ABSTRACT

One of the most nerve-racking projects that a groundwater hydrologist can be asked to undertake is to prepare for and to give testimony in a court of law. Preparing for and giving a presentation at a public hearing is usually uncomfortable as well. Perhaps nervousness begins to creep in as one conjures up images of past Perry Mason television episodes or unpleasant scenes from movies such as The Verdict, Anatomy of a Murder, or The Firm. With experience, however, some form of calm will begin to take shape as one finds that these proceedings have many predictable aspects to them and that the media portrayals are mostly overdone and not exactly faithful to the way things actually work in the real litigative world. As it turns out, most of this testimony is just plain hard work that is done under the guidance of a few rules set down by the law. Once you know some of the dominant rules, and have seen the way they are played out, most of the experiences repeat each other. This paper will begin with the authors background on this subject. Next, a reminder will be given concerning the groundwater modeling approach. Third, a discussion will be given about the legal approach including some of the details of interviews, case prep­ aration, depositions, negotiations, and trial characteristics. FinaDy, a few philosophical statements will be given that might help bring this subject into proper perspective.