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The exploration geophysicist as an expert witness

Borden Ladner Gervais LLP, Calgary, Canada

Corresponding author: J. Krüger, jkruger@blgcanada.com

The first 20% of the full text of this article appears below.

Expert knowledge in a certain field does not necessarily equip one to successfully defend personal opinions under competent cross-examination.

Today, an increasing number of exploration geophysicists are approached to give expert opinions in disputes between parties. The purpose of this article is to give some helpful pointers to those chosen professionals.

	Initial contact

 
When first contacted by a client to give an expert opinion in court, take the following into account:

• Does your schedule allow enough consideration to the case?
  
• Is the matter truly within your field of expertise? If not, decline.
  
• The identity of the client.
  
• The identity of the other party/parties to the dispute.
  
• Potential conflicts of interest with your own employment, the parties to the dispute, or previous opinions you may have expressed on the topic.
  

A potential expert witness would be disqualified from accepting a mandate from a client if the other party to the dispute had established prior contact with the same expert. This and other possible conflicts of interest should always be discussed up front. Once these matters are cleared, the expert still has a lot to ask.

What are the scope and length of your participation in the case? Are you limited to giving a scientific opinion? Or is a full report expected, and if so, will it be disclosed to the adversary parties? Will the report be used in court or arbitration proceedings?

Before accepting the mandate, find out whether tests or research will be required in support of the expert opinion. If so, how extensive and expensive would such testing be and who will pay for it?

It is also important to find out whether you are expected to meet with the experts employed by the other parties to the dispute. The particulars of such meetings are also best addressed in advance.

Would . . . [Full Text of this Article]