2007 GSA Denver Annual Meeting (28–31 October 2007)

Paper No. 8
Presentation Time: 9:45 AM

FORENSIC GEOLOGY, A GROWTH INDUSTRY? FOR YOU?


ROLD, John W., 2534 S. Balsam St, Lakewood, CO 80227, Jwrold@aol.com

Forensic geology to me means application of earth sciences to the law or legal system. It includes testimony before boards or commissions not just court cases. I testified before many boards and commissions as well as court cases during 23 ½ years as State Geologist and later several court cases and controversial development cases as a consultant. Past jury service helps me determine characteristics of successful expert witnesses.

Forensic geology has become a growth industry within our litigious society. “Sue the bastards” now replaces “Let's work it out.” Burgeoning environmental and regulatory laws require experts and considerable testimony and reports. Permits require public hearings and expert testimony by applicants. Special interest groups now sue whenever their wishes are denied.

Forensic geology subjects range widely from mineral resources to construction, geologic hazards, ground water and land development.

Forensic geology requires expertise in the case's geological factors. It can be topical, i.e. landslides worldwide or geographic, i.e. geology of the Denver Basin. Ethics requires determining the facts of the case whether they are favorable or unfavorable to your client. Communication skills are absolutely essential. Experts must educate their lawyer and the judge and jury on the importance, reliability and defensibility of geologic data. Credibility is critical for the expert witness. If judge or jury don't believe testimony it's worthless.

“Is it for you?” To answer that question I refer the reader to Jim's excellent co-authored book Forensic Engineering. These pros and cons may aid your decision. Conflicts of interest rule you out of cases. It's interesting. -It's demanding. It's exciting. -It's stressful. You use your expertise. -It requires extensive research. It's challenging. -It's frustrating. You're your own boss. - Lawyers, clients and court schedules demand more than most bosses. You seek geologic truth. – Lawyers seek to win their case.

Forensic geology can be interesting, challenging and lucrative. It's not for everyone. If you enjoy research and academic discussion but fear cruel, incisive questioning of your background, credentials and opinions it's not for you.