10 Chapter One

1.4.5 Trial
The forensic engineer should be prepared to present the results of the
investigation in a court oflaw. There are publications that help the indi-
vidual prepare for trial testimony as well as describe the proper conduct
during trial. For example ASCE, in Guidelines for Failure Investigation
(Greenspan et al., 1989), lists several important factors when giving tes-
timony, such as presenting a positive attitude and proper demeanor,
showing respect to the court, and maintaining your professionalism and
proper posture. Other important items during testimony are to speak
clearly, pause before answering the question (to allow time for objec-
tions), and only answer the question, without expanding on your
answers, which could give the opposing attorney more information than
is required. The following is a summary of important items to bear in
mind when giving testimony (Greenspan et al., 1989):

• Attitude and demeanor: Present a positive attitude and proper

demeanor.
• Respect: Show proper respect to the court. Address the judge as
"your honor."
• Qualifications: Do not be boastful or exaggerate professional quali-
fications.
• Body language: Remain calm and be aware of body language.
• Posture: Sit up straight in the witness stand.
• Gestures: Avoid excessive hand or head gestures.
• Eye Contact: Look directly at the jury when answering questions.
• Facial expressions: Avoid facial expressions that convey feelings.
• Speak clearly: Speak concisely in a clear voice.
• Pause before answering: A momentary pause allows time for attor-
neys to voice objections.
• Remain dispassionate: Maintain composure during verbal attacks
by the opposing attorneys.
• Avoid confrontation: Confrontation with opposing attorneys dam-
ages the expert's credibility.

The most difficult time during trial testimony is usually during cross-
examination, when opposing attorneys may try to discredit your testi-
mony. Matson (1994) states:

The opposing attorney has the opportunity to question the validity of your
opinions expressed during direct examination. They will also question the