The Expert Witness And Environmental Law Practical And Ethical Considerations For Lawyers

Introduction

The complex nature of environmental issues that come across a lawyer's desk often require highly technical expertise from any (or all) of a number of highly specialized disciplines. Expertise could be needed from fields that include geology; hydrology; hydrogeology, engineering, organic and inorganic chemistry, toxicology, epidemiology and even meteorology. That list is by no means meant to be exhaustive.

Equally varied is the context in which the lawyer might need such expertise. While one most commonly thinks of an environmental expert in their role as expert witness at trial, in reality an environmental expert serves many essential roles in both litigation and transactional legal work. These roles include litigation advisor, assisting with due diligence in a transaction, assisting with identifying risks that might need to be specifically allocated in an agreement, determination of costs for remediation or risk management measures, perhaps in the