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ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15598
Experience:  Licensed Texas General Practice Attorney
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Can a book written by a pyschologist be used as testimony by

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Can a book written by a pyschologist be used as testimony by a expert witness in place of the actual person?


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No, not as testimony. It could be used for a court to take "judicial notice" of a matter, such as a standard definition of a psychosis, or a treatment option for it. But one of the hallmarks of the US legal system is the opportunity to cross examine a witness, and if that witness is not live, but a book, video, etc. and the other side to not have an opportunity to cross examine that witness, then it would not be a valid testimony. Again, it would only be be used as general information, to establish information in the field of study, and cannot be used as applied to any of the facts of the specific case.


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Customer: replied 3 years ago.

If you have retained a attorney to perform a specific task he is unfamiliar with, or finds out along the way that he'd rather not do it for whatever reason and wont return your phone calls, what do you do?

it would depend upon whether or not this was a breach of his ethical duties. If he just didn't want to do it, but yet are paid him to do it, I would threaten an ethics complaint with the State Bar. if he had represented that he could do it, he paid them to do it, and ultimately not, that as well would be the basis for an ethics complaint. Of course first I would try working out with him before taking to the state bar.

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