About Substance of law and ethics In Expert Testimony and Court appointed legal council.
Arlington, TX |
A court appointed attorney is asking for all documents and records of each individual Dr. Visit and is not relying on a Licensed Psychologists Evaluation report or a Psychiatrists Evaluation Report. Is this ineffective assistance of Council?
If the documents of the individual Doctors. are medically coded and individual to their private practice, the appointed lawyer may interpret them incorrectly providing incorrect evidence to the court. Is this ethical? Is it necessary or should the Evaluation letters be sufficient medical evidence to raise the medical defense theory?
If the lawyer interprets them incorrectly he will then sabotage the case and the judge will not see clear and substantive evidence. Correct or not?
Texas RULE 103. RULINGS ON EVIDENCE
(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer, or was apparent from the context within which questions were asked.
(b) Record of Offer and Ruling. The offering party shall, as soon as practicable, but before the court's charge is read to the jury, be allowed to make, in the absence of the jury, its offer of proof. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court may, or at the request of a party shall, direct the making of an offer in question and answer form.
fundamental errors affecting substantial rights although they were not brought to the attention of the court
It sounds as if your attorney is just trying to get all of the background material to review. If you really have concerns, you should set a meeting with your attorney and talk about them. They may be able to clearly answer your questions.