Legal Question in Civil Litigation in Texas

Legal responsibilites of a hired professional

Is there any type of legal recourse for a Texas land surveyor joined in a contract with an indv. whereby the professional was to survey and area and also be an expert witness if the case went to court. This surveyor talked with the opposing partys' surveyor/expert witness the night before mediation and relayed information about his preliminary findings on the survey to the opposing side.. Upon morning of mediation the opposing counsel revealed in the mediation he had spoken with his expert witness and he recited the info about this conversation between ourselves and our hired surveyor/expert witness and knew what was said on the preliminary findings. I don't understand how, a professional surveyor in this type of position can do the above and is ther any recourse I had againist this surveyor (other than not ever use him again)


Asked on 8/23/00, 10:55 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Legal responsibilites of a hired professional

It is not clear that the surveyor did anything wrong by speaking with the other side. The information may have been required by procedural rules to be disclosed prior to the mediation, and surely the information was disclosed during the course of the mediation in any event, assuming it was integral to the attempted resolution of the problem by mediating.

Speak with your lawyer, but do not assume impropriety until you have done so.

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Answered on 9/29/00, 10:30 am


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