Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?
My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.
Additionally, Psychologist had a request for protective order filed against her by boyfriend she was living with at the time. This information comes directly from court records. I do not know if the psychologist revealed this information to opposing counsel during the litigation.
Her testimony was devastating. Besides filing a grievance with the TX BHEC, do I have recourse under family code or tort?
A:
I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the psychologist's own personal divorce proceeding would be excluded from evidence under Rule 402 and 403 as irrelevant and unfairly prejudicial. It would not be admissible character evidence under Rule 404 and 405.
I don't see any basis under the Family Code or tort law for you to sue the psychologist. Since information concerning the psychologist's own personal divorce proceeding would almost certainly not be admissible in your modification proceeding, how were you harmed?
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