Users' questions

Can a court take an expert opinion as conclusive proof?

Can a court take an expert opinion as conclusive proof?

Expert opinion on fingerprints has the same value as the opinion of any other expert. The court will not take opinion of fingerprint expert as conclusive proof but must examine his evidence in the light of surrounding circumstances in order to satisfy itself about the guilt of the accused in a criminal case.

When do you need a lawyer for a case?

If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4. A DUI

Can a handwriting expert give a conclusive opinion?

On the question of the handwriting of a person, the opinion of a handwriting expert is relevant, but it is not conclusive and handwriting of a person can be proved by other means also. i) A person who wrote the document can prove it. (Sec.47) iv) The court can form opinion by comparing disputed handwriting with the admitted handwriting. (Sec.73)

What makes an expert witness admissible in court?

An expert witness is one who has devoted time and study to a special branch of learning and thus he is specially skilled on those points on which he is asked to state his opinion. His evidence on such points is admissible to enable the court to come to a satisfactory conclusion.

Can a lawyer be sued for being an expert witness?

Generally, the expert witness must be an attorney practicing in the same practice area and same locale as the attorney being sued. An attorney is a fiduciary of his client, and the attorney owes the client a duty of utmost good faith. As part of this duty, the attorney has several obligations to the client.

Can a lawyer be sued by a non-client?

Attorneys may occasionally be liable to non-clients if the attorney makes a false misrepresentation that the attorney knows will be relied upon by the non-client. These claims are discussed in more detail in the section of the site relating to who may sue attorneys.

Can a lawyer be sued for advice and opinion?

What constitutes advice and opinion is still being determined by the courts. Clearly, an attorney could still be sued for the actions described above, but there are still questions about how much further the exemptions extend. Attorneys may also be sued for committing fraud on their clients.

Can a lawyer be sued for investing in a business?

A growing area of concern is attorneys or law firms who invest in the business of their clients. In such a situation, the attorney has the obligation to put the interest of the business first, even if it means prejudicing the attorney’s investment.