A magistrate for the Northern District of Texas denied an insurer's motion seeking to exclude the non-retained expert opinions of a public adjuster on the basis that the public adjuster was hired on a contingency contract, observing that the Texas Disciplinary Rules of Professional Conduct advises against abusing the rules by invoking them "as procedural weapons" and held that a violation of the Disciplinary Rules would not warrant exclusion under Rule 702 and that there is no violation of the Disciplinary Rules when the insured, not the attorney, hired the public adjuster prior to litigation and not for the purpose of providing testimony.
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