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mikeydee · Feb 19, 2011, 05:32 PM

Can I file a legal malpractice case against a lawyer if the judge lets the case go back to court with a new lawyer? This was a civil case in NJ
Thank you

smoothy · Feb 19, 2011, 05:46 PM

You are going to have to provide evidence of inadequate representation... just because you lost doesn't mean there was malpractice and you might open yourself up to a malicious prosecution suit by that lawyer.

You don't simply get a judge to "let it go back to trial" after a verdict is handed down.

You have to appeal the verdict. And you have to have that appeal request accepted by the court. Any malpractice suit will be a separate suit.

Fr_Chuck · Feb 19, 2011, 06:18 PM

Cases go back to court, get refiled and go back to court,
Just that fact is no proof of any improper representation.

So what exactly did the attorney do wrong, what did they do that is not normal and proper for normal court practice

AK lawyer · Feb 20, 2011, 12:38 AM

Originally Posted by smoothy

... You don't simply get a judge to "let it go back to trial" after a verdict is handed down.

You have to appeal the verdict. ...

That's what a mistrial would be.

mikeydee · Feb 20, 2011, 07:48 AM

I was trying to keep the questions simple. But to be clear, the lawyer missed every deadline & threatened me that he would not do discovery (which he didn't), he refused to take depositions, or do any discovery - he has refused to turn over the file unless he gets money (this just the basic, this guy really did a number on me), I did not sign the settlement as it was terrible.
I have a new lawyer & the case may go back to court to again, if the judge says the un-signed settlement is not valid & the case goes back, can I still go after him for malpractice?

mikeydee · Feb 20, 2011, 07:48 AM

I was trying to keep the questions simple. But to be clear, the lawyer missed every deadline & threatened me that he would not do discovery (which he didn't), he refused to take depositions, or do any discovery - he has refused to turn over the file unless he gets money (this just the basic, this guy really did a number on me), I did not sign the settlement as it was terrible.
I have a new lawyer & the case may go back to court to again, if the judge says the un-signed settlement is not valid & the case goes back, can I still go after him for malpractice?

mikeydee · Feb 20, 2011, 07:48 AM

I was trying to keep the questions simple. But to be clear, the lawyer missed every deadline & threatened me that he would not do discovery (which he didn't), he refused to take depositions, or do any discovery - he has refused to turn over the file unless he gets money (this just the basic, this guy really did a number on me), I did not sign the settlement as it was terrible.
I have a new lawyer & the case may go back to court to again, if the judge says the un-signed settlement is not valid & the case goes back, can I still go after him for malpractice?

smoothy · Feb 20, 2011, 10:20 AM

Sometimes short and simple is best... but this is one of those times relevant details can make all the difference on the advice.

AK lawyer · Feb 20, 2011, 10:38 AM

Originally Posted by mikeydee

... if the judge says the un-signed settlement is not valid & the case goes back, can I still go after him for malpractice?

That's too complicated to answer on the basis of the limited information you have given us here.

From the few clues you have given us, I suspect it may be a matter of "you get what you pay for". Did he refuse to do depositions, etc. because you couldn't pay for them, or because he didn't feel they were necessary? Did you have a written contract with him?

You should speak to your new lawyer about whether you have a case for malpractice.