You usually do not expect to need more than one lawyer when you seek legal aid. If you experienced legal malpractice, though, you typically need a second attorney to help you find justice. At Lange Law Corporation, we know that sometimes it is difficult to understand how you can prove that your previous lawyer is guilty of legal malpractice.
There are a few ways your new lawyer can demonstrate that legal malpractice occurred. Plaintiff Magazine says that one of these is through a case-within-a-case. Your lawyer typically seeks to prove that your case did not get the verdict it deserved because the first attorney did not give it enough time and attention. Additionally, the first lawyer usually takes the place of the original defendant. This means that if you were injured in an accident and not compensated for your medical expenses because of your attorney’s mishandling of your case, this attorney becomes responsible instead of the people who originally owed you the compensation.
When your new attorney utilizes a case-within-a-case method, he typically must re-create the original trial. This means that the original evidence and procedures must be submitted and followed, as well as any orders the judge gave to the jury. By doing this, your lawyer typically seeks to demonstrate that it was your first attorney’s negligence which affected the result of the trial and not a court error.
Legal malpractice is a unique area of law, and often, defenses and arguments must be tailored to the original case. More information about proving negligence can be found on our webpage.