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What is a case-within-a-case?

Legal malpractice can be tricky. It is not always easy to prove such a case in a California court. However, if you feel you have been wronged by an attorney, it is your right to seek damages in court. One of the main points when proving a legal malpractice case, as explained by Plaintiff Magazine, is proving the case-within-a-case.

This basically means that you have to show that had your attorney not acted in the way he or she did that the results of your original case would have ended more favorably for you. Proving the case-within-a-case proves the causation element of a legal malpractice suit that is required to take the case to court and win. If you cannot establish this, then you do not have a case.

Essentially, to prove a case-within-a-case, you have to retry the original case using the same setup. This is also referred to as a trial-within-a-trial. You need to show that had your original case not included the alleged errors that you would have received a better outcome, such as winning the case or a larger settlement amount. 

Proving your case-within-a-case is essential because it shows your original attorney's actions were negligent and that he or she did not do a proper job representing you. In addition, you show there were damages as a result of the actions of your lawyer. Without proving this, you cannot claim malpractice occurred. This information is for educational purposes only and is not intended to be used as legal advice. 

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lange law corporation

Lange Law Corporation
222 N. Sepulveda Blvd., Suite 2000
El Segundo, CA 90245

Toll Free: 800-481-3980
Phone: 310-955-4693
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