If you believe that your attorney has mishandled your case, it is crucial that you are able to prove that he or she acted in a negligent manner. Your attorney’s negligence in acting on your case may have led to an unjust verdict, one that you believe would not have occurred had your attorney given proper representation. In such a situation, you are responsible for showing that your verdict would have turned out differently had your attorney followed the proper legal rules.
Case within a case is a term used to describe the original case in which your attorney was representing you. For example, if you were on trial for theft, but your case lacked sufficient evidence, you may have received an unjust verdict if your attorney failed to handle your case properly. The original case of theft is known as the case within the malpractice case, and it also under scrutiny when a court is looking at a legal malpractice situation.
According to the American Bar Association, there are many forms of legal malpractice people may encounter when working with an attorney. The most common occurs when attorneys fail to know the law or apply it properly in the case. Planning errors, inadequate investigation into the case, failure to file documents on time according to deadlines, failure to show up at trials on time or schedule or fraud are some of the major reasons. When an attorney procrastinates the case or acts under a conflict of interest, he or she may be accused of negligence as well.
This information is intended to educate and should not be taken as legal advice.