I have another question. Sorry. I did speak with a malpractice attorney and he says I have a claim, but what do I need to do if I want the case re-tried due to my lawyers incompetence, negligence and indeed malpractice. He has completely botched and butchered up this case and I want it to be re-tried. What do I need to do then for that to happen? Thanks for your help.
2 Answers from Attorneys
The malpractice lawyer should have been able to answer that question and you should contact him or her. If he said you had a case but did not want to take it, I would view his review with skepticism.
The original case does not get retried, except in the context of the "case within a case" doctrine.
Retrial only occurs if appellate court reversed the final judgement. This cannot happen due to incompetence if trial counsel. Seek further advice.