Legal Question in Legal Malpractice in Florida

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.

Asked on 12/07/17, 11:09 am

2 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

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.

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Answered on 12/07/17, 2:10 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Retrial only occurs if appellate court reversed the final judgement. This cannot happen due to incompetence if trial counsel. Seek further advice.

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Answered on 12/08/17, 5:02 am

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