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 & Whittemore 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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