Legal Question in Personal Injury in Virginia

After having a lawyer for 5 years he gives me up to another lawyer 30 days before my trial date in Sept 09. My lawyer in Sept 09 failed to present most evidence and didn't catch things that he should on rebuttle. Feb 10, we did a motion for reverse and the Judge nor the other attorney got the motion but the judge, the judge heard it and denied my motion. What now.


Asked on 2/17/10, 4:22 pm

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

It sounds like you are claiming the lawyer committed legal malpractice--but there is no way to know based upon the little information you have provided. Did the lawyer you retained try the case? If not, did he get your permission to hire the other lawyer? Did they try the case together? Was there an offer of settlement from the defendant? These are just a few of the questions that need to be answered. If you sue your former lawyer you would have to prove 1. that he was negligent and 2. that you would have won the case if tried properly.

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Answered on 2/23/10, 5:09 am


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