I heard there is a way to get a new trial if you can proof that you legal representation was incompotent? What is this called? How does it work?
2007-01-08 03:59:36 · 7 answers · asked by katy_zpb 2 in Politics & Government ➔ Law & Ethics
Yes; it happens all the time in CRIMINAL matters (probably no good luck in civil matters). In criminal matters, you usually have to file a "collateral attack" on the conviction alleging "ineffective assistance of counsel." But since you're not in prison, I'm guessing that's not your problem.
In civil matters (i.e., when you're not being charged with a crime by the government), there usually isn't any way to get a new trial from incompetent counsel; all you can do is file a malpractice claim against your former attorney.
Remember, just because you lost, doesn't mean that the lawyer did anything bad. And just because you disagreed with a way that the lawyer handled a "procedural" matter doesn't mean that the lawyer committed malpractice. But if there is a true gross dereliction in duty, go speak to another attorney who practices in this area. Get a referral from the local bar association--they should at least be able to evaluate your case to see if there is a malpractice claim.
If the case is still open (i.e. there hasn't been a judgment yet) you might want to see the lawyer quickly, as you may be able to substitute counsel and ask for extraordinary relief from the Court (although this is not likely to be granted) such as a new trial. But the time to request such ends quickly.
2007-01-08 04:05:11 · answer #1 · answered by Perdendosi 7 · 1⤊ 0⤋
Your Attorney who you feel is or was incompetent had to be either guilty of Mis feasance, Mal feasance, or Non feasance.
Basically this is he should have done something he should of done but didn't do (Mis feasance), or did it very badly that had a negative effect on your case (Mal feasance), or his didn't do anything that he should have done (Non feasance).
To prove this, your new Attorney will have to prove it to the satisfaction of the Court before any action will be taken to give you a new trial or reverse the decision of the Court that heard the original case as a result of the alleged "incompetency"!
Which for the most part is very, very difficult.
2007-01-08 04:13:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2007-01-08 07:25:20 · answer #3 · answered by citronge69 4 · 0⤊ 0⤋
Contact the state bar association. They have guidelines for dealing with them.
2007-01-08 04:33:36 · answer #4 · answered by C B 6 · 0⤊ 0⤋
Ask your lawyer how you can get an appeal, the sue him
2007-01-08 04:01:52 · answer #5 · answered by pinkfudge27 4 · 1⤊ 0⤋
hire a good lawyer he will tell you what to do
2007-01-08 04:01:56 · answer #6 · answered by ken y 5 · 0⤊ 0⤋
You are right but unsure what it is called
2007-01-08 04:02:23 · answer #7 · answered by dwh12345 5 · 0⤊ 0⤋