QUESTION

Are there skilled lawyers that would be willing to take our case on a contingency basis

Asked on Dec 13th, 2018 on Business Law - Kansas
More details to this question:
We just lost a case that was very poorly handled. Critical witnesses and evidence was not used. Our attorney had been sick for 2 weeks and he was on a prescription cold medication which we believe affected his attention and focus. We simply want to get our witnesses documents and facts before judge Gurney.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
If I understand you correctly, you lost your case and now want to try again before the same judge, but that is very unlikely.  Barring extraordinary circumstances, you can't try your case again.  You can appeal, but you would have to show some error by the Court which affected the verdict.  Thus, if, for example, the evidence was not allowed in because the trial court made a mistake, that could lead to reversal on appeal, but if it was not let in because your attorney screwed up, that is not appealable.  Your remedy would be to sue your attorney for malpractice.  This is very difficult, however, because it is difficult to prove that the attorney acted incompetently and that you would have won the case if he/she had been competent.  I know of legal malpractice cases which have been handled on a contingency, but it would have to be a very strong case.
Answered on Dec 14th, 2018 at 11:55 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters