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