The Advocates You Want On Your Team

Trying A Case Within A Case

In many malpractice cases, it becomes necessary to prove what the outcome of the case that was handled negligently would have been worth if there had been no legal malpractice. This requirement is referred to as proving the “case within the case”. Often, this requires trying the underlying cause in the trial of the legal malpractice case. This is one of the reasons why legal malpractice cases can be difficult and expensive to handle.

Garcia v. Kozlov

Marty was the attorney that tried and argued the important and precedent-setting legal malpractice case of Garcia v. Kozlov before the New Jersey Supreme Court.

In Garcia, Marty argued that a legal malpractice plaintiff should not be limited to the case within a case procedure of proving legal malpractice at trial. While the “case within a case” method is often the most appropriate procedure, in certain circumstances it can be unreasonably expensive and difficult to proceed in that manner.

The Supreme Court in Garcia agreed that in appropriate circumstances the legal malpractice plaintiff can prove the underlying case through expert testimony rather than being forced to recreate what would have actually occurred in the underlying trial if it had not been for the attorney’s negligence.

Certified Civil Trial Attorney

Martin K. Indik is has been awarded recognition as one of New Jersey’s “Super Lawyers” in the area of professional malpractice, including legal malpractice. He has specialized in suing lawyers for over 30 years. The New Jersey Supreme Court has endorsed him as a “Certified Civil Trial Attorney”, a distinction that only a small percentage of New Jersey lawyers attain.

Free Initial Consultation

For legal malpractice cases like this, we charge no fee for the initial legal consultation and if we conclude that your case merits it, we will offer to take your case on a contingency basis. That means that if we don’t recover money for you, you don’t pay a legal fee. Call our Metuchen office at 732-821-2500 or use our online form to make an appointment.