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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33372
Experience:  Began practicing law in 1992
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I was wondering if I can get a new trial if my attorney

Customer Question

I was wondering if I can get a new trial if my attorney didn't provide key evidence which would have resulted in a different verdict
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

It's not automatic by any means. One of the problems is that there is no way for the Court of Appeals to review the evidence to determine if they believe it would have actually caused a different verdict if the attorney never offered it into evidence.

You're not allowed to offer new evidence on a direct appeal from a verdict so that obviously creates an issue.

Was this a criminal trial or a civil trial?

Customer: replied 1 year ago.
This was a civil trial.I have proof that I gave the documents/evidence to my attorney, but she didn't use them. She also slipped and fell during our trial and hit her head and was taken to the hospital. Our trial was delayed 3 days due to the accident. During this time our expert witness was scheduled to testify. She didn't reschedule because our expert went on vacation and our attorney didn't want to delay the trial.
Expert:  Dwayne B. replied 1 year ago.

The only chance I can see is for you to hire another lawyer and have them file a Motion for New Trial and attach the evidence to the motion, arguing that your lawyer messed up. That way the evidence will be in the record and there is at least a chance that the court of appeals can see it and rule on it. You may also make the argument that your lawyer was actually physically/mentally unable to continue since they allowed the trial to proceed without the expert.