Legal Malpractice in New Jersey: The Collectibility Issue

I have previously explained that the "suit within a suit" concept in a legal malpractice case was conceived to allow a client victimized by an attorney's negligence to receive what he/she would have received, but for the attorney's negligence. 

Another component of the "suit within a suit" concept is the so- called collectibility issue . Even if an attorney’s negligence is glaring, the client my not be able to recover any money from the attorney if the original wrongdoer did not have the funds necessary to pay the judgement. Thus, if you are involved in an automobile accident were the other driver is 100% at fault and the lawyer you engaged to prosecute the claim failed to file the case within the statute of limitation you may not recover any money from the attorney if the other driver had no asset, or no job and could not otherwise pay the judgement.