Legal Question in Appeals and Writs in California

Re: Attorneys duty on threat of an appeal?

No. Did you ever ask your lawyer, who appears to have done all you could have asked of him/her, why the delay? It may surprise you to find out it was to help, not hurt, you. Did you ever consider that letting time pass, of no harm to you, would allow the loser's anger to pass and possibly eliminate any appeal at the later date? The effects on you were no greater at the later date than at the earlier date. Apparently the delay even helped to put the loser in a pro per position, of enormous assistance to you. Why are you so angry at the person who helped you?

Re: Attorneys duty on threat of an appeal?

An attorney's duty when he expects the other side to appeal is no different from his duty when there is no reason to expect an appeal.

The problem with your logic is that, even if the judgment had been signed more quickly, the losing party likely still would have appealed and the same thing would have happened. In other words, the delay did not cause the harm of which you complain. The harm was caused by the fact that the other side filed a non-frivolous appeal. Your lawyer is not responsible for your opponent's decision to appeal (which you agree happened before the delay) or for his ability to make plausible arguments.

Unless you can prove that the delay made the appeal stronger, that your lawyer should have known this would happen, *and* that he had no valid reason for the delay (including making sure he would have time to defend you in the appeal), you will have a very hard time winning such a lawsuit.