Is Failing To File Appeal Malpractice
A case involving breach of contract / violation of consumer laws / libel / defamation was appealed to Circuit Court from Session (small claims). Prior to the merits of the case being heard. A motion to dismiss was granted by the Circuit Court. In response, Plaintiff's attorney cited several authorities in a written appeal. The crux of the appeal was that the exact same issues had been decided by the Appeal Court prior ( unrelated case) and the Circuit court had no standing to not abide by the Appeal court ruling. Plaintiff's atttorney had 30 days to file the appeal. Attorney notified plaintiff 5 days after the 30 day statute that he had covered the documents in other paperwork on his desk and failed to file them in a timely manner. He apologized, said he was extremely embarrassed and advised plaintiff that he would no longer be representing plaintiff because of the potential for a cause of action against him for his negligence in faililng to file the appeal. Compensatory and punitive damages in the case were nearly $100,000. Question.....is the fact that the attorney failed to file the case within the 30 day period, a cause of action for legal malpractice / negligence? Is all lost?
1 Answer from Attorneys
Re: Is Failing To File Appeal Malpractice
Yes, this appears to be a case of legal malpractice. There are other questions that have to be explored. Give me a call and we can discuss. Bill Poland 931 552 3475