Legal Question in Legal Malpractice in California

Appeal dismissed pursuant to rule 105?

After paying an attorney $10,000.00 to appeal a judgement in a criminal matter, isn't he suppose to do just that? Or in the very least, let his client know that he failed to file the opening brief by the courts specified time so therefore caused the court to vacate the hearing on their own motion? Now instead of the original plan to appeal, he now says he thinks it will be better to withdrawl the appeal and instead try for a sentence reduction, all the while never mentioning that the current appeal has been dismissed because of his error. Is there any way I can get any of the money back before my statute of limitations expires? Shouldn't he be held accountable for his errors?


Asked on 6/13/06, 4:40 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Appeal dismissed pursuant to rule 105?

Depending on how long it's been, perhaps the attorney (or another attorney) can file a motion to reopen, blaming the lawyer for his negligence for failing to timely file the brief. Not knowing the facts of your case, I can't comment on whether it's better to enter into a plea deal. He has an ethical obligation to protect you from his own mistake if at all possible. You can ask for the money back to hire a lawyer to try to get the appeal back on track.

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Answered on 6/13/06, 10:10 pm


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