Legal Question in Appeals and Writs in California

1Legal, law, court, contracts between Administration office who appoint attorney for a court and District Court of Appeals?

2. the administration office as being 3rd party on Appeal? who claims to appoint the attorney and assist the attorney and court for administrative services..since the office is listed as a party they should have a interest in case and they the ones to appoint counsel

3. The Attorney fails to work in your best interest and waived claims on Appeal leaving you with no recourse or advise waived oral arguement and allows judgment in by affirming through frivolous brief.

.didn't get to exhaust remedies on only right to Appeal and any other appeal or writ is discretionary and can't review what wasn't raised on appeal and can't challenge in writ because it could of been reviewed on Appeal and it's a should of, could of but didn't issue. I feel no remedies and need relief..somehow reopen Direct Appeal and remove what frivolous corrections made before remittitur even filed..how can lower court modify reporter transcripts while Appeal pending

Post conviction Attorney or a Civil rights violated due process violated lawsuit Attorney


Asked on 2/29/24, 4:05 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your question isn't very clear. You believe a lawyer who was appointed to represent you did his job poorly. Indigent appellants often feel that way. Sometimes they're right. Usually, though, the lawyer performed well and the appellant is mistaken about the law.

It's up to the lawyer, not the client, to decide which arguments to make. Arguments which seem strong to a layperson are often quite weak, or even frivolous, for reasons that only someone more familiar with the law would recognize. Lawyers who see a handful of strong issues along with many weak ones should focus on the strong ones. That often means they will not address the weak ones at all.

Different appellate lawyers might see a case in different ways. They won't always agree about which issues are strongest or which ones aren't worth making. So even if your lawyer could have handled the case differently, that does not mean the way he actually did handle it was wrong.

Since we don't know either what happened or what you think should have happened, it's hard to offer any specific guidance. You're welcome to contact me directly if you want to discuss your situation in more detail. (You were right not to go into much detail here, since parties should not post any sensitive details or privileged information publicly.)

Good luck.

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Answered on 2/29/24, 4:25 pm


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