Legal Question in Appeals and Writs in California

Re: Question about who can file the appeal.

You can file the Notice of Appeal yourself, in propria persona. Alternatively, you can ask your trial counsel to do it and then get new counsel afterwards, but your trial counsel may not be willing to do this because she will be the attorney of record unless and until you get someone else on board. The easiest way would probably be to have trial counsel prepare the necessary paperwork for you to sign on your own behalf.

This all presumes that the upcoming deadline is for the filing of the Notice of Appeal. If it is for the filing of the Opening Brief, well, you will want to get that new attorney quickly. The due date for the opening brief can be extended, but you should not let too much time tick away before you hire competent appellate counsel.

Re: Question about who can file the appeal.

You can do it yourself, but it is extremely important that it be done correctly. If you do it late, wrong or not at all, the appellate court will refuse to read your attorneys' briefs.

You might be better off trying to retain an attorney before the deadline runs.

If that is not possible, then definitely file something rather than nothing. Don't rush out and file it today, though, because certain deadlines are based upon the day you file the notice of appeal.

If you would like to talk about retaining my firm to represent you on appeal, please feel to call me at (650) 842-8481 to discuss your case.

Re: Question about who can file the appeal.

It is best for the attorney of record to file the notice of appeal as the clerk of the court may reject another filing since it is not the attorney of record. This I belive is incorrect, because I have filed a notice of appeal on behalf of a client one time when I was not the attorney of record and could not obtain the prior attorney's signature. Our firm has handled numerous appeals and can help you. Please contact our office for an appointment. We handle cases throughout California.