Legal Question in Appeals and Writs in California

small claims appeal

We won a judgment against unscrupulous landlord in small claims court and they appealed it. Since it was a very difficult case, hired an attorney.

The attorney was late and unprepared which made the judge angry. Then, he forgot to introduce the most crucial evidence which would've proven these people deceitful.

After the hearing today, the judge seemed partial to the landlords. We asked the attorney why he didn't provide this one piece of evidence and he stated he had forgot!

Can he get this evidence to the judge after the hearing or is there any way we can do something? We are not happy with this attorneys conduct who may cause us to lose the case on appeal.


Asked on 10/15/99, 5:19 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: small claims appeal

It sounds like you were doing better on your own without an attorney.

I don't know enough of the facts of your case to determine whether there is any damage control you can do at this point. You may want to call an appellate specialist (which I am not).

However, you may also want to consider bringing an action for legal malpractice against your attorney. You might want to begin documenting such a claim by writing down your entire recollection of the hearing and all the statements made by your attorney in that hearing.

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Answered on 10/15/99, 8:26 pm


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