Legal Question in Civil Litigation in California
If an Attorney fails/refuses to appeal a judgment (when there's grounds to do so, and there's probability of prevailing), in Unlimited civil case, is that considered automatic Legal Malpractice, even though in the fee-agreement it states that the attorney will not represent Plaintiff in any appeal.
Because if that attorney did not agree in writing to handle appeals, shouldn't that attorney atleast hire an appeals lawyer to handle the appeal, for his client, the Plaintiff.
5 Answers from Attorneys
No. If the fee agreement does not include appeal, the attorney has no obligation to appeal. That is the client's obligation.
Mr. Selik is correct. Not only is it not "automatic" malpractice, it is not malpractice of any kind. The plaintiff had an agreement with the lawyer that no appeals would be included in the services. If the client wants to appeal, it is up to the client to find a lawyer to do it.
The terms of your relationship with your lawyer are defined by your contract. Your attorney apparently did not agree to appeal the judgment, and your attorney apparently did not agree to find you counsel to do so. I see no malpractice in connection with the fact that you did not have an attorney to pursue the appeal.
It is automatically not malpractice.
"...even though in the fee-agreement it states that the attorney will not represent Plaintiff in any appeal."
What part of NOT do you not understand.
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