Legal Question in Legal Ethics in California

File a complaint with the State Bar. Hire another lawyer and see if she can get the appellate court to accept a late brief. You probably should not give that lawyer any more money. If your case has merit and you can't file your appellate brief, then you might sue the attorney for failing to do what he was supposed to be doing. The problem with that is, though, that you would have to show that you were likely to win the appeal and the case back in superior court. At the very least, you might be able to get a refund of the money you paid on a breach of contract theory.

I agree with Mr. Cohen. You need to do several things.

1. File a complaint with the California State Bar.

2. Get another attorney, who can hopefully file a motion to set aside the dismissal of the appeal and file your opening brief.

3. Consider suing the old attorney for malpractice, fraud, and breach of contract.