Legal Question in Legal Malpractice in California

Failure of attorney to toll appeal statute; stipulate to costs without client no

My attorney failed to represent me in many manners throughout my lawsuit and appeal. Now, a year (sans a few days) after the appeal was decided, which he never notified me, he is writing and sending me a stipulation to judgment for costs written in August, 2002 that he signed in my stead that I never knew existed. With an ''oops, my bad'' attitude, he has sent a letter to me without any inference that I have any remedy to the situation. Are the laws relevant to attorney behavior so lax that I just have to re-experience the nightmare that this case has been and be financially ruined or do I have any recourse? Thank you for any assistance because at present I feel totally exposed, vulnerable and without protection by anyone that has a clue.


Asked on 5/22/04, 4:45 am

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: Failure of attorney to toll appeal statute; stipulate to costs without clien

You should consult with the attorney that represented you and ask him specifically what happened and why and what you could do about it.

If you do not get a satisfactory answer, you should talk with another attorney about the problem and see if that attorney can shed any light on the subject. The risk of any appeal is that the losing side may have a judgment for costs assessed against them. That same risk occurs in a lawsuit. In some cases, if agreed to in a contract or provided for by statute, attorney's fees may also be awarded.

If the attorney was careless in allowing the result to occur, there could be a right to recover damages against the attorney. However, attorneys cannot gurantee outcomes and you may not have recourse if the attorney was not careless.

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Answered on 5/25/04, 7:57 pm


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