Legal Question in Legal Ethics in Maryland

Re: Suing an Attorney

If you properly retained an attorney to note an appeal for you and it was not done so that the time period has expired, then you have a breach of duty which could form the basis for a suit against your prior counsel.

Of course, you can hire an attorney to investigate, evaluate and possibly represent you on such matter.

Presuming that you had someone properly retained, the big question will be whether there are actual damages that can be proved (i.e. can you show that "but for" the failure to appeal you "would have won" and would have then collected money?

This can be really difficult in an appeal, because if you lost below so that you are appealing now, you have to show an aweful lot in order to win a legal malpractice case. You have to show that "but for" the attorney's error, you would have won the appeal. Then you have to show that if you had won the appeal, you would also have won your underlying case at a new trial or whatever, and then would have to show the damages as a result.

this can be very tricky.

I'd be happy to chat briefly if you want to explore for a few minutes on the phone. Just give me a ring.