Legal Question in Legal Malpractice in Michigan

what happens to an attorney who was hired to represent a client in a employment case and was supposed to file an appeal however the attorney filed the appeal untimely and the gudge dismissed your case due to it being untimely .and the attorney was paid well in advanced and will not refund the money ? you file a grivence with the Commission and the attorney in question lies to the commission about the amount of money that the client gave him ti take his case infact the attorney called the client a boldface lier however the client has the evidence to prove that the attorney is lieing and trying to deface the commission ?


Asked on 11/16/10, 7:48 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Assuming that you gave your evidence to the commission, and the grievance commission found that the attorney was not liable, it is probably because you did not hire the lawyer to represent you in an appeal. You need to read your engagement agreement, and read the commission's report. If you still believe that the commission made an error, and it is a recent decision, then you may able to request a rehearing or reconsideration, if the commission failed to review and address your evidence in its findings. You may need an attorney who specializes in legal malpractice cases. Keep in mind that you will have to prove that you would have prevailed in the appeal, but for the attorney's late filing. This "case within the case" is a high hurdle. You may contact me for a referral to a specialist.

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Answered on 11/22/10, 4:40 am


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