Legal Question in Appeals and Writs in Washington

Anyone Have Any Case Law on an Appeal Action

Does anyone have any case law on an appeal action where an attorney suddenly bails out on a client 2 days after the statute of limitations ran out and didn't notify the client of this; the client then files the case on her own only to learn that the statute was missed by 2 days but the judge wouldn't allow her to speak or inquire on the matter; he just told her to stop arguing and be quiet, so she filed an appeal, and now the content of that appeal is due May 9. The defense has also filed a motion for the plaintiff to pay his attorney fees when it was no fault of the plaintiff's in the first place but the fault of the bad attorney who missed the statute. Any case law on this is much appreciated or even a mock appeal would be great that I can use to work from. I understand that you are not representing me unless you want to, but you're under no obligation. I just really need help here and ASAP. Thank you.


Asked on 5/04/07, 7:36 pm

2 Answers from Attorneys
Merry Kogut Key Peninsula Law

Re: Anyone Have Any Case Law on an Appeal Action

I agree with Mr. Nance.

In addition, you have the right to file a complaint with the bar association, and there is no charge. The website is www.wsba.org

The bar will conduct an investigation and will discipline the attorney if he or she is at fault.

Meanwhile, did you pay your attorney? Did he or she give you written notice of his or her plan to withdraw? These are the kinds of questions that the bar or an attorney will ask you.

I am not personally interested in representing you. To find an attorney, I suggest you try the trial lawyers association. There is an attorney directory that's searchable by topic at www.wstla.org

Best of luck to you.

Merry Kogut

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Answered on 5/05/07, 8:14 pm
Johm Smith tom's

Re: Anyone Have Any Case Law on an Appeal Action

You need to retain an attorney to review the possibility of suing your first attorney. Missing the statute of limitations, depending on the facts, can mean the first attorney will have to pay your damages.

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Answered on 5/04/07, 9:52 pm


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