Q: Did my lawyer commit malpractice?
My lawyer filed a motion late and it was denied. He never filed an appeal or refiled a new motion. His failure to do that got a court-receiver put on the sale of my property. I asked my lawyer to squash a subpena and he charged me for "research on how to squash" but never did it. That caused the defendant to get documemts on my personal disability policy. My lawyers continued advice caused me additional losses
A:
Whether or not your lawyer was obligated to file an appeal turns, in part, on whether your retainer agreement covered appeals, and/or whether your lawyer advised of the appeal deadline, prospects for appeal, whether you authorized an appeal, whether you paid a retainer for an appeal, etc. The decision to not pursue a Motion to Quash may have been the result of no appropriate grounds for one, or he forgot, or just didn't get around to it. It would be difficult to pursue a malpractice action over a Motion to Quash, as the damages from (allegedly improper) disclosure of records would probably not support the time and expenses.
These kinds of questions are not easily answered in this kind of forum. You should search for legal malpractice attorneys in your area and get an actual consultation.
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