Smithville, TN asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Legal Malpractice for Tennessee

Q: I'm looking for case law involving a motion to vacate due to attorney fraud. The lawyer in question plead guilty.

The attorney forged documents stating he was conducting actions on behalf of client, later it was discovered he was doing nothing, on which he plead guilty (he did the same to many others).

The client was defaulted and then never granted appeal do to the inactions of said attorney. The client attempted a motion to vacate, did not get it in lower court, then appealed to higher court they agreed to hear the case. Now she needs to create a brief, but has spent all her money on first attorney.

2 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: Tennessee rule of civil procedure 60.02.

Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The Appellant has no choice but to research the law, then draft, file and serve the Appellate Brief. She filed the Appeal and she must follow through. She will probably need to file a Statement of the Evidence and designate certain pleadings and documents as the Record on Appeal. Documents from other Cases could be difficult to put in her Appeal, but she might get away with attaching Certified Copies of the same as Exhibits to her Brief. Read the Appellate Rules, conduct alot of research and draft a concise Brief that directly addresses the legal error of the Trial Court.

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