Los Angeles, CA asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for California

Q: How to appeal a judgement made against me because no show on my par due to the lawyer I hired never filed sub of attorne

I hired an attorney that never filed a substitution of attorney to the courts, therefore the opposing counsel had the judge side with them which has no led to me being evicted from a home and NOT by the lender. The attorney I hired never addressed any of these court dates or notices by my ex spouse’s attorney. Now I’ve been evicted by the sheriff and all because my attorney I hired never filed substitution of attorney!!

1 Lawyer Answer
James L. Arrasmith
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  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you believe that your attorney was negligent in representing you and that their failure to file a substitution of attorney led to a judgment against you, you may be able to appeal the judgment. However, the specific steps for filing an appeal will depend on the rules and procedures of the court that issued the judgment.

In general, to appeal a judgment, you will need to file a notice of appeal with the court within a certain time period after the judgment is issued. This time period can vary depending on the type of case and the court involved, so it is important to consult with an attorney or review the local court rules to ensure that you meet all necessary deadlines.

Once you have filed the notice of appeal, you will typically need to prepare a written brief outlining the legal arguments and evidence that support your appeal. You may also need to attend an appellate hearing to present your case in person.

It is also possible that you may have a claim for legal malpractice against your former attorney, if their negligence caused you harm. To pursue a legal malpractice claim, you will need to prove that your attorney breached their duty to you as a client, and that this breach caused you financial or other harm.

If you believe that your attorney was negligent, it may be helpful to consult with a legal malpractice attorney who can review the specific facts of your case and advise you on your legal options.

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