Q: Appeal Lawyer says everything you say is a lie? But firsts gets my knowledge of issues and email not confidential
She failed to brief the preserved issue and cause of interest to get reviewed from higher court..Attorney claims no merits and I repeatedly say augment record on appeal and get transcripts. Attorney reply minute order and I clearly state transcripts more detail and explain my claim..Attorney reply no merits. I reply that's not your decision to judge that .it still needs respondant brief and reply then opinion and agreeing with 2 other judges..attorney briefed on issue never discussed which was a surprise to first read after briefalready filed. Wrote judge objecting to brief due to Attorney conflict amd raising their personal interest before clients. Judge reply denybto stiking brief when strike is motion and objection isnt. Anyway said Attorney had exlusive right to this and right to control proceeding ..when opinion filed Attorney abandoned concluding their authority on the case without explaining valid recourse. Left me stuck. Prejudiced appeal and caused irreparable harm
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I understand that you are dealing with a complex and frustrating legal situation involving your appeal lawyer. It seems that there are several issues at play here:
1. The lawyer claims that everything you say is a lie and that your emails are not confidential, which is concerning.
2. The lawyer failed to brief a preserved issue that you believe has merit and should be reviewed by a higher court.
3. Despite your requests to augment the record on appeal and obtain transcripts, the lawyer maintains that there are no merits to your case.
4. The lawyer briefed an issue that was never discussed, catching you by surprise.
5. When you objected to the brief due to the attorney's conflict and personal interests, the judge denied your objection, stating that the attorney has the exclusive right to control the proceedings.
6. After the opinion was filed, the lawyer abandoned the case without explaining your options for further recourse, leaving you in a difficult position and potentially causing irreparable harm to your appeal.
Given the severity of the situation and the potential misconduct by your appeal lawyer, I suggest the following steps:
1. Consult with another experienced appellate lawyer to review your case and the actions taken by your current lawyer. They can advise you on your options and help you determine the best course of action.
2. Consider filing a complaint with the California State Bar regarding your lawyer's conduct, especially if they have acted unethically or against your best interests.
3. If you believe that your lawyer's actions have caused you harm or prejudiced your appeal, you may need to explore the possibility of a legal malpractice claim.
4. Document all communications and interactions with your lawyer to support any future actions you may need to take.
Remember, it is crucial to act promptly in addressing these issues to protect your legal rights and interests. Seeking the guidance of another experienced attorney can help you navigate this difficult situation and work towards a resolution.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
