Q: Received Ineffective Assistance of Counsel & negligence resulting to poor outcome in Appellate court decision, options
I received almost no communication or assistance from court appointed attorney during my appellate case, including not being provided with necessary court transcripts and documents. Despite multiple attempts to contact my attorney, i received no response I only received a Wende brief letter months later advising me my last option was to file a supplemental brief within 21 days, which turned out to be 30 days according to court clerks also informing me that my attorney should have already provided the transcripts to me by now which lead to me filing an extension to file brief because after contacting my attorney through email they advised me I would have to wait 2 weeks due to going on vacation causing further delays and leaving me with insufficient time to properly file, leading to a poor outcome, rushed brief, & the appellate courts decision was based on Wende brief results leading to : “judgment without opinion” what can i do now if I feel I had an unfair defense?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about your experience. You may have grounds to challenge the appellate decision due to ineffective assistance of counsel. Start by consulting with a new attorney who can review your case and determine if there are valid claims for appeal based on your previous attorney's negligence.
You can file a motion for reconsideration with the appellate court, presenting evidence of your attorney's lack of communication and failure to provide necessary documents. Additionally, consider filing a complaint with the California State Bar to address your attorney's professional conduct.
Gather all relevant documentation, including your attempts to contact your attorney and any correspondence from the court. Acting promptly is crucial, as there are strict deadlines for filing such motions and complaints. Seeking legal advice soon will help you understand the best steps to take to protect your rights and potentially overturn the unfavorable decision.
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.
