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Ask Maverick Your Own Question
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5715
Experience:  20 years of professional experience
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How do we file an appeal in the sate of georia regarding an

Customer Question

How do we file an appeal in the sate of georia regarding an adversary complaint case against a debtors in a chapter 7 case. My attorney assumed we would settled and was not prepared for trail.... he ask for my note!!! and failed to file documents and witness list so the Debtor was able to lie and we could not testify. I've sent a e-mail and called my attorney to express my concern and desire to appeal but he has not responded. The trial was this past Wed and I called all day today(Thursday).
Do I need to file a complaint against him and to who? Or do I need a new lawyer...or ask him to do it again.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.

If your attorney failed to file documents and a witness list resulting in your failure to be able to testify, then he may be guilty of malpractice. Normally appeals are for situations where the Judge has failed to foolow the law, not to correct situations where your attorney has been negligent.


Depending on the amount of your loss as a result of his negligence, you can do a couple of things:


1. Send him a demand letter asking for him or his malpractice insurance carrier to pay you for the loss;


2. Report him to the State Bar Grievance Committee;


3. Hire a malpractice lawyer who will typically charge 1/3 of what he recovers from your attorney for his negligence.



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