I contacted the attorney weekly about the status of the appeal and was told that he was working on it. Then when the time had run out I was told he did not complete the appeal no reason was offered. I think he said later that he had a better way to resolve the issue. Judgement was in the amount of $40,000. This case involved the sale of restaurant equipment and furnishings, some of which the landlord stated belonged to him. This fact I did not know until after the lawsuit was heard by the judge. The seller also removed $10,000 worth of the furniture in the contract within 2 weeks of my taking possession. When I attempted to file a criminal complaint against the seller for the larceny I was told by the Commonwealth Attorney that it was a contract issue. I also attempted to file a complaint for fraud for the equipment & furnishings in the contract that did not belong to the seller. I was told that the landlord had to file the complaint even though he was not a party in the contract. The judgment against me was on April 12, 2012.
Anne,Thank you for your follow-up. Your options are somewhat limited at this time. In terms of the courts, you are beyond the appeal process as you typically have 30 days to file. But you aren't beyond filing suit directly against the attorney for legal malpractice.Since he failed to file and it arguably may end up costing you $40K, and there is no rational reason for why he failed to file, you may want to consider bringing this up to the county disciplinary committee where you can file a grievance over ethical violations. The next step after that point would be to seriously consider and pursue a malpractice suit for your losses in this instance.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).