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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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I lost a contract dispute. I represented myself because the

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I lost a contract dispute. I represented myself because the continuance I requested to obtain an attorney was denied. I hired an attorney to file an appeal. Notice to appeal was filed but the attorney failed to file the appeal. Do I have any recourse?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, when was the judgment issued against you, how long ago? Why did the attorney fail to file an appeal? How large of an award was obtained against you?
Customer: replied 3 years ago.

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.


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.

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