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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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