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Texas. I had jury charge that went 100 percent my favor..

Customer Question
Texas Lawyer's Assistant: What...

Texas

Lawyer's Assistant: What steps have been taken so far?

I had jury charge that went 100 percent my favor.. but the judge overturned it and granted new trial.. every attorney I talked to said this should have not been done.. I hired attorney and he is taking too long to file the mandamus. I worried about the laches rule now... if I fire him and finish it myself and offer explaination thatmy attorney sat on this while I was bugging him constantly to get it done... so I fired him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I hope that is good defense in explaining why it is taing too long

Submitted: 4 months ago.Category: Legal
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3/19/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,922
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You had to file an appeal on the judgment within the 30 days specified in the rules. Your attorney failing to file in time is not good cause to file out of time, it is good cause to sue your attorney for legal malpractice for any damage him not filing in time caused you. So, if your attorney did not file an appeal in a timely manner and has now been delaying filing and it causes you to lose your right to appeal the judgment, then that is legal malpractice and grounds to sue the attorney for damages he caused.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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).

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