Appeal a dismissal or start the case de novo

[RonNYC]

In California: I am trying to help an incarcerated friend of mine with a case. The case was dismissed on March 29. Due to mail delays etc., I am running out time, I think, to write an appeal and get it to him. I believe in California civil court the parties have 60 days to file an appeal. That will run out in a week. So my question is: since the dismissal was without prejudice (if that even applies) would it be better to start the case over again, or try to file the appeal. The case stems from a physical attack in December 2011.

I am a paralegal but am in New York.


Ron

 

[Zigner]

In California: I am trying to help an incarcerated friend of mine with a case. The case was dismissed on March 29. Due to mail delays etc., I am running out time, I think, to write an appeal and get it to him. I believe in California civil court the parties have 60 days to file an appeal. That will run out in a week. So my question is: since the dismissal was without prejudice (if that even applies) would it be better to start the case over again, or try to file the appeal. The case stems from a physical attack in December 2011.

I am a paralegal but am in New York.


Ron

As an attorney licensed to practice in CA, you should know the answer to these questions.

Oh, you're not an attorney? Then, as a paralegal, you should at least have a moderate understanding that what you are doing is likely UPL.

 

[Zigner]

Of course, in your other thread on the same matter, you were already TOLD that your friend needs an attorney:

https://forum.freeadvice.com/civil-litigation-46/failure-appear-594820.html

 

[tranquility]

In California: I am trying to help an incarcerated friend of mine with a case. The case was dismissed on March 29. Due to mail delays etc., I am running out time, I think, to write an appeal and get it to him. I believe in California civil court the parties have 60 days to file an appeal. That will run out in a week. So my question is: since the dismissal was without prejudice (if that even applies) would it be better to start the case over again, or try to file the appeal. The case stems from a physical attack in December 2011.

I am a paralegal but am in New York.


Ron

In California, that would be considered practicing law without a license. As would advising him on the correct strategy. Competent complaints are always accepted. Competent appeals, while accepted, still have to be judged.

 

[RonNYC]

He may need one but I've not been able to find one for him. I'm just helping him out; I am not representing him. So, no UPL.

 

[Silverplum]

He may need one but I've not been able to find one for him. I'm just helping him out; I am not representing him. So, no UPL.

Writing his appeal for him, as you wrote you were doing, is the very definition of UPL. Trying to file it: also UPL.

In California: I am trying to help an incarcerated friend of mine with a case. The case was dismissed on March 29. Due to mail delays etc., I am running out time, I think, to write an appeal and get it to him. I believe in California civil court the parties have 60 days to file an appeal. That will run out in a week. So my question is: since the dismissal was without prejudice (if that even applies) would it be better to start the case over again, or try to file the appeal. The case stems from a physical attack in December 2011.

I am a paralegal but am in New York.

 

[tranquility]

He may need one but I've not been able to find one for him. I'm just helping him out; I am not representing him. So, no UPL.

For a different opinion, see:
http://da.co.la.ca.us/pdf/UPLpublic.pdf

 

[RonNYC]

Writing his appeal for him, as you wrote you were doing, is the very definition of UPL. Trying to file it: also UPL.

Of course you could be right; I wouldn't know. However according to:

2. Definition of the Practice of Law
a. Case Law Definition of “Practice Law”
Successful UPL prosecution under section 6126 requires that the prosecutor prove the
defendant sought to “practice law," or advertised or held himself or herself out as entitled to
practice law. (§6126(a).) Neither the Business and Professions Code, nor any other California
statute, comprehensively defines the practice of law.


From UNAUTHORIZED PRACTICE OF LAW
MANUAL FOR PROSECUTORS
LOS ANGELES COUNTY
OFFICE OF THE DISTRICT ATTORNEY

and subsequent pages, it doesn't seem I'm doing any of this. Any more than a friend of his would help write an appeal or a complaint since he couldn't find an attorney. In fact, in prisons prisoners are paid to write appeals all the time. It's a cottage industry for them. I constantly remind this man that I am not an attorney and I cannot represent him in any way; nor do I take any money from him for this.

 

[Zigner]

Sorry - this forum is not designed to assist you in committing a crime (no matter how much you say you are not.)

 

[Zigner]

From the link you have apparently ignored:

Thus California today defines law practice as providing “legal advice and legal
instrument and contract preparation, whether or not these subjects were rendered in the course
of litigation.” Birbower, Montalban, Condo & Frank, P.C . v Superior Court., supra, at 128.
Providing legal advice or service is a violation of the State Bar Act if done by an unlicensed
person, even if the advice or service does not relate to any matter pending before a court.
(Mickel v. Murphy (1957) 147 Cal.App.2d 718, 721.)

 

[Sloop John D]

If a person filed an appeal on a case that was dismissed without prejudice and then they lost that appeal, wouldn't they still be able to refile the case?

 

[RonNYC]

Thanks. Much appreciate the advice. I have informed him accordingly.

Ron

 

[justalayman]

He may need one but I've not been able to find one for him. I'm just helping him out; I am not representing him. So, no UPL.

sorry but representing a party in court is only one way to practice law without a license.

I guess you knew that already though being a paralegal and all.

 

[justalayman]

In fact, in prisons prisoners are paid to write appeals all the time. It's a cottage industry for them.

is that what would be called irony? It's like; ya, what are they going to do to me, toss me in prison for breaking the law? Oh ya, the jokes on them because I'm already in prison.

 

[justalayman]

In California: I am trying to help an incarcerated friend of mine with a case. The case was dismissed on March 29. Due to mail delays etc., I am running out time, I think, to write an appeal and get it to him. I believe in California civil court the parties have 60 days to file an appeal. That will run out in a week. So my question is: since the dismissal was without prejudice (if that even applies) would it be better to start the case over again, or try to file the appeal. The case stems from a physical attack in December 2011.

I am a paralegal but am in New York.


Ron

the guy is in jail for a civil issue?