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Old 11-13-2004, 06:45 PM
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Join Date: Aug 2003
Location: Nevada
Posts: 11

Attorney Never Filed Appeal


What is the name of your state? Nevada

Is there any action that can be taken against an attorney I hired to file an appeal to a conviction- he said I didnt go to him in time for him to file- we had 30 days and I paid him 2500 on the 10th day after the sentence. He then charged me another 2500 "so he could take care of things" I have had no contact with him although I have phoned his office once a week for 6 months only to be blown off by his secretary. Is there anything I can do? Can I get a chance to file the appeal based on the attorneys negligence?
  #2  
Old 11-19-2004, 09:47 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
Some states do allow a delayed appeal based on attorney negligence. Moreover, you may be able to raise an innefective assistance of counsel claim as to the appeal and thus be able to get leave to file the appeal that way.

When did the conviction occur?

If this is like a year old conviction, I'd say you are out of luck, if you only recently were convicted, probably a different story.

You may want to file a complaint with the bar assocation/state supreme court against this guy also.
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