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Old 10-02-2006, 06:41 PM
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Missed court appeal deadline

What is the name of your state? CA

Hello all.

My friend is currently dealing with DUI in another state and is fighting it. However, when his court date finally came he found out that his lawyer, whom he instructed to appeal to a higher court, had missed the appeal date. Does this constitute anything? Lawyer malpractice? Just curious. Thanks.
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Old 10-02-2006, 07:36 PM
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Location: Alabama
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Quote:
Originally Posted by undecided2776 View Post
What is the name of your state? CA

Hello all.

My friend is currently dealing with DUI in another state and is fighting it. However, when his court date finally came he found out that his lawyer, whom he instructed to appeal to a higher court, had missed the appeal date. Does this constitute anything? Lawyer malpractice? Just curious. Thanks.

Its malpractice if another lawyer in the area can testify that the standard of care was breached and if your friend can prove that he would have won had the case been appealed.
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