What is the name of your state? Arkansas. We employed an attorney for our son 5/01.He represented him in an appeal,which the conviction was affirmed.He then filed a post conviction relief.the problem he filed in 62 days after the appeal was affirmed.The trial court dismissed for failure to file a timely appeal.He managed to get the dismissal set aside as the time limit fell on a weekend.The trial court,then had aproblem because the post conviction appeal was 13 pages long,and the inmate {my son}did not sign it.As the time limit had expired for a request of more than 10 pages the trial judge refused a hearing.The appeal went to the Arkansas Supreme court-but they refused to look at the merits since the trial judge had made his position clear.The appeal was affirmed on 3/5/05.I learned all of this by going to the court house and on-line!!I have called,e-mailed,left messages for this attorney for a year and have NOT got any answer from him.I called and e-mailed when I learned this and he answered my e-mail.He has not got a reasonable explanation why he failed to notify me or my son of the ruling!Now,we fear that all possible options are out of reach due to "timely"limits.Is this not a legal malpractice suit in the making?
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ethical ??
- Thread starter Diann5055
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divgradcurl
Senior Member
It might be. Failing to meet deadlines and follow procedure certainly sounds like malpractice. Contact your state bar association for a referral to an attorney who practices this type of law -- they will be able to review all of the facts of your case and advise you accordingly.Diann5055 said:What is the name of your state? Arkansas. We employed an attorney for our son 5/01.He represented him in an appeal,which the conviction was affirmed.He then filed a post conviction relief.the problem he filed in 62 days after the appeal was affirmed.The trial court dismissed for failure to file a timely appeal.He managed to get the dismissal set aside as the time limit fell on a weekend.The trial court,then had aproblem because the post conviction appeal was 13 pages long,and the inmate {my son}did not sign it.As the time limit had expired for a request of more than 10 pages the trial judge refused a hearing.The appeal went to the Arkansas Supreme court-but they refused to look at the merits since the trial judge had made his position clear.The appeal was affirmed on 3/5/05.I learned all of this by going to the court house and on-line!!I have called,e-mailed,left messages for this attorney for a year and have NOT got any answer from him.I called and e-mailed when I learned this and he answered my e-mail.He has not got a reasonable explanation why he failed to notify me or my son of the ruling!Now,we fear that all possible options are out of reach due to "timely"limits.Is this not a legal malpractice suit in the making?
If you decide not to pursue a case, for whatever reason, you can still file a complaint about your attorney with your state's bar association, they will investigate and, if warranted, discipline the attorney. You can also file for a fee arbiration, if you have paid the attorney and not recevied value for your payment. Start with talking with another attorney, and then consider a complaint or a fee arbitration.
Bad attorney?
My state is Arkansas.Thanks for the information.The tip about the bar appears to be a good place to start.I have
already found that many attorneys in Arkansas are reluctant to sue another attorney.If all
legal appeals are unattainable{due to time limit expired}is the attorney liable since he failed to notify us of Supreme court ruling? This is my sons life,he has a 90 year sentence!
My state is Arkansas.Thanks for the information.The tip about the bar appears to be a good place to start.I have
already found that many attorneys in Arkansas are reluctant to sue another attorney.If all
legal appeals are unattainable{due to time limit expired}is the attorney liable since he failed to notify us of Supreme court ruling? This is my sons life,he has a 90 year sentence!
Litigation!
Senior Member
Diann5055 said:My state is Arkansas.
This is my sons life,he has a 90 year sentence!
My response:
What was the basis, or grounds, for the Appeal?
What was the conviction?
IAAL
Post conviction relief
Violation of the fifth,sixth and fourteenth amendment.Denial of effeffective assistance of trial counsel.Trial counsel failed to have the states primary witness declared an accomplice.
Allowing the states exhibit to be published to the jury in regard to priors.Failed to object to
erroneous jury instructions as to possible sentencing ranges and as to the parole eligibility.
The conviction is aggravated robbery and theft of property.
This conviction was affirmed by the Arkansas court of appeals-but many points were not considered because the trial attorney did not perserve for appeal.The attorney WAS a good attorney in his day.But,he was within monthes of retirement,a public offender.
Violation of the fifth,sixth and fourteenth amendment.Denial of effeffective assistance of trial counsel.Trial counsel failed to have the states primary witness declared an accomplice.
Allowing the states exhibit to be published to the jury in regard to priors.Failed to object to
erroneous jury instructions as to possible sentencing ranges and as to the parole eligibility.
The conviction is aggravated robbery and theft of property.
This conviction was affirmed by the Arkansas court of appeals-but many points were not considered because the trial attorney did not perserve for appeal.The attorney WAS a good attorney in his day.But,he was within monthes of retirement,a public offender.
Post conviction relief
Violation of the fifth,sixth and fourteenth amendment.Denial of effeffective assistance of trial counsel.Trial counsel failed to have the states primary witness declared an accomplice.
Allowing the states exhibit to be published to the jury in regard to priors.Failed to object to
erroneous jury instructions as to possible sentencing ranges and as to the parole eligibility.
The conviction is aggravated robbery and theft of property.
This conviction was affirmed by the Arkansas court of appeals-but many points were not considered because the trial attorney did not perserve for appeal.The attorney WAS a good attorney in his day.But,he was within monthes of retirement,a public defender.
Violation of the fifth,sixth and fourteenth amendment.Denial of effeffective assistance of trial counsel.Trial counsel failed to have the states primary witness declared an accomplice.
Allowing the states exhibit to be published to the jury in regard to priors.Failed to object to
erroneous jury instructions as to possible sentencing ranges and as to the parole eligibility.
The conviction is aggravated robbery and theft of property.
This conviction was affirmed by the Arkansas court of appeals-but many points were not considered because the trial attorney did not perserve for appeal.The attorney WAS a good attorney in his day.But,he was within monthes of retirement,a public defender.
divgradcurl
Senior Member
So, was the problem that the attorney failed to timely file an appeal, or that the attorney just failed to competantly represent the defendant?
If it's the former, see if you can get another lawyer to sue for malpractice. If your are trying to prove the latter, well, ineffective assistance of counsel is EXTREMELY difficult to prove -- basically, you have to prove that your son WOULD HAVE WON had the attorney performed competantly -- this is a very high standard to meet. But, by all means, talk to a lawyer who specializes in malpractice or professional competance cases, and see what he or she has to say about your case.
If it's the former, see if you can get another lawyer to sue for malpractice. If your are trying to prove the latter, well, ineffective assistance of counsel is EXTREMELY difficult to prove -- basically, you have to prove that your son WOULD HAVE WON had the attorney performed competantly -- this is a very high standard to meet. But, by all means, talk to a lawyer who specializes in malpractice or professional competance cases, and see what he or she has to say about your case.
Litigation!
Senior Member
divgradcurl said:So, was the problem that the attorney failed to timely file an appeal, or that the attorney just failed to competantly represent the defendant?
If it's the former, see if you can get another lawyer to sue for malpractice. If your are trying to prove the latter, well, ineffective assistance of counsel is EXTREMELY difficult to prove -- basically, you have to prove that your son WOULD HAVE WON had the attorney performed competantly -- this is a very high standard to meet. But, by all means, talk to a lawyer who specializes in malpractice or professional competance cases, and see what he or she has to say about your case.
My response:
Suing for malpractice isn't going to get her son released or a new trial, regardless of whether he wins or loses. The best he can hope for is that he'll be a rich "convict-lifer." As far as the latter is concerned, there's a little thing called "Stare Decisis."
IAAL
two attorneys-one trial and one appeal
He was represented by attorney {A}-county circuit court trial.He was found guilty and appealed to the Arkansas court of appeals.Attorney{B} reprsented him with appeal.The appeal was affirmed,so Attorney{B}filed a "rule#37-post conviction relief".Attorney{B}
did not file timely,included an excess of three pages in brief and did not have inmate sign .
Consequently,Arkansas Supreme court refused to look at the "rule#37"on merit.
He was represented by attorney {A}-county circuit court trial.He was found guilty and appealed to the Arkansas court of appeals.Attorney{B} reprsented him with appeal.The appeal was affirmed,so Attorney{B}filed a "rule#37-post conviction relief".Attorney{B}
did not file timely,included an excess of three pages in brief and did not have inmate sign .
Consequently,Arkansas Supreme court refused to look at the "rule#37"on merit.
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