Legal malpractice or unethical behavior

[songboat]

What is the name of your state? Iowa
Iowa
Is it the responsibility of the attorney to notify the client when there are grounds to file an appeal? Would legal malpractice exist if an attorney agreed he was aware that there were grounds for appeal but never addressed the subject until the client brought the subject to his attention 7 days before the time limit to file as appeal?
If an attorney agrees to take a case pro bono because he is aware of the clients financial hardship and the case was dismissed but there are grounds for appeal would it be unethical to request a large retainer to file the appeal. It seems unresonable to assume the client would have financial resources for the appeal if he did not have it for the original case.

 

[seniorjudge]

What is the name of your state? Iowa
Iowa
Is it the responsibility of the attorney to notify the client when there are grounds to file an appeal? Would legal malpractice exist if an attorney agreed he was aware that there were grounds for appeal but never addressed the subject until the client brought the subject to his attention 7 days before the time limit to file as appeal?
If an attorney agrees to take a case pro bono because he is aware of the clients financial hardship and the case was dismissed but there are grounds for appeal would it be unethical to request a large retainer to file the appeal. It seems unresonable to assume the client would have financial resources for the appeal if he did not have it for the original case.

What did your representation contract say about all your questions?

 

[songboat]

contract

There is no written agreement. I do have an email that states our agreement as to payment.

 

[garrula lingua]

Slavery ended in the United States.

Believe it or not, that means your attorney doesn't have to work for you, for free.

The Rules of Professional Conduct do advise that attys should work 50 hours a year, pro bono or reduced rate, for indigent/needy clients.
That doesn't mean it has to be you.

Go hire someone else or do it yourself (or pay).

Also, an atty can work on a limited basis & most will end representation upon judgment.
If incompetence of counsel is used for appeal, there is an obvious conflict.

Also, if you were advised of your appellate rights before time ran, you have no grounds for malpractice. In addition, you would have to prove you would have prevailed - you can't -- ergo, you have no damages.

 

[songboat]

legal malpractice

Thank you for the much needed emotional support as to the positive feedback on malpractice. Our agreement was not actually pro bono. We agreed to barter. He needed upholstry work on his vintage car, I needed an attorney. I did pay him cash for the filing fees in the amounts he requested. I do have an email from him supporting our agreement.
Should I also include in my complaint copies of the 2 out of court settlement offers? Another fact I want to mention is that I paid him to file the complaint in April. He never did file, I ended up being the respondent when the other party filed against me in Aug. I believe this was an important factor due to the fact that there is a close special relationship between the other party with both City and County officials. I would have had more confidance that the outcome was fair and unbias had the decision been decided by a jury. Correct me if I am mistaken but if I had been the plaintiff would I not have been able to request a jury trial. The reason I would have preferred a jury trial was becasue I am well aware of the special relationship the other party has with the County and City officials who would be involved with the court system. Where would I find documents or written laws to send along with my complaint supporting my allegations of unethical or malpractice.

 

[songboat]

would have won appeal

I had another attorney contact the court reporter. I new the judge had errored in the testimony of one witness that was crucial to his decision. He phoned me after the recorder called he back. He confirmed that I was correct. The testimony quoted by the judge was not what the witness stated in her testimony. Had he based his decision on the actual testimony there is no question that he would have ruled in my favor. I have requested transcripts of this witnesses testimony. I was told by the court recorder that she would not be able to get them to me before the end of Jan. The witness I am speaking of was the only witness for the other party. Whereas I had 8 experts that testified on my behalf. The judge did not recognize any other witness except the one whos testimony he was incorrect about.