My appeal was dismissed because my attorney missed deadlines

Business 4 views 3 answers
I hired an attorney to appeal my case, when he ignored me and refused returning my phone calls. messages or answer my letters, I contacted the appellate court clerk, I was told my appeal has been dismissed because my attorney missed not one but several deadlines, he obviously screwed up my case. Because I had to act fast, I made some researches and filed a motion and succeeded in getting the appeal reinstated but no further extensions will be granted. It is essential to augment the record to include certain court rulings which the attorney failed to do. Since I can’t request extension, should I ask the court of appeal to order the superior court/Appellate Division to prepare and send the requested materials before the Opening Brief is due? Please do not tell me to hire an attorney, I already paid a large sum of money to my former counsel who still insists on ignoring me.

Attorney Answers

3
Jeffrey Lewis ·
The safest bet is to obtain the materials you need yourself from the superior court record, attach them to a motion to augment the record on appeal and file the motion to augment the record on appeal at the same time as your opening brief. The court of appeal will not normally direct the superior court to assist with this process. Good luck.
0 upvotes
Bryan Smith ·
I have never known the court to make such an order. You may be better off spending the day at the Superior Court records office and obtaining the copies yourself.
0 upvotes
Kevin Pate ·
Though you desire otherwise, the simple fact is that a bad decision on one counsel does not mean you should not find a way to secure counsel, particularly with hard deadlines approaching.
0 upvotes

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