Speak to a legal malpractice lawyer in your state. The lawyer’s negligence may have permanently ended your chance to appeal a ruling, but you could have grounds to file a legal malpractice lawsuit.
This claim would seek damages from the lawyer, in some cases, based on how much your appeal could have earned you.
What Is the Appeal Deadline in North Carolina?
For most civil rulings and some criminal verdicts, the deadline for an appeal is 30 days. The countdown starts on the day the court clerk enters the written judgment.
This may be new information to you, but it’s common knowledge for any licensed attorney. It would never take your attorney by surprise. It’s a critical date, because an appeal filed after the deadline would usually be rejected.
Potential exceptions would be as follows:
- If your lawyer had filed a motion in the case, resetting the deadline.
- If the client can convince the appellate court to accept a late filing because of “good cause.” Good cause would be a valid reason that was deemed legally sufficient.
- If there was “excusable neglect” in the failure to file. This might involve a lawyer getting sick or a clerical error.
A good North Carolina Legal Malpractice Lawyer might be able to help you find good cause or excusable neglect. However, courts are very strict on deadlines, and offering these valid reasons isn’t always enough to get an appeal extension granted.
In many instances, clients who miss appeal deadlines have to accept the ruling in the first trial. Fortunately, they may still have the grounds for a strong legal malpractice case. Victims can work with a new lawyer and file a lawsuit against their former attorney.
How Can I Win a Lawsuit Against a Former Lawyer Who Missed an Appeal Deadline?
If you have become worried about your lawyer’s behavior and professionalism, it’s a good time to start (if you haven’t already) keeping detailed notes of your experience.
Write or type the dates and times of your meetings and phone calls. Keep accurate notes about what was discussed. Keep any billing receipts you’ve received from your attorney.
These documents will all help your next lawyer understand what happened and build a strong case.
Your lawyer would be collecting evidence to show that the lawyer didn’t act in the client’s best interest and that it harmed the client’s legal chances.
Your attorney should provide these benefits and more to help show the damage a lawyer had done to your case and the chance for an appeal:
- Fully investigates your original case, the court proceedings, and the days leading up to an appeal deadline.
- Hires expert witnesses in the legal field to go over the normal steps an attorney would have taken and the steps that your lawyer failed to take.
- Recreating the circumstances of your original claim and a theoretical appeal to show the potential reversal or counter-judgment you might have received had the appeal moved forward.
- Show the potential bias that the actions of an unprofessional lawyer may have created in the courtroom.
- Clearly explain the damage done to your life to a judge or jury.
Your lawyer will show the lost value of your case and hold your former lawyer fully responsible. The lawyer should be responsible for any fees you’ve paid to the law firm for less than competent representation. The money that might have been saved for the client, or awarded, if an appeal had been allowed, should also come from the lawyer who mishandled the case.
Will a Lawyer Represent Me Against Another Lawyer?
Yes. Melrose Law will represent you if you’ve been the victim of a lawyer’s negligence in North Carolina. Many law firms will not sue other lawyers out of loyalty to the profession.
However, at Melrose Law, we take the side of the victim. Lawyers are like anyone else; they can make mistakes, but they should also be willing to admit those mistakes and take financial responsibility.
We carry our own professional malpractice insurance. We pay the premiums to protect our clients. This same coverage applies to the clients of other lawyers. It’s where the victims of legal malpractice should be able to draw support from after a devastating loss in a case that was never given a chance. The insurance policy is not for the lawyer’s protection. It’s to restore the finances and the lives of those who unfairly lost their cases.
Of course, these cases are complex, and many lawyers will defend themselves. It’s why you want an experienced attorney on our side and protecting you as you seek justice.
Contact a North Carolina Legal Malpractice Attorney
Reach out to us for a free legal consultation on your unfair situation. We want to help you close the book on this difficult chapter of your life that was made even harder by a negligent attorney.
A North Carolina Legal Malpractice Lawyer can help you figure out if you have a case against your former attorney and determine what you might be able to win back. There’s no obligation, and this meeting is completely confidential. We represent clients in the Asheville area and across North Carolina.
You also don’t have to worry about the cost to hire another attorney after likely already paying one. Melrose Law works on a contingency basis. This means that we don’t get paid unless we win compensation from your former lawyer. Then, you still don’t have to worry about finding money to pay an attorney’s fee. Our fee is paid out of the money the law firm’s malpractice insurance provider must hand over to you.
