Does a client have the right to expect that an attorney in an appeal case actually defend the issues on appeal? If so, what CA rule of professional conduct are we talking about and what CA and federal laws should be looked at?
Take a look at your fee agreement with your attorney. If you believe that he or she didn't represent you properly consistent with the agreement that you made with him/her, then I suggest that you consider fee arbitration. A neutral party will review what was done and what was charged and determineif it was fair and/or legal.
Imagine that you are a passenger in a taxi in a strange city. As the pasenger, you set the destination. However, you generally do not get to choose how to get to the destination.
If your dispute with the attorney is what information to include and what legal theories to use, you may not have much of a case against the attorney.
You have the option of reviewing your facts and options with another attorney to see if there are claims against your attorney.
