Can your attorney, that you hired, after promising you, several times, in both telephone calls and emails, that he will appeal the case if the decision goes against you - after the decision comes out against you showing your attorney's several mistakes during the case were the reason you lost - refuse to appeal the decision after he repeatedly promised you he would?
There are several issues to appeal - this has been verified.
I contacted several other attorneys and asked them to appeal - but they all stated that they only take cases from the start and did not want to deal with all of the mistakes my previous attorney made and all declined.
So I lost the ability to appeal.
Now my former attorney is telling me that I am responsible for the loss of appeal - because I did not proceed pro se and appeal to the federal court of appeals myself.
Can he push the blame off on me because I did not file an appeal to the federal court of appeals myself because of all of his mistakes?
Your lawyer likely should have at least filed a Notice of Appeal to protect your rights. More information is needed.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
If you have the attorney saying he would take the appeal and that is in writing get him to the bar association at your earliest convenience.
Your attorney should have at least filed the Notice of Appeal, or help you get an extension of time to appeal. I don't know the New York rules, but in many states you can ask for an extension of time up to 15 days after the deadline has passed, so look into that if it is feasible, Otherwise you are left with a grievance to the bar association or a possible breach of fiduciary duty claim. (and maybe a malpractic claim, if the case really was lost due to his mistakes.)
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