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| Civil Litigation All matters concerning litigation, motions, subpoenas, testimony, appeals, general practice, etc. |
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#1 |
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Hi. I am forced & did file an appeal on my own. I am requesting very sound answers on how to explain the reason for the appeal from a lower court.
My attorney was to file a lawsuit, but he did not communicate with me well, then bailed out at the last minute, so statute of limitations was an issue. As he bailed, I asked if he even prepared the suit. He later sent me the lawsuit in an email attachment at 6:PM that day. It was 1.5 days (I was informed by him) before it needed to be filed in lower court. The next day I signed & sent it overnight mail 30 miles away to the court, it filed, & according to everyone at the time, it was still filed within the 90 day statute of limitations. I didn't find out however, until the first hearing was held, that the defense filed for a dismissal based on a 90-day statute of limitations not being met. I was never told this and even when the bad attorney sent me the lawsuit by email, he was late by two days--he had missed the filing statute by 2 days! 90 days is not the same as 3 months! I have until May 9 to file the content of the appeal & I don't know how to address how the defense attorney is filing for attorney fees to be paid by me when this was not my fault. The Bar has not been helpful. I can't find a lawyer who will help me...this is Oregon as usual. Help please. Thank you. |
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#2 |
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Junior Member
Last Online:
May 2nd, 2007 02:53 AM Join Date: May 2007
Posts: 1
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Bye the way, on the appeals matter by May 9, my name is Kim and my email address is info-first-rate@charter.net.
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#3 |
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You may want to ask a malpractice attorney to step in and force the former attorney to rectify this or face a malpractice lawsuit. You really should not try to proceed with all of this by yourself now.
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