Protecting Clients Harmed by Missed or Mishandled Appeals
When a case ends with an unfavorable decision, clients often rely on their attorney to file an appeal. In New York, lawyers have a duty to advise clients about appellate rights and to file a timely appeal if instructed. When an attorney fails to appeal — or mishandles the appellate process — it can permanently deprive a client of justice. This may amount to legal malpractice.
At The C. Paul Law Firm P.C., we represent clients across [City] and New York who were harmed because their attorney failed to pursue an appeal. If your lawyer missed critical deadlines or failed to protect your appellate rights, we can help.
Call today for a free consultation: (212) 551-PAUL
What Does Failure to Appeal Mean?
Failure to appeal occurs when a lawyer:
- Misses the strict filing deadlines for appeals
- Fails to inform the client of their right to appeal
- Files an appeal incorrectly or incompletely
- Ignores client instructions to appeal
- Mishandles the appellate process, causing dismissal
Because appellate deadlines are so rigid, even small mistakes can result in permanent loss of rights.
Common Examples of Malpractice in Appeals
| Type of Failure | Example | Legal Impact |
| Missed Deadlines | Lawyer does not file within 30-day window | Appeal dismissed, rights lost |
| Failure to Inform | Client never told they could appeal | Client deprived of choice |
| Improper Filing | Incomplete or incorrect appeal paperwork | Case dismissed on technical grounds |
| Ignoring Instructions | Lawyer refuses to file appeal despite request | Client loses appellate review |
| Weak or Absent Argument | Lawyer files appeal without citing strong legal errors | Appeal denied |
Proving Malpractice for Failure to Appeal
To establish malpractice, clients must generally prove:
- Attorney-Client Relationship – You formally retained the attorney.
- Breach of Duty – The lawyer failed to advise or properly file the appeal.
- Causation – The failure deprived you of appellate review.
- Damages – You suffered financial or legal harm.
Damages for Victims of Failed Appeals
If your lawyer failed to appeal your case properly, you may be entitled to damages for:
- Loss of the appellate opportunity
- Value of claims or defenses that could have been preserved
- Financial harm caused by adverse judgments
- Legal fees wasted on negligent representation
- Emotional distress caused by loss of justice
Frequently Asked Questions
Is every failed appeal malpractice?
No. Malpractice occurs when the lawyer’s negligence — not the merits of the case — caused the appeal to fail.
What if I wasn’t told I could appeal?
Failure to inform clients of appellate rights is malpractice if it deprived you of the chance to appeal.
What if my lawyer filed late?
Missing appeal deadlines almost always results in dismissal and may justify a malpractice claim.
How long do I have to sue for malpractice in New York?
Generally 3 years from when the malpractice occurred or was discovered.
Serving [City] and the Greater New York Area
We represent clients harmed by failed appeals in [City], Manhattan, Queens, Brooklyn, the Bronx, and across New York.