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Holding Fellow Lawyers
Accountable For Legal Malpractice

Trial Error Recovery And Appellate Legal Malpractice Attorneys

At Ney Rhein, LLC, we focus our practice solely on legal malpractice matters, meaning that we pursue lawsuits against fellow lawyers who engage in unethical practices. For Georgia residents victimized by conflicts of interest or abandonment, we provide personalized representation, identifying their specific needs and tailoring strategies to find resolution.

The Sorts Of Cases We Will Appeal

Specific cases in which an attorney’s negligence may best be resolved through the appeals process or other post-judgment procedures include:

Trial Error Recovery And The Appellate Standard

When you suffer an unfair loss in court because your trial lawyer made critical errors, your natural next step is to file an appeal to reverse that outcome. Unfortunately, attorney negligence during trial often ruins your chances of winning long before the appellate process even starts.

In the state, higher courts do not hold new trials or listen to new witnesses. Instead, they strictly review the written trial transcript to determine whether the trial judge made legal errors. They can only correct mistakes that your original trial attorney formally objected to on the record during the trial itself. This means if an incompetent attorney sits quietly while a judge allows improper evidence or gives wrong instructions to the jury, that silence forfeits your legal right to challenge those mistakes on appeal.

An attorney’s negligence becomes even more devastating when they commit procedural failures. The state has a strict 30-day deadline under O.C.G.A. § 5-6-38 to file an official notice of appeal after a judge enters a final judgment. When a careless lawyer lets that window pass, the appellate court loses its legal authority to hear your case. This misstep permanently locks in the trial verdict. Even if an attorney submits the initial paperwork on time, they can still destroy your appeal by writing defective briefs that fail to explain the trial errors properly.

When an attorney’s trial mistakes or procedural failures strip away your right to appeal, a legal malpractice lawsuit becomes your path to recover the financial losses you suffered. To determine whether your former lawyer committed malpractice, we will evaluate your claim using the “case-within-a-case” legal standard.

We perform forensic audits of trial transcripts and court records. Through this thorough review, we will rebuild your original case step by step to prove both that your previous lawyer made unacceptable errors and that your case would have a different outcome if your attorney was competent.

Appeals As An Option To Pursuing Legal Malpractice Claims

Appealing a case that has resulted in an unfavorable ruling or a fee award against a client as a result of attorney misconduct is sometimes an option. As part of our representation of clients who have been damaged by the negligence of their attorneys, we often explore whether there might be a solution by way of appeal or other post-judgment procedures.

Trying to remedy the damage done by a negligent attorney through the appellate process or other post-judgment procedures as opposed to pursuing a legal malpractice claim is not about letting an unethical lawyer get away with damaging your case. It may simply be a better option. Indeed, many times it is necessary to file appeals or otherwise exhaust a client’s other potential remedies before a claim for legal malpractice, such as breach fiduciary duty, can be brought.

Our attorneys understand the appeals process, and how to best use it to hold the negligent attorneys accountable for their malpractice and negligence. We will discuss your case with you. As part of our consultation, we will outline a strategy for success through any post-judgment matter.

Taking The Necessary Steps To Help You Recover Damages

Call Ney Rhein, LLC, to schedule a free initial consultation at our Atlanta-area law office: 404-963-9519. You can also reach us online. All consultations remain confidential.