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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Effect of Malpractice Suit on Appeal

Your malpractice suit has no real effect on any appeal you make to a higher court for review. You won’t get more time to appeal, and you won’t get any special consideration. In civil cases, if an attorney commits malpractice at trial, you’re stuck with what he did for the purposes of the appeal. Unfortunately, you cannot get a new trial because of the malpractice. Worst of all, the appeals court will not accept an argument that you would have won the trial if it hadn’t been for the malpractice, so you should win on appeal. The only things a civil appeals court reviews are the mistakes made by the court in interpreting and applying the law, not the mistakes made by attorneys.
 
 
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