Appellate Malpractice — Missed Appeals and Post-Judgment Motions in Georgia
The end of a trial is not always the end of a case. Motions for new trial, motions to reconsider, and appeals can change outcomes — but they are governed by strict deadlines and demanding procedural requirements. When an attorney fails to preserve issues for appeal, misses the notice of appeal deadline, or bungles post-trial motion practice, the result can be a permanent loss of rights that would otherwise have been recoverable.
How Appellate Malpractice Occurs
- Missing the notice of appeal deadline — In Georgia, the deadline to file a notice of appeal is typically 30 days from entry of the final judgment. Missing this deadline is almost always fatal to the appeal.
- Failing to preserve issues at trial — If an attorney fails to timely object to errors at trial, those errors are waived and generally cannot be raised on appeal.
- Inadequate appellate briefing — Failing to raise all viable issues, failing to cite controlling authority, or abandoning issues that could have changed the result.
- Missing the deadline for a motion for new trial — In Georgia, a motion for new trial must typically be filed within 30 days of the verdict. Missing this deadline waives critical rights.
- Failure to advise on appeal rights — Particularly in criminal cases, failing to advise a client of the right to appeal and the deadline to do so.
Proving Appellate Malpractice
To prevail on an appellate malpractice claim, I must prove that the appeal (or post-trial motion) would have succeeded if competently handled — which means demonstrating that the trial court’s ruling was reversible error and that the appellate court would have granted relief. This requires deep familiarity with both trial practice and appellate law.