As an experienced Bucks County Legal Malpractice Lawyer, I often get questions from clients who feel that they were misrepresented by their previous attorney and want to know if they are required to appeal the decision. All litigants in all negligence claims, be it a car accident or legal malpractice are required by the law to mitigate their damages. What does that mean? It means if you fall down and injure yourself in an accident, you need to seek medical attention to try to re-mediate your injuries. If you have a roof that collapses, you need to try to repair the roof. You can’t just let the weather come in for over a year and destroy the rest of your house. You have to try to mitigate your damages. A lot of times what that means in the context of a legal malpractice claim is you need to try to appeal the lost trial case if there is merit to that appeal; merit being the operative word. You’re not required to try to go to the ends of the earth to try to mitigate your attorney’s screw-up by trying to get the claim overturned on appeal. If there’s merit to it, you’re going to have to appeal it. If there’s not merit, you’re not required to do that. If there is merit to the appeal, it’s an overarching premise that the easiest way to get money in your pocket is the quickest way to get money in your pocket. If that means just appealing the underlying decision and being victorious, that’s going to get you money quicker than hiring an attorney to pursue a malpractice case. The answer to the question is no. You are not required necessarily to appeal your case.
Are you concerned that your attorney may have committed legal malpractice and are unsure if you have to appeal your loss in court prior to suing? Contact our experienced Bucks County Legal Malpractice Attorney for dedicated representation.