Menu
Cart 0

Hiring Good Lawyers

Posted by 15789465 on

I just read two appeals cases that cost the parties a whole boatload of unnecessary time and legal fees, all because their lawyers made technical mistakes that had nothing to do with who was right, and who was wrong, in the original dispute. One case was Lowery v. Boswell, 107 So.3d 212 (Ala. Civ. App. 2012). On July 8, 2010, Lowery filed an eviction suit against Boswell.  Lowery won. Boswell appealed. Lowery won again. Boswell appealed again. Over two years later, on September 21, 2012, the Alabama Court of Civil Appeals ruled the original appeal was not filed in time, which made the later appeal void.  None of the lawyers caught the mistake--the court had to point it out to them! The case should have been over two years earlier. The other case was Field v. Chandler, Alabama Court of Civil Appeals, #2120223, decided April 26, 2013.  Chandler was a postal carrier. He was attacked by a Rottweiler owned by Cain, who was a tenant of a landlord named Fielder. Chandler, of course, sued Fielder, claiming his injuries were the landlord's fault for allowing a dangerous dog on the premises. [Note--I'll have a future post on the subject of landlords and tenants with dangerous animals.] The jury found in favor of the landlord. BUT, the judge declared a mistrial for reasons unrelated to the merits of the case. There was a flurry of motions, and then an appeal. The court ruled that the appeal was filed too early, and was therefor void. All that wasted time and money, and everybody had to go back to the trial court and start all over with their motions! My point-make sure you hire a good lawyer when you have legal problems, make sure you have a good contract in case there are problems, don't be afraid to ask for proof of malpractice insurance, and stay involved in your legal issues instead of just turning it all over to the lawyers! If there is enough interest, I'll host a free webinar on how to find and hire good lawyers, and how to protect yourself if the lawyer doesn't know what he or she is doing.  Let me know if you are interested.    

Share this post



← Older Post Newer Post →


18 comments

  • as i understand the process, you can’t file an appeal to montgomery until a case is finally disposed unless you get special permissionn of the trial judge to appeal an interlocutory order that is central to the case – if there is a procedural error made by the trial court that will cause an inordinate amount of money and time to be spent, the aggrieved party can petition the court of appeals for an extraordinary writ to compel the trial court to correct its procedural error – i have noticed that most attorneys are either good trial lawyers or good appeal lawyers, but not both

    if you hold a webinar please point out the difference

    howie on
  • Sounds like a good subject…and the price is right. I’ve been taken advantage of by an attorney and didn’t know what to do.

    Chuck Robertson on
  • Thanks. I’ll add you to the list.

    Denise L. Evans on
  • Interested in webinar.

    Stephen Campbell on
  • Hi Howie, I can recommend William Justice in Columbiana (Shelby County, south of Birmingham), Jesse Evans in Birmingham, Will Hereford in Birmingham, Ladd Davis in Montgomery and Cliff Mendheim in Dothan. They all have excellent tax sale experience. I’m not sure about UCC, but that is fairly mundane stuff and I’m sure they have that knowledge also. You should ask. The seminar will not focus on particular specialties, because there are so many of them. It will focus on how to find the right person, not matter what your problem is.

    Denise L. Evans on

Leave a comment

Please note, comments must be approved before they are published.