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  1. #1
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    Jun 2019
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    ARIZONA
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    Default Inadequate Defense

    My question involves court procedures for the state of: Arizona

    Does civil court allow appeal based on inadequate defense?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,421

    Default Re: Inadequate Defense

    Inadequate defense isn't a basis for appeal of anything. Perhaps you meant inadequate assistance of counsel? That only comes into play in criminal matters and even then it's not the easiest appeal. In most civil matters, there's no right to counsel other than in certain "basic human needs" type cases.

  3. #3

    Default Re: Inadequate Defense

    If what you are asking is whether you can appeal a judgment against you in a civil case on the basis that your lawyer didn't do a good job defending you, then, in general, the answer is 'no.' Criminal cases, in which you have a right to effective assistance of a lawyer, can be appealed on that basis, but not civil.

    Depending on what the lawyer did or didn't do in the course of defending your civil case, it is possible that you might have a claim for legal malpractice against the lawyer.

  4. #4
    Join Date
    Jun 2019
    Location
    ARIZONA
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    Default Re: Inadequate Defense

    Yes, I meant inadequate assistance of counsel. The attorney did not ask any questions at all, even though she knew the other side was lying, and I had given her the info that proved it. Isn't that a legal error, which should allow for appeal?

  5. #5
    Join Date
    Oct 2014
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    7,611

    Default Re: Inadequate Defense

    Quote Quoting bojekki
    View Post
    My question involves court procedures for the state of: Arizona

    Does civil court allow appeal based on inadequate defense?
    In a civil case you cannot appeal based on inadequate counsel because the Constitution does not guarantee parties in a civil suit a competent lawyer. But if the lawyer is not competent then the client may sue the lawyer for malpractice. If the party was pro se and not competent then he or she is out of luck.

  6. #6
    Join Date
    Mar 2013
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    17,474

    Default Re: Inadequate Defense

    Quote Quoting bojekki
    View Post
    Yes, I meant inadequate assistance of counsel. The attorney did not ask any questions at all, even though she knew the other side was lying, and I had given her the info that proved it. Isn't that a legal error, which should allow for appeal?
    No. Only errors made by the judge are grounds for appeal in a civil case.

    How about providing some details.

    What was the case about?
    Who sued who and for what?
    What lies did the other side tell?
    What proof did you have that the other side lied?
    Did you testify and present that proof to the court?
    After the case was over, what did your lawyer say when you asked her why she didn't pursue the lies?

  7. #7
    Join Date
    Jun 2019
    Location
    ARIZONA
    Posts
    8

    Default Re: Inadequate Defense

    Thanks for the feedback everybody. I am not surprised by the answers. The USA judicial system has become a sadistic black hole that sucks in the citizens already suffering the most.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Inadequate Defense

    It isnít the system from which your issue stems. It is due to the lawyer you chose to represent you. That is why the others are telling you that if there is any recourse to be had, it would be against your lawyer. The court and the system itself didnít fail you.

  9. #9
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: Inadequate Defense

    Quote Quoting bojekki
    View Post
    Does civil court allow appeal based on inadequate defense?
    No. Ineffective assistance of counsel is a basis for appeal in criminal cases but not in civil cases. In civil cases, your remedy would be a malpractice suit against your lawyer.

    Quote Quoting bojekki
    View Post
    The USA judicial system has become a sadistic black hole that sucks in the citizens already suffering the most.
    As concerns the issue you raised, the "USA judicial system" has not changed at all over the past 240+ years (which includes the entirety of Arizona's existence).

  10. #10
    Join Date
    Oct 2014
    Posts
    7,611

    Default Re: Inadequate Defense

    Quote Quoting bojekki
    View Post
    The USA judicial system has become a sadistic black hole that sucks in the citizens already suffering the most.
    The rule regarding competent counsel in civil suits has remained the same for the entire history of the country. Moreover, it is a rule used by every other nation I'm familiar with, too. There is hardly anything unfair about it. And in the U.S. you do have recourse in suing your lawyer for malpractice. You may not realize this but the U.S. civil litigation system is about the most robust and fair you'll find in the world. The main downfall with it is some complexity and of course the cost of it.

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