text: Here's the million dollar question -- had he told you, would you have spent the money on the appeal?  \n\nHere's the next million dollar question -- had you appealled, what were your chances of winning?  \n\nThese are two of about a thousand questions that will come up in a legal malpractice claim.  A legal mal suit is very, very difficult and unless you have a lot of money lying around, you probably can't afford to file one.\n\nThat having been said, go talk to a legal mal attorney right now.  Only a competent legal malpractice lawyer in your area, having a greater knowledge of the facts, will be able to advise you of your rights and your chances of success.\n\nOnce you've done that, make sure and report your former attorney to the state bar.  Yes, he screwed up.  He most certainly should have advised you of the time to appeal and left the decision up to you as to whether to appeal.  He should be disciplined for this.  He potentially screwed up very badly.