Wisconsin Civil Litigation Legal Questions

You would have a case if the person making the false statement either knew it was false when she made it, was reckless in saying it without caring whether it was true, or was negligent in not determining whether it was true before she said it.  In other words, even though this person made a false statement, it is not a slam dunk that you would win, and your actual damages, since your reputation was rescued and you still have your job, are minimal.  This type of case would probably be considered what is known as defamation per se, meaning that you would not have to prove actual damages to be awarded damages by a jury, but given that the person has apologized to you, my guess is that a jury would not be likely to award you a great deal.  Moreover, if you wanted to sue, you would have to make yourself available for scheduled depositions and court appearances, which could be difficult if you travel a lot on your job.  Rather than going through the hassle and expense of a lawsuit, you might be better off just asking for the manager to pay you for what you lost by  having to stop the trip and come back.  She might be willing to reimburse you voluntarily.... Read More

Under Wisconsin law, a non married person in a marriage like relationship who acquired property together during the relationship, can sue for equitable relief. The leading case in Wisconsin is Watts v Watts. She is not afforded the protection of the family code chapter 767, which means no alimony and no 50/50 presumption of the estate. The court has discretion to determine her equitable share. Title to the property is not outcome decisive and doesn’t resolve whether in fairness and equitable grounds you get to keep the house and she gets nothing out of it.... Read More

The lawyer doesn’t dictate when court dates are, the courts do. If you were unable to have come to court due to a serious medical issue, you should had contacted the court directly by notifying the court clerk of the reason you couldn’t make the court date and requested to have appeared by telephone or have  requested an adjournment of the hearing. So, in my opinion you have no legal cause to sue your ex’s family lawyer. I certainly understand why you were upset.... Read More

In Wisconsin, you can sue for equitable property division. You are not afforded the protection under chapter 767 (family code) which means that you aren’t entitled to maintenance (alimony) and there is no presumption of equal property division. However, you are in a long term relationship and presumably have acquired property or a home together and for that, you can sue in civil court for equitable property rights.... Read More

Medical malpractice cases in Wisconsin are exceedingly difficult to pursue and win. Most lawyers shy away from handling these cases anymore for a variety of reasons, including, but not limited to; (1) there are caps on non-economic damages in Wisconsin (2) 9/10 cases are lost at trial to a defense verdict for the doctor or hospital and (3) it can cost as much as $100,000 in expert fees and court costs to pursue such a case. Unless you have long term permanent damage and catastrophic injuries, you probably are not going to find any attorney willing to look into the case. I wrote a blog at our law firm's web site on the difficulties of pursuing medical malpractice cases in Wisconsin and the Milwaukee Journal Sentinel did an article about the difficulties as well about 1 to 2 years ago. If you feel you were wronged, you will need to obtain all of your medical records pertaining to the incident to have them reviewed by a malpractice lawyer. The statute of limitations is 3 years to sue from the date of the incident. Failure to file a lawsuit within three years from the occurrence, would forever bar your claim. This is under WI law.... Read More

Rather than a garnishment, I believe you are talking about an income assignment or marital income disbursement order. Child support orders and spousal support orders from a divorce or separation can be enforced by way of a wage assignment. You should be able to contact the family court division-clerk of courts in the county where your case is, and they will send you the form to complete.... Read More

You will need to show the amount of your loss in what you indicate was an error on the part of the tax preparer. Also to sue for professional malpractice, you will need an expert (accountant) who would be able to come to court and testify as to what the tax preparer did wrong, and how you were harmed as a result. Depending on the amount invovled, it may or may not pay to pursue a lawsuit.... Read More

I find your post and question confusing. I am not really sure what you are trying to say, or who you think you may have a civli clam against. Keep in mind that any claim against a municiaplity or governmental worker, requires that you provide 120 days written notice on that emplooyee and governmental entity from the date of the occurrrence, or otherwise, the claim would be barred under Wisconsin law. You don't give a time line for when this may have occurred.... Read More

If you sued someone and they failed to respond, now resulting in a default divorce judgment having been entered against that person, it is up to you to seek enforcement of the judgment. You don't indicate whether you had an attorney or not represent you in the lawsuit. Perhaps, you want to consider having an attorney assist you in tryingn to collect on the judgment. You can also check the Wisconsin Circuit court Access site to see if there is any other court activity for the person you sued, to determine if there is a more current address where that person may be residing at. Another option, depending on how much money is owed to you, is hiring a private investigator to track the person down. That can get to be quite expensive, however.... Read More

The petitioner (person requesting the restraining order) presents their case first. They get to testify. When they are done testifying, you as the respondent, have a right to cross examine the petitioner. When that is completed, the petitioner can present other evidence, such as witnesses, if there are any. Any other witnesses testifying also allows you the right to cross examine those witnesses. When petitioner rests, you are allowed to present your case. You certainly are allowed to take the witness stand and testify in your own defense, if you chose to do that, and are subject to cross examination by the petitioner. You can also present witnesses as well, depending on how much time the court has allocated for the hearing. The typical running time is 30-45 minutes, but thay may vary from county to county. At the conclusion of all the testimony, the court will make a decision on the request for the restraining order and if the order should be granted, the length of time the order remains in effect. Most of the time, expect the court will issue the maximum time allowed under the statute.... Read More

The answer to your question is no. It is barred, pursuant to s. 885.365(1), unless you were informed that the recording was being made, you consented expressly during the recording, and were informed that such recording could be used in court proceedings.  You would be best served by considering hiring a lawyer to help you.... Read More

The answer is no, if it is a civil court proceeding. Under Wis. Stat s. 885.365 (1) evidence obtained as the result of the recording a communication is "totally inadmissible" in civil cases, except when the party is informed that the converrsation is being recorded and that evidence from said recording may be in used in a court of law.... Read More

Wiscosin is a "one party" state for purposes of being able to record or wiretap. It is not necessarily illegal under s. 968.31 and 968.27. At the same time, pursuant to s. 885.365 (1), it cannot be used in a court room during a civil case. Such evidence is totally inadmissible. The only way it gets admitted is if the person is informed that they are being recorded, they give their consent and are informed that the recording may be able to be used in court proceedings. ... Read More

Under s. 968.31 and 968.27, it is not necessarily illegal for an individual who is a party to or has consent from a party of an in person or electronic communication to record and or disclose the content of said communication, unless the person is doing so for the purpose of committing a tortious or criminal act.  Under s. 885.365 (1), evidence obtained as the result of the recording a communication is "totally inadmissible" in civil cases, except where the party is informed that the conversation is being recorded and that evidence from said recording may be used in a court of law.... Read More

Some attorneys offer a free consultation. Attorneys that charge for an initial consultation will vary on the amount that they charge, depending on their experience and how busy they are. I would say in this area, (Milwaukee, WI), it would not be unusual to spend $200 to $300 an hour for the first consultation. What type of a case do you have?... Read More

In Wisconsin, at a harassment or domestic violence injunction hearing, testimony is presented by the parties and both of you are subject to cross examination by both of you or their attorneys. You can also bring witnesses, but the court has discretion to limit their testimony based on how much time is allocated  for the hearing. Exhibits may be presented as well, such as printed hard copies of threatening e mails or text messages sent, by example. Hire an attorney to help you.... Read More

Whether you have one lawyer or three lawyers, a lawyer cannot simply "abandon" a clien't case. If there is litigation involved, the lawyer would have been required to file a motion to withdraw from the case, which needs to be done, upon proper prior written notice to you and to seek court permisison to step out of the case. The attorney can do so, only if no harm comes to the client's case by stepping out. The rule is less clear when there is no litigation. It would still be my opinion however, that the lawyer should have provided advance written notice to you of their not being able to pursue the case any longer, whether the attorney was retiring or otherwise. While court permission would not be required to step out of the case, the lawyer owed you that duty. You should not have heard about it from the other lawyers, and can't really tell from your post, whether the attorney has caused harmed to your case by stepping out.  You don't indicate what type of case you were involved with, or why anyone would need three lawyers, instead of one good lawyer, but perhaps, that is a whole another issue. If you feel the lawyer did something unethical, file a grievance with the office of Lawyer Regulation (OLR) in Madison, WI, assuming this is a Wisconsin lawyer. ... Read More

It sounds like you are reading an abbreviated text from the Wisconsin circuit access site. I would assume that there is a legal document on file with the court where either she admitted personal service of  the initial divorce papers or by the affidavit of personal service by the process server.... Read More

No one can specifically answer your question on what "unwanted sex" means. I think the real key to your question is whether or not you forced your spouse, without their consent to have sex with you and which act or aggression may have resulted in your spouse receiving some type of physical injury. If you pinned your spouse down and held your hands against their wrist and forced them to have sex with you, that would be considered "unwanted sex."  The fact that it may have been a Saturday night and you had a bit too much to drink and wanted to have sex with your spouse, and they really didn't want to, but you begged and cajoled them until they finally gave in, may be "unwanted sex," but doesn't rise to the level of domestic violence suitable for the court to enter a domestic abuse violence restraining order.    ... Read More

Under Wisconsin law, a couple that have lived together but who are not married, are entitled to "equitable relief," by filing a civil lawsuit. You are not afforded the protection of equal property division under Chapter 767 (family law actions) and cannot collect spousal support (alimony). However, the court can consider the length of the relationship, and property acquired during the relationship along with the individual contributions made while you lived together. It would be best to talk to a an experienced family lawyer to determine what your rights might be, how long a lawsuit like this might take, and what the cost might be. ... Read More

The answer to your first question is yes. In order to practice law in Wisconsin, you must be licensed to practice law in Wisconsin. There are some exceptions, but I am not going to get into that here. Generally,t he answer is you need an attorney who is licensed to practice law in this state. On the second issue, you have a right to substitute the judge on the case, assuming you do so in the time frame prescribed in the Wiscosnin statute, and further, assuming you have made no apperances to date in front of that particular judge. I wrote a blog on this topic at our web site that you can read. ... Read More

You don't state whether anything was stolen from your room, so I assume that you suffered no damages from the hotel's negligence, in which case any lawsuit you bring is likely to be dismissied on the pleadings.  That being said, the hotel may still wish to avoid the ill feelings that the incident has caused, not to mention the bad publicity which it would garner if you made your experience known on yelp, facebook, etc., so it may be willing to compensate you in some way.... Read More