QUESTION
Hi my name is Amy Moffitt. I would like to know if I can sue my bankcruptcy lawyer for mishandling my bankcruptcy
Asked on Aug 24th, 2017 on Legal Malpractice - Wisconsin
More details to this question:
We just got our bankcruptcy dismissed through the courts after payment in full and us taking the first bankcruptcy course it took our lawyer almost a year to file our papers. This resulted is us having to take the course again and me having to get the same paperwork for my lawyer several times. My lawyer had also said something about getting money back from the garnishment that were taken out of my husband's paycheck. When I called today to inquire about this I was told there would be an additional charge for this n there may be additional charges because my case was so complicated due to having to do those course over which never should have been necessary to begin with I was also told my lawyer is retiring. Can I sue him?
1 ANSWER
4 Awards
The answer to your question is yes, you have a right to sue your lawyer for professional legal malpractice, if in fact they screwed up your case. You may have a hard time finding a lawyer interested in suing them, given the limited damages of your case; the argument being, assuming the lawyer screwed up, how were you damaged financially? Can't the case be properly ref-filed and done? The statute of limitations for suing in Wisconsin is 6 years under contract from the date of the contract (occurrence). Failure to file within the 6 years, would forever bar your claim. You can also consider filing a grievance with the office of lawyer regulation (OLR).
Answered on Aug 25th, 2017 at 5:20 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com