Legal Malpractice Legal Questions

Your attorney cannot simply "drop your case", if it is in litigation, without your consent- I believe what you're saying is that he dropped YOU as a client. That usually requires the consent of the court. What you've described could be legal malpractice if his actions or inaction ruined what would have otherwise been a great case.  I am curious about the result of the grievance proceeding- if the lawyer has his license suspended or receives a serious sanction or censure, that is a strong indicator of malpractice. Conversely, if the grievance committee determines he did nothing wrong, you likely have no malpractice case. I'm also not sure how your lawyer could drop both of your cases if he settled one, as you indicate. Finally, it is a given that people who file grievances against their attorneys in the middle of their cases have already decided to retain a new lawyer. How could you expect a lawyer against whom you are filing grievances to continue to properly represent you, and why would you want him to?  ... Read More

Esssshhhhh.......thats the problem with Pro-se case handling, 99% of the litigant think they are the 1% that can actually do so effectively. At this phase you would probably need to retain a lawyer to review what all has transpired and likely have to pay out  of pocket for a retainer to get an actual review beyond "thanks - not interested, but I wish you luck."    ... Read More

If I had a dime for every time a court clerk asked me for a revision that was NEVER requested in any of my other cases.... It's foolish to argue with a court clerk, unless they mistakenly ask for something that's invasive for your client and not required under the statute. That's happened to me exactly once in over twenty years of practice. And yes, you CAN force your lawyer to do their job. Sometimes a nice polite letter from another lawyer (I guess your wrongful-death attorney hasn't had any luck) is all it takes.  Then there's always the option of a complaint to the attorney disciplinary committee. Getting preliminary letters when there's a wrongful death suit to be filed (I hope the statute of limitations,  which is two years from the time of death, hasn't run) is one of the few things in Surrogate's Court that should always be fast, unless someone in the family objects to the person being appointed. If that's not the case, there's no excuse for the delay. I've never had a problem getting letters fast, in any court, when the clerk knows there's a property to be sold or a wrongful death case to be filed. If all else fails, get another estate lawyer to step in- and ask the first one for a refund of the legal fees paid. ... Read More

I am not sure your question falls under legal malpractice as  much as it does under lawyer ethics. If you feel your lawyer charged an unreasonable fee for the services, you have the right to file a grievance with the office of lawyer regulation (OLR) in Madison. Before doing so, i would carefully review the agreement with the lawyer; it may have a binding arbitration provision in case of a fee dispute. I would also check every itemized billing statement they sent you to see if the $25,000 was explained in some justified way of what amount of work the lawyer did  in handling the title  conflict for you.... Read More

First, your Dad will need to retain a lawyer to review this. Second, it is clear that the transaction did not leave your father homeless though it may have left you or decendants homeless since once your father passes the property is fully owned by someone else. This is often done for finaicial reasons. What is equally clear is the explanation you provide "rented by a grandchild" makes zero sense if your father continued to live in the house and no grnadchild moved in. This needs an independent review to figure out what ACTUALLY occured and then what to do about it. ... Read More

At the outset, I need clarification. You mention trial, but then you complain that you have not seen your children for two years under the temporary orders. This does make a difference to you main question. Has the divorce been finalized? If so, when? The reason I am going there is to see if there might be an avenue to correct the wrongs before looking at malpractice. As to the potential malpractice, yes it sounds like you may have a case, depending on the exact facts and the damages you suffered. Those damages could include any attorney fees incurred in fixing the situation, if it can be fixed as I noted above. For general information on malpractice, please see http://www.hartwig-law.com/Legal-Malpractice.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
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There is nothing inherently wrong with a lawyer representing a family member.  However, the actions of your sister and father will be judged like anyone else.  Forging documents and getting incompetent people to sign documents is obviously wrong, and if you have proof, you can challenge them.... Read More

If you don't believe your current attorney is properly representing you, consider hiring your own private criminal defense attorney to complete your case and substitute the current public defender for your own private lawyer. Look for an experienced criminal defense attorney. You should also be aware that just because the public defender is recommending that you plead to a lesser charge, that doesn't necessarily mean they are not properly representing you or committing legal malpractice. You have to consider what may happen if you take the case to trial and should lose, and what you might be facing as a criminal conviction with monetary penalties and possible incarceration. Like any case, you have to weigh the benefits of settlement v taking the risk and going to trial.... Read More

These are serious allegations and you will need to be ready to prove them BEFORE you start the maelstrom that will ensue. There is no inherent "malpractice" nor claim for money damages simply from what you described though it may have ethical implications. YOu can file a bar complaint about the improper relationship and then go from there. ... Read More

Medical Malpractice cases are practically extinct in Wisconsin. I wrote a blog at our firm's web site on the difficulty of pursuing a medical malpractice case in this state, and the Milwaukee Journal-Sentinel likewise, did an excellent essay on it in 2015 that you can google and read. The reasons are many faceted. However, if you feel strongly, that you were  medically harmed, you will need to gather all of your hospital and medical records relevant to the treatment and have them reviewed by a malpractice lawyer of your choice. If the attorney feels you have a viable claim, they will hire or consult with an outside medical expert to determine if there is a case. The statute of limitations is 3 years in the state of Wisconsin to sue for medical malpractice. Failure to file a lawsuit within 3 years from the date of the occurrence, will forever bar your claim.... Read More

You labeled your post as "Legal malpractice." The problem with your wife though is a medical (dental) malpractice issue. These cases are exceedingly difficult to pursue and win. I wrote a blog at our law firm's web site on the difficulty of suing for medical malpractice in the state of Wisconsin. The Milwaukee Journal-Sentinel did an article about it last year as well. While dental cases may not be quite as difficult or complex as medical cases, they are still very dificult. Here is what I suggest for  your wife; she needs to obtain all of her recent dental records and x rays from the current dentist. Once she receives those records, going back to March 2015, make an appointment with a malpractice lawyer of your choice who can hire a consultant (dentist) to review the records, to determine if there is a viable case. The statute of limitations in Wisconsin for medical malpractice (including dental cases) is three years from the date of the occurrence. Failure to file a lawsuit within 3 years, would forever bar the claim.... Read More

Its not that lawyers are not fond of paperwork - but simply that like any other business we have no desire to spend tens or hundreds of hours of uncompensated time to see IF a case exists let alone devoted to an actually viable claim. The starting point for a medical malpractice issue will be for you to  insist on an autopsy, then gather ALL of the medical records and then consult with a lawyer to secure a proper medical record review to examine your concerns and determine if some medical negligence occurred. Any potential legal claim will revolve around those findings. ... Read More

You should start by making sure you have all your essential papers in order; (a) marital settlement agreement, if the case was settled; (b) findings of fact, conclusions of law and judgment of divorce (divorce decree) (c) court transcript from your final court hearing (d) your financial disclosure statement (e) your ex spouse's financial disclosure statement (f) any property division spread sheets that were preapred for the divorce by the attorneys (g) any child support or spousal support calculation worksheets prepared by the attorneys. That would be a starting point on what any attorney might need to initially review your file to determine if an error was made and if so, how substantive in nature it may have affected you. If there was any type of a viable case, at some point, the attorney would want to review the entire file from your former lawyer. If you haven't already requested it, you should probably do that as well. I know I have not specifically answered your question. You can look for a malpractice lawyer by finding a lawyer in your area on AVVO, Lawyers.com, Super Lawyers, Best Lawyers in America and any other number of professional listings for lawyers. The statute of limitations for legal malpractice in Wisconsin is generallly 6 years under contract. Faillure to file a lawsuit within 6 years from the date of the  occurrence, will otherwise forever bar your clam.... Read More

Unfortunately, dental malpractice is not a big money maker, so many attorneys will not do it.  Get everything fixed by someone else.  You can sue for any additional cost to you.  If there is any permanent damage, like nerve damage, etc., then you have something beyond a small claims matter.... Read More

You can't pick a fight and they cry because you don't want to get hit back. Its obvious there is some conroversy with prior lawyer but you will have to choose between taking your chances with some form of settlement agreement or keeping your right to sue and file complaints and taking your chances. ... Read More