QUESTION

If my lawyer redirected after the defense attorney tried to make me seem dishonest and my lawyer withheld evidence to prove me true when I had

Asked on Jun 17th, 2015 on Personal Injury - Wisconsin
More details to this question:
Just shown him 20 minutes earlier ... and I lost my case, is it better to call a mistrial or appeal to higher court? This has to do with injury to a 2 1/2 year old minor who cannot testify for herself. Is there a time limit for my daughter to go back know and try the case?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
It appears from your posting that you daughter was injured in some type of an accident and the case couldn't be settled and it proceeded to trial. Now, it appears, you are questioning your lawyer's performance in court, and/or their trial strategy. Your posting also doesn't indicate what the result was in court. I can only assume the case went to verdict and you obtained an adverse or bad result. That may or may not be the lawyer's fault, no matter what went on at trial. Going to a jury trial is taking a risk and leaving the fate of the case among 12 individuals who may or may not be sympathetic to what happened to your daughter. Your posting doesn't provide alot of information on what the nature of the case was or how she was injured. The only person who can declare a mistrial is the judge assigned to the case. You can't nor can your lawyer declare a mistrial. Your options at this point with your attorney are to file motions after verdict to try to have the verdict set aside (assuming the case went to verdict). The chances of overturning the jury's decision by the judge are probably not very good. The other option after that, is to file an appeal. That is something you would need to sit down and discuss with your lawyer to determine if there are legal grounds to appeal, not just the fact that you saw things go on at trial that you don't agree with, or that you may not be happy with your lawyer's performance in court. You should also make an appointment to sit down with the lawyer at their office and fairly and honestly discuss your concerns with your lawyer. If you are upset with what happened in court, you should discuss your concerns with your lawyer, without being accusatory or hostile towards the lawyer. Once you do that, the lawyer is going to become extremely defensive and probably refuse to talk to you anymore about the case. Another option you could consider would be to consult with another attorney and get a second opinion about your daughter's case and the result obtained in court.
Answered on Jun 19th, 2015 at 7:16 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

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