Questions + Answers About

Legal Malpractice

How long do I have to file a claim in a legal malpractice case?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your legal malpractice case, so we recommend you pursue your case immediately.
See More

Is it legal malpractice if I lost my case?

Losing a case does not prove legal malpractice. Your attorney can do everything right, and you can still lose your case. Even if your attorney made mistakes, that is not enough to demonstrate malpractice. You have to prove that your lawyer did not use the same level of skill and care that other lawyers would have used in the same situation, therefore breaching their duty through negligence, incompetence or fraud.
See More

Who can file a legal malpractice case?

In Wisconsin, the impacted party or the spouse, domestic partner, child, parent or guardian of the impacted party may bring a legal malpractice case.
See More

How should I document my concerns in a legal malpractice case?

You may bring a legal malpractice suit if your attorney's conduct was negligent, in breach of a contract or violated the American Bar Association's Rules of Professional Conduct.

To show negligence you need to prove:
1. Your lawyer had a duty to represent you competently
2. Your lawyer made a mistake or otherwise acted in a way that breached their duty to you
3. Their actions caused harm to you and you lost money or a case as a result

Collect as much information possible to establish these facts. Court records, case files, emails, letters, voicemails and video related to the legal issues in question will help prove your case.
See More

Who is liable for legal malpractice?

Because legal malpractice is a claim of professional negligence, generally only attorneys are liable for legal malpractice. Attorneys may sometimes be held liable as a result of the errors made by paralegals or or support staff working under them, but these employees are not liable themselves.
See More

Still need an answer? Ask us.

If we haven't yet answered your question, feel free to send us a message and we'll do our best to get back to you with an answer.