Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Wisconsin

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7th Cir. No harm, no malpractice, even if the underlying settlement is “coerced”.

Posted in Damages, Defenses, Federal, Labor & Employent, Litigation, Torts/Personal Injury, Wisconsin
McKnight v. Dean, 270 F. 3d 513 Underlying legal malpractice action Student Contributor: Clem Durham Facts: A dispute then arose between McKnight and Gingras, the lawyer who had handled the case in the district court, concerning attorneys’ fees. This dispute led Gingras to sue McKnight in a Wisconsin state court. One of McKnight’s defenses in… Continue Reading

WI: Expert Testimony Needed to Prove a Breach of Duty of Care

Posted in Criminal Law, Expert Witnesses, Wisconsin
Pierce v. Colwell, 563 N.W.2d 166 (Wis. Ct. Apps. 1997) WI: Underlying criminal matter Student Contributor: Jeff Cain Facts: Client was charged with ten counts of sexual assault. He was represented by another lawyer during the arraignment and the jury trial, which found him guilty. Lawyer Colwell represented him during the sentencing, in which he… Continue Reading

WI: Lawyer does not have unrestricted access to medical information

Posted in Torts/Personal Injury, Wisconsin
Seltrecht v. Bremer, 536 N.W.2d 727 (Wis. Ct. Apps. 1995) WI: Underlying Medical Malpractice Student Contributor: Jeff Cain Facts: Patient was prescribed an anti-nausea medication during pregnancy. After baby was born with birth defects, patient retains an attorney. Attorney mistakenly claims that the statute of limitations has ran out on their claim against the doctor.… Continue Reading

WI: Payment Under Legal Mal Policy “Triggers” Under Insured Coverage

Posted in Wisconsin
Degenhardt-Wallace v. Hoskins, Kalnins, McNamara & Day 689 N.W.2d 911 (Wis. App. 2004) WI: Underlying insurance suit: How to contstrue policy language Student Contributor: Jeff Cain Facts: Client is involved in a car accident, and retains lawyer. The defendant  driver in the  other car  has a bodily injury liability limit of $50,000. Client’s policy had… Continue Reading

WI: Appeal of Frivolous Malpractice Suit is not Necessarily Frivolous

Posted in Torts/Personal Injury, Wisconsin
Morters v. Aiken & Scoptur, S.C., 712 N.W.2d 71 (Wis. App. 2006) WI: Underlying personal injury suit Student Contributor: Jeffrey Cain Facts: Morters retained Aiken & Scoptur to represent him in an personal injury case stemming from a car accident. Unsatisfied with their work, Mortens sued the firm for legal malpractice. The trial court dismissed… Continue Reading

Wisconsin: Public Policy Defense in Legal Malpractice

Posted in Wisconsin
Bolte v. Joy, 150 Wis.2d 744,443 N.W.2d 23(Ct. App. 1989) Wis. underlying insurance claim Student contributor: Cheryl Neuman Facts: Plaintiff owned a building that was destroyed by fire and retained defendant attorney to represent him in an action against his insurance company with respect to the fire. A jury found that plaintiff had set fire… Continue Reading
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