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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I live in Virginia, I just completed a post divorce case in

Customer Question

I live in Virginia, I just completed a post divorce case in Wisconsin, where I had formally lived. I am in need of a lawyer that will start a legal malpractice case against the attorney that handled my case. I have heard it is difficult to find a lawyer in the same town that will sue another attorney. This case was held in Milwaukee, a large city. Where should I be focusing my efforts at with regard to attempting to find a lawyer to do this. Should it be in Milwaukee? If an attorney from another city in Wisconsin, say Madison...would he want to drive to Milwaukee for the case? Lastly, it is even feasable to locate a mal practice atty here in Virginia to handle a law suit against an attorney in Wisconsin. In summary, where should I be looking for representation that provide my best chances for success.
Submitted: 7 years ago.
Category: Legal
Expert:  Law Pro replied 7 years ago.

First, you should look for an attorney local to the area where the case will be tried - that's usually best because they have to go to court often on the matter.


Second, your best bet may be to file a complaint with the Disciplinary Board for the state and see what, if anything, they state about the matter. That although they may find that he didn't violate the Professional Rules of conduct - that does not preclude a malpractice case necessarily.


However, if the Disciplinary Board does make a finding that he did violate the Professional Rules of conduct - that will go far in a malpractice case against the attorney.


Realize that the attorney directs any and all legal matters before the court. That although you may have wanted them to perform certain discovery - it would be the attorney's ultimate decision in the matter to send requests for discovery - and what type of discovery to send.


That if they attorney was unprepared for the case or didn't correctly notify you that your case would be adjourned or postponed - that certainly may be malpractice and maybe even a violation of the Professional Rules of Conduct on their part.


So, my advice to you would be to file a complaint with the Disciplinary Board first. You have two years within which to file a legal malpractice case. Then continue to look for local counsel to take on the case.