Can I sue my lawyer for malpractice in Wisconsin? | Sterling Law Offices, S.C. Can I sue my lawyer for malpractice in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Judy N. in Summit, WI

Question Details:

I recently divorced my husband. He is very successful, but I work as a part-time teacher. I was awarded custody of our three children, 50% of the marital property, and half of the money. However, I received no maintenance and very little child support. My attorney had advised me to enter into this stipulation. I didn't like it, but she said that it was very fair. I feel I was not represented adequately. Can I sue my attorney for the difference in what I should have received during my divorce?

Family Law Attorney Response:

I would need more information in order to give you a best case scenario, but I can provide you with some advice. Primarily, how much you received in child support is subjective. To you, what may be a small amount, may be a large amount to the court or to others. The decision may also have been based on the amount of money you both had. If it were 1 million dollars, $500,000 dollars in a cash settlement may have negated other benefits. If you received $10,000, you may have been entitled to maintenance. It really all depends on the specifics.

In the case of Helmbrecht v. St. Paul Ins. Co., 122 Wis. 2d 94, 362 N.W.2d 118 (1985), a woman had also filed suit against her attorney for legal malpractice. It was decided that the attorney did not properly account for her husband's income, and she was awarded $250,000 in damages. This case went to the supreme court, where the decision was upheld, in part.

My advice is to consult an experienced attorney on the matter. Make sure to provide them with all of the details from the case and all property and income records from your marriage.

Lawyer Jeff Hughes from Sterling Law Offices, S.C. Jeff Hughes, J.D.
Managing Partner
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