– from Joshua I. in West Barton, WI

Question Details:

My wife and I went through a divorce. My attorney made a mistake and I am currently not receiving an adequate amount of child support and our marital estate was not divided evenly. I want to file a negligence claim against my old attorney. What must I prove?

Family Law Attorney Response:

Thank you for your question. Filing a claim of negligence against a divorce attorney requires a lot of work on your side, but it is possible.

The standard for negligence claims against attorneys in Wisconsin is seen in Helmbrecht v. St. Paul Ins. Co, 122 Wis.2d 94, 362 N.W.2d 118 (1985). It was established that in an action for negligence against an attorney, the client has the burden of proving the existence of the relation of attorney and client, the acts constituting the alleged negligence, that the negligence was the proximate cause of the injury, and the fact and extent of the alleged injury. The last element mentioned often involves the burden of showing that, but for the negligence of the attorney, the client would have been successful in the prosecution or defense of an action.

Give me a call so we can set up a consultation and figure out what the best next step to approach this would be.

Trisha Festerling, J.D.

Family Law Attorney

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