QUESTION
How do I know if an attorney is not handling my case correctly?
Asked on Apr 29th, 2016 on Legal Malpractice - Wisconsin
More details to this question:
My attorney doesn't know the specifics of my case, she has missed two ERD deadlines and blames me. She took my case with all facts upfront and then tells me I was termed for behavior and drop the ERD claim even though my behavior was recorded by the company because of retailiation. She is rude when emailing me. She is losing documents and she is treating me like I am stupid. She is mixing my case up with another girl fired at the same place. She is combining our cases. I passed up 5 weeks of severance and now she tells me to drop the case
1 ANSWER
4 Awards
If the lawyer handling your employment discriminiation case has blown any time deadlines on your case, she can blame you all she wants, but it is her responsibility. If you have been harmed in any way by her conduct or now your claim is barred, you have a legitimate legal malpractice case against her. If the deadlines are not either prejudicial to your case and/or do not block your right to proceed, I would look for another employment discrimination lawyer to take over the handlng of your case. Your new lawyer can make arrangements to obtain your file from the lawyer you are firing. You can also file a grievance with the Office of Lawyer Regulation in Madison, WI. There is an SCR rule dealing with "Competence" of the lawyer, and failing to file legal papers on time, under time deadlines is both arguably malpractice as well as an ethical violation.
Answered on Apr 30th, 2016 at 3:28 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com