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Wisconsin Legal Malpractice Questions & Answers
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal
1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More 
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James L. Arrasmith
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answered on Jan 6, 2024
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answered on Jan 6, 2024
The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More
Q: Implications of client posing as lawyer during appeal process.
I'm concerned that a lawyer allowed his client to use his credentials, enabling the client to pose as a lawyer. This has come to light during an appeal process. I'm seeking advice on the implications of this conduct on the appeal. What should I be aware of or consider in this situation?
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
That’s a serious situation, and your concerns are valid. If a licensed attorney knowingly allowed a client to use their credentials to impersonate a lawyer, that could amount to both ethical misconduct and criminal behavior. Courts take unauthorized practice of law very seriously, especially when... View More
Q: Could waived arguments by my attorney at the Wisconsin Supreme Court be ineffective assistance of counsel?
In 2004, during my case (John Allen vs. State of Wisconsin), the Wisconsin Supreme Court ordered my public defender to argue two specific points before the court: the calling of witnesses, including Lynn Allen, and issues related to not receiving my motion of discovery. However, he failed to... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
Failing to raise issues the Supreme Court itself asked your lawyer to address can meet both prongs of an ineffective-assistance claim: deficient performance and prejudice from the waived arguments.
You’d start by filing a post-conviction motion under Wisconsin Statute § 974.06, arguing... View More
Q: Likelihood of appealing probation revocation with missing info?
I am facing probation revocation, which was approved today. However, my revocation packet lacks vital information about my schooling and work. I am having issues with my attorney, who has not been responsive. With the next status conference scheduled for May 27, what is the likelihood of... View More
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James L. Arrasmith
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answered on Jun 10, 2025
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answered on Jun 10, 2025
If important information about your schooling and employment was left out of your probation revocation packet, that could make a strong difference in challenging the decision. Courts are required to consider all relevant circumstances before revoking probation, especially positive progress like... View More
Q: Concern about delayed payment in malpractice suit and lawyer's actions
I filed a malpractice suit with a lawyer seven years ago, and another related interaction occurred a year and a half ago. The lawyer mentioned offering a personal loan due to the lengthy delay. I was informed that the person responsible for paying the first suit refuses to pay the penalty as... View More
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James L. Arrasmith
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answered on May 16, 2025
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answered on May 16, 2025
It sounds like you’re in a difficult situation, and it’s understandable to be concerned about the progress of your malpractice suit and how your lawyer is handling the case. If your lawyer has not been forthcoming with updates, or if you feel there is a lack of transparency, the first step is... View More
Q: Difficulty communicating with lawyer for two years. What to do?
I have been having difficulty communicating with my lawyer over the past two years regarding my legal matter. On Tuesday, my lawyer instructed me to call him back on Wednesday at 11:00 am, but he did not answer. When I called back, his office informed me he was in court and promised a return call,... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
If you're having ongoing difficulty communicating with your lawyer, it’s important to take a step back and assess your options. Start by documenting all your attempts to contact the lawyer, including dates, times, and the messages you left. This will provide a clear record of your efforts to... View More
Q: What is the statute of limitations for suing a lawyer for legal malpractice related to an erroneous contract in Wisconsin?
Four years ago, my wife suffered a financial loss of nearly a million dollars due to legal malpractice by her lawyer. He sent the wrong contract, which included a loophole that the other party exploited, instead of the second amended contract that would have protected her investment. The lawyer... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
In Wisconsin, the statute of limitations for suing a lawyer for legal malpractice is generally 6 years. This period starts from the date when the malpractice occurred or when you reasonably should have discovered it. In your wife’s case, the clock would typically start when the financial loss... View More
Q: Friend in jail for probation violation, seeks pro bono lawyer.
My friend is currently in jail for a probation violation. He didn't commit the alleged crime, but his court-appointed lawyer just followed the judge's instruction without considering his evidence. This is the second time in three weeks that he’s been incarcerated—the first time was... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
It sounds like your friend is in a difficult situation, and finding the right legal help is crucial. If your friend feels that his court-appointed lawyer is not representing his interests adequately, there are steps you can take to address this. One option is to request a new attorney, as... View More
Q: Seeking advice on handling improper representation in a 3-year-old possession case, rights violations, and venue change in Wisconsin.
In my three-year-old simple possession case, I feel improperly represented as my attorney hasn't shown me any evidence, and computer issues were cited as a reason. Despite this being my first appearance before the judge, he is pushing to quickly resolve the case. My requests for a change of... View More
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James L. Arrasmith
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answered on Mar 23, 2025
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answered on Mar 23, 2025
Your concerns about representation in your possession case highlight serious issues that deserve attention. When an attorney isn't showing you evidence or addressing your Fourth Amendment concerns about an unlawful search, this undermines your right to effective counsel. While judges often... View More
Q: A lawyer for the opposing side said he was gonna be the one to make the decision in my claim is that legal?
The insurance company CNA thought I was going to sue which I wasn’t what happened was the document they sent was for that and I said this is to sue you because it was for medical
Board review. I said that I wasn’t going to sue them and then their attorney ended up calling me and said... View More
Tim Akpinar
answered on Aug 17, 2024
answered on Aug 17, 2024
A Wisconsin attorney could advise best, but your question remains open for over a week. Some things aren't fully clear from the post - more detail might be helpful. But based on the brief facts, if CNA assigned defense counsel to your case, there's nothing wrong with them being the one to... View More
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Q: The deed to my grandparents land regarding his will was illegal transfers to the city of Appleton wis. "koehnke woods"
They didn't provide my mother with a power of attorney created false documents and proof is in some clippings from oshkosh
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James L. Arrasmith
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answered on Sep 11, 2023
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answered on Sep 11, 2023
I'm sorry to hear about your situation. To address potential illegal transfers or fraudulent actions in regard to a will or deed, it is advisable to seek out legal representation to assist in potentially rectifying this matter. They can help review the available evidence, including the... View More
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