Legal Question in Legal Malpractice in Wisconsin

Legal Malpractice Recourse?

My father died while receiving care from a hired caregiver / nurse. Toxicology test were taken and it was determined my father died of a drug overdose (drugs not prescribed by my fathers doctors). Additionally, 2 days prior to my father�s death his will was changed to include the nurse as an heir and also named the nurse as Personal Representative w/o bond. The new will was drawn up by an attorney friend of the nurse (did not use my father�s normal attorney), as well as, the nurse�s two roommates were witness to the signing. Due to the very strange circumstances surrounding my father�s death I immediately obtained an attorney after my father�s death and approximately one year later the local DA requested a �closed� coroner�s inquest and subpoenaed the nurse and the two roommates. My attorney is contesting the will based on undue influence and the slayers statute. The case is about to go to trial under the slayers statute, but I am now told by my attorney that he can no longer represent me due to conflict of interest because one of the roommates hired another attorney from his law firm to represent them during the inquest. If I loose the case or the judge dismisses, do I have any legal malpractice recourse?


Asked on 6/21/08, 6:11 pm

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: Legal Malpractice Recourse?

Is this a case filed in Iowa? I know Iowa law not Wisconsin law so without knowing the lawsuit venue I can't really offer you advice about legal malpractice or who to go to and avoid a trial loss.

But we don't have to go there yet. When is the case set for trial? Is there enough time to hire another attorney who can try the case? If you can win the case then your legal problem is avoided. Focus on getting a trial lawyer onboard.

Clear? Look me up on my website and we can talk confidentially. This forum is not confidential. Steve

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Answered on 6/21/08, 10:13 pm


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