My attny failed to communicate to me that opposing counsel offered the opportunity to dismiss w/o costs. I lost SJ. I reported to the Lawyer Regulation in WI - the attny and director entered into a Diversion agreement, which is confidential...so I do not know what happened. I do know it was not dismissed. I filed in IL as well and am waiting for their response. I contacted 2 attnys to review my case. Both felt there were issues, but is a case within a case and too difulcult to pursue. Both agreed my attny failed in standard of care. What can I do to pursue the matter? Can I take him and his insurance carrier to small claims court for the costs I paid to the defendant; which my attny left me hanging and had to arrange pymt on my own with the defendants attny.
Your question is so confusing it is hard to respond. You are mixing apples and oranges. You cannot sue for malpractice in small claims. Additionally, you mentioned the state of Wisconsin. If that is where your loss, if any took place, you might have to go there for relief. Additionally, you already consulted 2 lawyers who declined to assist so it is unlikely you will be able to get much help online from a message board. Finally if an arrangement was made to you to pay the defendant (?????) then this is likely punitive costs. You would be better off to get a copy of the court file and determine what exactly happened, and then if yo still feel you need to do something, bring the documents to an attorney and discuss your issues with a live lawyer.
Actually, I believe that you could theoretically sue for malpractice in small clams court, since small claims merely designates that a relatively small amount is claimed. In order to win, however, you might have to hire a lawyer to review the facts and testify that your former lawyer breached a duty of care. If all that is really at stake is a claim to recover certain costs paid in a prior case, such as filing fees, and you would need to incur a fresh set of costs in order to prosecute such a claim, it does not seem like the best economic choice to double your loss by incurring costs of a new suit, for the possibility of being made whole for your former attorney's alleged mistake.
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