Legal Question in Civil Rights Law in Wisconsin

Legal Malpractice & Deprivation of Civil Rights

my attorney withdrew during criminal case sentencing based on Alford plea to obstruct right to appeal. then proceeded without rights of representation posing as my counsel to file appeal notice. state lawyers board found cause against my attorney, discipline is not finalized. there were 2 criminal charges, one case went to trial and i won. alford plea is defective, lawyers board obtained transcripts and noted the plea questionnaire wasn't even the right form. my attorney wanted to push my case to appeal rather than argue for reversal of the alford plea. i won the second criminal case because it was found my attorney in breach of attorney-client gave documents that had been altered to da. cause against the attorney was found dec 05, my appeal filed mar 05 still doesn't have decision, discipline of atty is not final. can i sue for deprivation of civil rights for my attorney violating state law, court rules and federal law for depriving me of right of appeal. attorney is member of state lawyer regulation system and he/she concealed evidence about misconduct of other attorneys including one that lied in my bankruptcy case. what are my statue of limitations? did they expire? case is from wisconsin but i now live in indiana


Asked on 4/17/07, 9:16 am

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Legal Malpractice & Deprivation of Civil Rights

You need to talk to a Wisconsin attorney as Wisconsin state law will apply. As for a federal civil rights suit, it is dead on arrival if the attorney was a private attorney. And also has a quit death if the attorney was a public defender. Civil rights law applies only to government action. While a public defender gets paid by the state, a public defender is not employed by the government nor does the PD represent the government. You may have a malpractice claim and for that you need to talk to a Wisconsin attorney.

Read more
Answered on 4/17/07, 9:54 am


Related Questions & Answers

More Civil Rights Law questions and answers in Wisconsin