In a recent ruling by the Wisconsin Court of Appeals, Kathe Lake lost her appeal against Attorney Daniel Mei and his law firm in a legal malpractice case. Lake had hired Mei to help with a property dispute after her neighbors, the Mullins, cut branches from her trees to improve their view of Lake Michigan. She argued that Mei should have informed her about a law, WIS. STAT. § 895.446, which could have allowed her to seek higher damages. Lake believed that if Mei had pursued this claim, she could have received much more money, including the cost of replacing the trees and possible punitive damages. However, the court disagreed, saying that Mei made a reasonable decision not to use this law. Instead, Mei chose to pursue other claims that gave Lake a better chance of winning higher damages, especially in terms of punitive damages. The court also pointed out that, at the time, the law didn’t allow for the recovery of attorney’s fees, which supported Mei’s strategy. In the end, the court upheld the dismissal of Lake’s malpractice claims, agreeing that Mei had acted professionally and didn’t make any serious mistakes.
This case, decided on December 23, 2024, shows just how difficult it can be to win a legal malpractice lawsuit. The court’s decision emphasized that attorneys must make decisions based on what’s best for their client’s case. In this situation, Mei’s actions—especially his handling of the dispute over newly planted trees—were considered reasonable by the court. While Lake initially questioned Mei’s suggestion to remove the trees, the court agreed that it was a smart move considering the circumstances of the case. The court also pointed out that to win a malpractice claim, the client must prove that the lawyer’s actions directly caused harm, and Lake failed to show that in this case.
Attorneys in legal malpractice and fiduciary duty cases have many defenses that they can try to raise to avoid liability. It is important to have an attorney familiar with legal malpractice cases to assist.
If you have a legal malpractice case, contact Michael Haeberle at mhaeberle@pattersonlawfirm.com.