Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: Judy L. Biermeier v. Katherine E. Campbell

Case No.: 2016AP1915

Officials: Lundsten, P.J., Sherman, and Blanchard, JJ

Focus: Ineffective Assistance of Counsel

Judy Biermeier appeals a summary judgment dismissing her complaint for legal malpractice against Attorney Katherine Campbell based on Campbell’s representation of Biermeier in a divorce action. As part of the property division, the circuit court assigned ownership of the marital house to Biermeier’s former husband, along with all debt associated with the marital house. Subsequently, the mortgage and accompanying note on the marital house went into default, and Biermeier was named in the resulting foreclosure action as sharing responsibility with the former husband for the amount due the mortgagee. In this action, Biermeier alleges that Campbell was negligent in not asking the circuit court to include in the judgment of divorce a requirement that the former husband obtain refinancing on the marital house that would have resulted in termination of Biermeier’s shared liability with her former husband on the mortgage. Biermeier alleges that she suffered damages as a result of Campbell failing to ask the court for a refinancing provision. We conclude that Biermeier has failed to submit evidence creating a genuine issue of material fact on causation and damages, and accordingly we affirm the circuit court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.