Legal Malpractice – Actual Innocence Rule

By: Derek Hawkins//June 24, 2019//

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WI Court of Appeals – District I

Case Name: David Skindzelewski v. Joseph Smith, Jr.

Case No.: 2018AP623

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Legal Malpractice – Actual Innocence Rule

David Skindzelewski appeals from an order of the circuit court that granted summary judgment to Joseph Smith, Jr., in this legal malpractice action. The circuit court concluded that in order to prevail, Skindzelewski needed to demonstrate his actual innocence on the criminal charge in the underlying case that precipitated the malpractice claim. Skindzelewski acknowledges the actual innocence rule, but argues that the facts of this case warrant creation of an exception. We conclude that the actual innocence rule controls, and we are not persuaded that we can craft an exception on these facts. We therefore affirm the circuit court’s order.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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