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  1. #1
    shechrissy is offline Member
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    Arrow Attorney misrepresentation - legal recourses? PLEASE HELP!

    What is the name of your state? Wisconsin

    I thought this might be a good area to post these questions, as I am unsure which area of law it pertains to. I am asking this question on behalf of the other party in my family law case. He is the respondent and father of my children, and he hired an attorney to keep his legal rights in mind while guiding him through any agreement we may come to together.

    Unfortunately, his attorney filed motion for a discrsionary change of venue on his behalf, which was to be heard during a previously-scheduled status conference.

    The attorney told her client that both parties would ask for a 30 day extension to finalize the custody change agreement and so he could get his taxes ready for the child support agency to review. That was the impression I was under, also. But the attorney got the change of venue (due to in the interest of justice) despite my protests and advocating for the respondent during the status conference. Neither the respondent or I are happy with the way things have been going or the court's decision. If the respondent had been present at the status conference, he would have stated he did not want the venue changed, and the attorney would not have been granted her venue change.

    Now the respondent would like to fire his attorney and make her change the venue back to the county that it was in before she came into the picture without him being charged for her mistake.

    How do we make a complaint to the Wisconsin Bar Association?

    What laws may this attorney have violated, if any?

    What recourse do we have if she refuses to cooperate with his requests to "fix" the problem she made?

    If we both need to hire an attorney together to fix this situation, which area of law would this pertain to?


    Thank you.
  2. #2
    Gracie3787 is offline Senior Member
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    Central Florida
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    Quote Originally Posted by shechrissy
    What is the name of your state? Wisconsin

    I thought this might be a good area to post these questions, as I am unsure which area of law it pertains to. I am asking this question on behalf of the other party in my family law case. He is the respondent and father of my children, and he hired an attorney to keep his legal rights in mind while guiding him through any agreement we may come to together.

    Unfortunately, his attorney filed motion for a discrsionary change of venue on his behalf, which was to be heard during a previously-scheduled status conference.

    The attorney told her client that both parties would ask for a 30 day extension to finalize the custody change agreement and so he could get his taxes ready for the child support agency to review. That was the impression I was under, also. But the attorney got the change of venue (due to in the interest of justice) despite my protests and advocating for the respondent during the status conference. Neither the respondent or I are happy with the way things have been going or the court's decision. If the respondent had been present at the status conference, he would have stated he did not want the venue changed, and the attorney would not have been granted her venue change.

    Now the respondent would like to fire his attorney and make her change the venue back to the county that it was in before she came into the picture without him being charged for her mistake.

    How do we make a complaint to the Wisconsin Bar Association?

    What laws may this attorney have violated, if any?

    What recourse do we have if she refuses to cooperate with his requests to "fix" the problem she made?

    If we both need to hire an attorney together to fix this situation, which area of law would this pertain to?


    Thank you.
    I'm responding based on your other threads. Neither you nor the other party live in the county in which the order originated, therefore his attorney requested a change of venue to the county that both parties reside in and the Judge granted the change.
    The attorney did what she was supposed to do and the court did what was correct. No laws were violated.

    You can file a complaint, but it will be a waste of time. I doubt very much if you can get the venue changed back, and it also would probably be a waste of time. You might try consulting with another attorney, but don't be surprised if they also say the change was correct.

    Just out of curiosity, why didn't either of you want the venue changed to the county where you both live ?
  3. #3
    LdiJ is offline Senior Member
    Join Date
    May 2004
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    65,883
    Quote Originally Posted by Gracie3787
    I'm responding based on your other threads. Neither you nor the other party live in the county in which the order originated, therefore his attorney requested a change of venue to the county that both parties reside in and the Judge granted the change.
    The attorney did what she was supposed to do and the court did what was correct. No laws were violated.

    You can file a complaint, but it will be a waste of time. I doubt very much if you can get the venue changed back, and it also would probably be a waste of time. You might try consulting with another attorney, but don't be surprised if they also say the change was correct.

    Just out of curiosity, why didn't either of you want the venue changed to the county where you both live ?
    1) The courthouse in the original county is actually significantly closer to them than the courthouse for the county where they reside.

    2) Apparently the change of venue is costing them additional money that they think is necessary.

    3) They have a disabled child that needs specialized child care...they have family members convenient to the courthouse in the original county who can care for the child....and would have to do significant "back tracking" to use those same family members if its in the courthouse for the new county.

    I suspect that this is an attorney who only likes to practice in her county's courthouse and that is why she pushed through the venue change.

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