Understanding Legal Malpractice in Minnesota and Wisconsin: Common Claims and How Clients Can Protect Themselves

Ken Engel

Most people hire an attorney because they need trusted guidance during stressful, high-stakes situations. When that trust is broken—through negligence, misconduct, or inattention—the consequences can be devastating. That’s where understanding Minnesota and Wisconsin legal malpractice becomes essential.

 

Legal malpractice claims are complex and often emotionally charged. This guide breaks down how malpractice is defined under Minnesota and Wisconsin law, the most common types of claims, and how clients can protect themselves throughout the attorney–client relationship.

What Is Legal Malpractice in Minnesota and Wisconsin?

 

In Minnesota and Wisconsin, legal malpractice occurs when an attorney fails to meet the standard of care that a lawyer would provide under similar circumstances—and that failure has caused harm to the client.

 

To succeed in a legal malpractice claim, a client typically must prove:

  1. An attorney–client relationship existed

  2. The attorney breached a duty of care

  3. The breach caused damages

  4. If it wasn't for the attorney's breach, the client would not have suffered damages

Because these cases often require proving what should have happened had the attorney acted properly, they demand careful analysis and experienced legal representation. Consulting the best legal malpractice lawyer in Minnesota and Wisconsin early on can make a critical difference.

Common Types of Legal Malpractice Claims

 

While each situation is unique, several patterns frequently lead to legal malpractice claims in Minnesota and Wisconsin.

1. Missed Deadlines and Statutes of Limitation

 

One of the most common and serious errors occurs when an attorney:

  • Fails to file a lawsuit on time, or 

  • Misses court deadlines

Even a small oversight can cause a client to lose the ability to pursue their case entirely and result in significant damages or a loss of a legal right for the client. A qualified Minnesota and Wisconsin legal malpractice lawyer can help determine whether a missed deadline constitutes actionable negligence.

2. Failure to Communicate With Clients

 

Clients have the right to clear, timely communication—including updates, explanations of legal risks, and responses to questions. Problems arise when a lawyer:

  • Does not return calls or emails

  • Fails to inform a client of settlement offers

  • Provides incomplete or confusing information

Poor communication by an attorney can lead to costly decisions or missed opportunities.

3. Inadequate Investigation or Preparation

 

An attorney must perform a reasonable investigation into the facts and applicable law. Legal malpractice may occur when a lawyer:

  • Neglects to gather key evidence

  • Fails to interview witnesses

  • Does not conduct necessary legal research

  • Goes to court or negotiations unprepared

A lack of preparation often leads to avoidable losses.

4. Conflicts of Interest

 

Minnesota and Wisconsin attorneys must avoid representing clients when their interests conflict. Examples include:

  • Representing opposing parties

  • Having a personal stake in the outcome

  • Failing to disclose relationships that may influence decisions

A conflict of interest can undermine the attorney’s ability to act solely in the client’s best interest.

5. Bad Legal Advice or Incorrect Interpretation of the Law

 

Even highly trained attorneys make mistakes—but when poor advice directly harms a client, legal malpractice may be involved. Examples include:

  • Misinterpreting statutes or case law

  • Advising a client to accept an unfavorable settlement

  • Drafting flawed contracts or contracts contrary to the client's interests

  • Incorrectly guiding a client through critical decisions

A Minnesota and Wisconsin legal malpractice attorney can evaluate whether the error rises to the level of negligence.

6. Mishandling Client Funds or Property

 

Minnesota and Wisconsin lawyers must follow strict rules regarding client trust accounts and property. Serious violations include:

  • Misuse of escrow funds

  • Failure to track client money

  • Commingling personal and client funds

  • Misappropriation of client funds or other assets

These cases often involve both legal malpractice and disciplinary consequences.

How Clients Can Protect Themselves

 

While clients cannot control every aspect of a legal matter, they can take smart steps to minimize the risk of legal malpractice.

1. Choose the Right Attorney

 

Before hiring a lawyer, clients should:

  • Ask about experience in the specific area of law

  • Review testimonials and disciplinary history

  • Evaluate communication style and responsiveness

  • Understand the fee structure

Working with a reputable attorney is one of the best first lines of defense.

2. Get Everything in Writing

 

Clients should always request documentation, including:

  • Engagement letters

  • Fee agreements

  • Settlement offers

  • Important communications

Clear documentation can protect both sides.

3. Stay Involved and Ask Questions

 

Clients should feel comfortable going to their attorney to:

  • Ask for explanations

  • Request case updates

  • Review important documents

  • Clarify strategy decisions

  • Make sure they understand their case

Active participation helps prevent misunderstandings.

4. Track Deadlines and Key Dates

 

While attorneys are responsible for legal deadlines, clients can protect themselves by keeping track of:

  • Court dates

  • Filing deadlines

  • Statutes of limitation in their case

If something seems off, it’s better to raise the concern early to the attorney.

5. Seek a Second Opinion When Necessary

 

If a client feels uneasy about their representation, it’s okay—and often wise—to seek outside advice. Many people consult a legal malpractice lawyer in Minnesota and Wisconsin simply to understand their rights and evaluate whether something went wrong.

When to Contact a Legal Malpractice Lawyer

 

Even diligent clients can end up harmed by attorney negligence. You should consider speaking with a legal malpractice attorney if you believe your lawyer:

  • Missed deadlines

  • Mishandled funds

  • Offered incorrect legal guidance

  • Failed to communicate important information

  • Did not keep you updated on your case

  • Had a conflict of interest

  • Did not prepare your case properly

Early legal guidance can preserve your rights and help determine the best path forward.

In Summary

 

Minnesota and Wisconsin legal malpractice claims are complex, and the consequences of attorney negligence can be significant. Understanding the common types of legal malpractice—and how to protect yourself—empowers clients to make informed decisions and safeguard their legal interests.

 

If you believe you’ve been harmed by attorney negligence, consulting with Ken Engel, an experienced legal malpractice lawyer in Minnesota and Wisconsin,  can help you assess your situation and determine your next steps. Contact us today at 612-343-4555 or by email at kene@kselaw.com.