A state appeals court is taking another look at a legal malpractice lawsuit against a Madison attorney whose former client said he was negligent in representing him during a sexual assault trial, according to a Wisconsin State Journal report.
In the 4th District Court of Appeals, Judge Joann Kloppenburg summarized the three-judge panel and said to pursue a legal malpractice case against an attorney, a client does not have to be proven innocent of all charges for which he or she was ultimately convicted due to a lawyer’s ineffective representation. Jason C. Gonzalez represented Jama I. Jama, who was convicted in 2014 of four felonies that included second-degree sexual assault, third-degree sexual assault, burglary, and misdemeanor theft.
A trial judge vacated all of Jama’s convictions and ordered a new trial, finding that Gonzalez had failed to adequately represent Jama in court. All charges except the misdemeanor theft and an added misdemeanor charge were dismissed. The case will be sent back to Dane County Circuit Judge Valerie Bailey-Rihn unless appealed to the state Supreme Court.
