Experience and Skill Equals Success
Joel works very hard to keep his clients out of court. Most cases settle in some fashion or another and in most situations, settlement is better for clients than litigation. However, some matters just cannot be settled. Cases that do not settle each have their own reasons for ending up in trial before the court. When matters go to court, it is good to know that your lawyer is experienced and has been successful.
You may look in more detail at some recent, successful results Joel has obtained at trial. These cases are listed with the authorization of the clients involved and are illustrative of areas in which Joel has been successful in court. Past success is no guarantee of future success. Each case depends on its own facts and circumstances.
These cases illustrate the broad range of cases in which Joel has been successful in court. If you have a need for a trial attorney, we are willing to look at your case to determine if we can be of assistance.
1. Divorce case-Dane County Post Judgment
Joel represented the ex-husband, in recent litigation of a post judgment issue of maintenance. The former wife was requesting maintenance payments from her former husband. After attempts to settle the issue were exhausted, the matter was tried before a Dane County Circuit Judge. At the conclusion of the trial, the judge denied the maintenance claim to the former spouse.
Maintenance is an important issue in divorce cases. Maintenance is well recognized under Wisconsin law as a tool that a court can use to achieve fairness between spouses. Maintenance is sometimes necessary for the support of one spouse by the other, particularly in cases where there has been a long marriage and there is a significant disparity in earning abilities. Joel has represented many spouses who have obtained maintenance. In many cases, Joel has advised maintenance payors to agree to make maintenance payments, when the law and circumstances would dictate the need for such payments and a likelihood that the payments would be imposed by the court if not agreed. In this case, there was a dispute about the need for maintenance payments, which was resolved by the court in favor of Joel’s client after the trial.
2. Representation in operating while intoxicated case
Joel recently tried a case in Dane County court where his client was acquitted of a charge of operating while intoxicated. Operating while intoxicated cases are difficult and in the vast majority, clients plead guilty or no contest. Wisconsin, as well as other states, experiences significant problems regarding operating while intoxicated. In certain cases innocent people are charged with operating while intoxicated. When those cases cannot be settled, an experienced lawyer can obtain the right result for a client that was not under the influence, even though the arresting officer believes he or she was.
Operating while intoxicated representation does not endorse illegal behavior. Many people make mistakes and require representation. Most operating while intoxicated representation involves settlement of cases and helping clients navigate the complexities of the legal system. Second and subsequent offenses in Wisconsin involve jail time. Anyone charged with a second and subsequent offense has a right to an attorney. The court will provide an attorney if they cannot afford one. Joel is available to discuss defense of operating while intoxicated and any other criminal and ordinance violations.
Outcomes
Attorney Winnig was hired to recover maintenance paid by Randall subsequent to his ex-wife's remarriage. Wisconsin law (generally) requires that maintenance, (payments to support a former spouse, formerly termed "alimony") would terminate upon the payee's remarriage. In this case, the payer was deceived about his ex-wife's remarriage and only contacted Attorney Winnig after all the maintenance had been paid. Despite attempts to settle the matter, Mary was unwilling to repay the over-paid maintenance. Attorney Winnig's motion was heard by the judge and Mary was ordered to repay the over-paid maintenance to Attorney Winnig's client.
Keeping Your Case out of Court
Attorney Winnig's client, Michael, had a small business in the construction field. Due to the severe recession, Michael's business has suffered greatly. Michael is facing severe financial problems that may result in a bankruptcy filing. However, Michael is working with Attorney Winnig to determine if he needs to file bankruptcy, and if so when
In the interim, Michael was sued by one of his creditors. Attorney Winnig identified deficiencies in the process of serving Michael with the papers and raised the service defect as a defense in court. The plaintiff attempted to show that service was proper, but after a hearing, the court ruled that Attorney Winnig's defense was correct and the case against his client was dismissed.1
1.This dismissal was not "on the merits and accordingly the case may be re-filed. However, this victory gives Michael significant relief and more time to assess his options."
All cases are different and generally depend on their specific facts. Attorney WInnig has a consistent record of over three decades of analyzing the facts and law and obtaining successful, cost-effective results for his clients in court.
Keeping your Case out of Court
1. Small Claims Matter
Joel recently represented a client in a small claims matter. It is not always possible for a lawyer to be cost effective in small claims court, but in this case Joel’s client had lost a hearing before a court commissioner where he was ordered to pay the other party several thousand dollars. Joel advised the client to timely request a new hearing before a judge. Joel entered the case on very short notice and had very little time to prepare. However, the result was successful. At the new trial before the judge, the claim against his client was dismissed, so instead of owing many thousands of dollars, the client owed nothing. Joel’s fees were far less than the client would have paid, if he had not asked for the new trial. Joel can review money claims, whether large or small, and provide high quality, cost-effective representation.
