Letter to Attorney William Schambera

Tamika Wilson

13180 Terrel Ridge Road

E-mail: mgbu.com@gmail.com

 

March 9, 2021

 

Williams Shambera, Esq.

Address: 1907 Wilson Street P.O. Box 10

Menomonie, W1 54751

 

In Re: James Koenig vs. Tamika Wilson

Case # 09 FA 00176 and Appeal case 19AP1314.

 

Dear Williams Shambera;

 

RE: NOTIFICATION OF LEGAL MALPRACTISE

 

This is a follow-up letter to the letter of my Intention to Sue you, which I sent you sometimes back. It specifically informs you that you committed conduct that amounted to legal malpractice, and this has been proven:

 

I

RELEVANT FACTS AND ALLEGATION(S).

 

  1. This matter refers to the lengthy legal battle between the respondent in the aforementioned case (“Koenig”) and me over the maintenance of parental authority, the maintenance of a parent-child relationship, and our child’s visitation rights.  

 

  1. Initially, Koenig and I split custody under a parenting time agreement, visitation agreement, and other arrangements governing parental time with our child. However, Koenig went against all our agreements, denying me my rights under the said agreements. His actions explain the non-stop battles in the court, all to the detriment of our child. 
  2. Consequently, Koenig hired you as his attorney for the case. And to my knowledge and belief, you have been his counsel of record in the case. 

 

  1. You provided false witness that I committed fraud over the passport issue. See EXHIBIT 1, attached hereinbelow. You also alleged that I intended to kidnap my son. The said testimony painted me in bad picture and ruined my possibility of obtaining justice in the aforementioned cases. 

 

  1. I applied for a passport for my son for an out of country trip, which my son needed. 

 

  1. In the application, I did not include the details of the father. The passport was later revoked by the U.S. Department of State because I failed to follow the required procedure. 

 

  1. Contrary to your assertions, the Passport was not revoked because of fraud, but because I misunderstood the regulations regarding the application process. See EXHIBIT 2, attached hereinbelow. The United States Department of Justice started in this regard that:



While I do not believe Ms. Wilson attempted to commit any kind of fraud against the Department of State when she applied for her son’s passport, I do find that her incomplete understanding of the regulations regarding passport issuance to minors led to her not disclosing the previously mentioned court orders, which subsequently led to the erroneous issuance of a passport to her son without Mr. Koenig’s consent. (Emphasis mine). 

 

  1. The information above proves your blameworthiness. You erroneously testified of my criminal conduct, which is contrary to the standard of behavior expected for Attorneys. 

 

III

LEGAL ARGUMENTS

  1. The Preamble to the Wisconsin Rules of Conduct for attorneys provides in part that “… In all professional functions a lawyer should be competent, prompt and diligent…”.  SCR Chapter 20A No. 4. See also SCR 20:1.3. You failed to act diligently and competently by providing false witness without verifying the truthfulness of your assertions. 

 

  1. The Rules proceed to state, “… a lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials… it is also a lawyer’s duty to uphold legal process”. SCR Chapter 20A No. 5. Further, a lawyer should be guided by personal conscience. SCR Chapter 20A No. 6. It is clear from my allegations above that you disregarded the law’s requirements by maliciously providing false witness against me, which witness prejudiced my success in the case.  

 

  1. The law also prohibits a lawyer from knowingly advancing a claim or defense unwarranted under existing law, except that the lawyer may advance such claim or defense if it can be supported by good faith argument. SCR 20:3. (1) (1). Further, a lawyer should not knowingly advance a factual position unless there is a basis for doing, so that is not frivolous. SCR 20:3. (1) (1).  You were driven by bad faith, to provide a false testimony against me, all for the selfish interest of your client, the father. 

 

  1. Section 20:3.4 of the Rules provides in part that, “… (b) falsify evidence, counsel or assist a witness to testify falsely… (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused… “. SCR 20:3. (4).  You breached these provisions by testifying to information which you had no proof of. 

 

  1. Finally, the Rules provide a list of misconduct. Among the list includes engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or violating a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers. SCR 20:8. (4).  You were dishonest in your witness. 

 

V

DAMAGES/ CONSEQUENCES OF YOUR ACTIONS/INACTIONS

 

  1. Your conduct has denied me my right to due process in the aforementioned cases.

 

  1. Your conduct has contributed to the lengthy court battles because you misadvised the father, Koenig, to issue false claims against me.

 

  1. Incidental and consequential to the lengthy court battles, I have suffered a lot of financial and emotional trouble. The Financial trouble results from your exorbitant billings, most of which cannot be justified. Emotionally, I have been robbed of the chance to enjoy the company of my child. 

 

  1. Incidental and Consequential to the lengthy court battle, our child has experienced emotional hurt. The child cannot understand why he is not permitted to visit me and spend time with me.  

 

VI

DEMAND AND CONCLUSION

 

  1. In conclusion, I find you wholly liable for ALL the allegations averred hereinabove. 
  2. Accordingly, I demand you accept liability, and make good your error(s). 

 

  1. Your failure to act as demanded above will signal me to further pursue the complaint, to your detriment.

 

Should you decide to remedy this action, please contact me immediately. If you have questions, please call me at 205-789-4686. 

Thank you for your immediate attention to this serious matter.

 

Sincerely,

 

Tamika Wilson 

 

ADDENDUM

EXHIBIT 1

(William Schembera’s Letter to the Judge)

 

EXHIBIT 2

(Letter from the U.S. Department of State, to Tamika Wilson)

 

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