The Clinton Herald, Clinton, Iowa

September 28, 2013

Legal malpractice suit: Jury selection begins Monday

Clinton sued former attorney

By Katie Dahlstrom
Assistant Editor

CLINTON — CLINTON — Jury selection for the city of Clinton's legal malpractice suit against the attorney who represented it in the 2010 EMS billing lawsuit starts Monday.  

The trial in the city of Clinton versus Michael Walker will take place at the Scott County Courthouse in Davenport and is scheduled to last 12 days.  

Walker represented the city in the emergency medical services billing lawsuit that resulted in the city settling with the federal government and whistleblower Tim Schultheis for $4.5 million to be paid over 10 years. The city alleges Walker failed to properly and adequately analyze the case.  

The trial was set to take place in Clinton County until earlier this month when judge Nancy Tabor ruled in favor of the defendant's motion to move the trial to Scott County.

In her ruling, Tabor cited the extensive and continuing media coverage of the case. She wrote it was clear from the writer's tone that he/she placed blame on Walker. Comments on the Internet and chatter indicate the general public also places blame on Walker.  

Tabor wrote that because of the media, it would be unlikely that a fair and impartial jury could be seated in Clinton County.

The trial is set to begin at 9 a.m. Monday. Go to Clintonherald.com for updates on the trial throughout each day.