Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Illinois

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IL: Legal Malpractice Summary Judgements Denied!

Posted in Illinois, Real Estate
Racquet v. Grant, 318 Ill. App. 3d 831 (2000) IL: Underlying Property action Student Contributor: Rachel Vincent Facts: Plaintiff’s were being sued by their neighbor who was trying to enjoin plaintiffs from doing construction on their land. Defendants were responsible for representing plaintiffs in the suit (Platenka suit). Plaintiffs allege that defendants breached their duty… Continue Reading

IL: Pro Se: If You Can’t Prove ALL the Elements There’s No Case

Posted in Illinois
Kehoe v. Saltarelli, 337 Ill. App. 3d 669 (2003) IL: Legal Malpractice, Breach of Fiduciary Duty, Tortious Interference Student Contributor: Rachel Vincent Facts: Plaintiff was a partner at the Wildman firm. On March 5, 1998 two former clients sued plaintiff and the Wildman fIrm for legal services rendered while plaintiff worked at Wildman (Songer suit).… Continue Reading

IL: Saving Statute Saves You from Statute of Repose

Posted in Illinois
Jain v. Johnson, 398 Ill. App. 3d 135 (2010) IL: Underlying legal malpractice action Student Contributor: Rachel Vincent Facts: Plaintiff is suing his former attorney for legal malpractice because they allegedly failed to file a lawsuit on his behalf before the statute of limitations expired. Although the plaintiff filed his action within the applicable statute… Continue Reading

IL: Statue of Repose trumps Statute of Limitations

Posted in Illinois
Snyder v. Heidelberger, 953 N.E.2d 415 (Ill. 2011) IL: Statute of limitations, statute of repose, malpractice, injury Student Contributor: Rachel Vincent Facts: Plaintiff Judith Snyder brought legal malpractice action against attorney Elliot Heidelberger. According to plaintiff, on May 23, 1997, attorney negligently prepared a quitclaim deed that failed to convey the marital home of plaintiff… Continue Reading

IL:Criminal Litigant must prove “actual innocence” in addition to legal malpractice

Posted in Criminal Law, Illinois
Paulsen v. Cochran, 356 Ill. App. 3d 354 (2005) IL: Plea agreements, legal malpractice, actual innocence Student Contributor: Rachel Vincent Facts: Plaintiff Michael Paulsen is appealing the dismissal of his legal malpractice action against defendants. The complaint arose from the representation and sentence plaintiff received when he pled guilty to a drug offense in Arizona.… Continue Reading

IL: Net Opinion on Causation Results in Dismissal

Posted in But for-Proximate Cause, Expert Witnesses, Illinois, Proximate Cause
Bourke v. Conger, US Ct. of Appels, 7th Circ., April 19, 2011.  Facts: Bourke was convicted of murder in Illinois state court, and after the conviction was turned over on appeal, filed malpractice claims against his defense attorneys. Bourker alleged that defense counsel’s voire dire of the jury fell below acceptable standards of care. Bourke’s… Continue Reading

IL: Suicide as a Proximate Cause of Lawyer Malpractice? No Way!

Posted in Federal, Illinois, Proximate Cause
Cleveland v. Rotman, 297 F. 3d 569 (7th Cir. 2002) IL: Underlying tax advice Student Contributor: Clem Durham Facts: In 1996 Cleveland retained Rotman for advice in resolving the tax dispute. At the time, Cleveland’s therapist informed Rotman of Cleveland’s poor financial status, his severe depression, and his suicidal tendencies. Rotman advised Cleveland that he… Continue Reading

IL: Lawyer Duty of Care to Adversaries–Privity No Bar to Liability

Posted in Commercial, Duties: Investigate, Federal, Illinois, Standard of Care
Greycas, Inc. v. Proud, 826 F. 2d 1560 (7th Cir. 1987) Underlying loan transaction–duty to adversary Student Contributor: Clem Durham Facts: Theodore S. Proud, Jr., a member of the Illinois bar who practices law in a suburb of Chicago, appeals from a judgment against him for $833,760, entered after a bench trial. The original plaintiff,… Continue Reading

IL: “But For” Refers to the Merit of the Underlying Case, Not the Speculation of Settlement

Posted in Illinois, Labor & Employent
Beatty v. Wood, 204 F. 3d 713 (7th Cir. 2000) Underlying claim: Age discrimination case Student Contributor: Clem Durham Facts: Plaintiff, Robert Beatty, was employed with the FAA, Department of Transportation from 1962 until his retirement in September 1996. He was an Air Traffic Manager of Willow Run Tower at Detroit Metro from 1987 to… Continue Reading

IL: Statute of Limitations: Cause of Acton Accrues on Discovery

Posted in Illinois, Statute of Limitations, Torts/Personal Injury
Kohler v. Hawkins, 15 Ill.App.3d 455, 304 N.E.2d 677(App. Ct. 1973) IL. underlying tort action Student contributor: Cheryl Neuman Facts: Two men were killed a car accident. Their estates hired defendant attorney in an action against the driver of the car in which the two men were killed. The defendants filed demands for arbitration and the… Continue Reading

The Error of Judgment Immunity: An Elusive Defense

Posted in Illinois, Insurance, Litigation
Gelsomino v.Gorov, 502 N.E.2d 264, 149 Ill.App.3d 809, (App. Ct. Ill., 1986) IL Underlying Representation: Insurance coverage lawsuit Student Contributor: John Anzalone Facts: Plaintiffs sue Attorney and his law firm for legal malpractice for negligently investigating, preparing and presenting Plaintiffs in a lawsuit against the insurer that failed to cover the loss of their restaurant… Continue Reading