Illinois has two statutes that establish time limits for when you can sue for legal malpractice. The statute of limitations gives the plaintiff two years from the time the negligence was discovered. However, the statute of repose bars any claim unless the negligent act occurred within six years of the…
ESTATE OF LIFTIN v. US, Court of Appeals, Federal Circuit 2014 – Google Scholar. This appeal is slightly off topic, but is relevant to the area of legal malpractice liability. The Estate filed its federal estate tax return five months late. The IRS then assessed a 25% percent penalty, in…
WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIEMA, LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is a legal malpractice case arising out of a defense of a workers compensation claim. West Bend alleged that the defense counsel retained to handle the workers compensation claim…
This is a legal malpractice case in which the plaintiff, after enormous effort, obtained a damages award of $2000 at trial. The Appellate Court affirmed the damage award. Unfortunately, the Appellate Court issued an unpublished opinion, Hubertus Investment Group v. Smiegelski & Wator, P.C., 2014 IL App (1st) 131927-U. This…
Harris v. Vitale, Ill: Appellate Court, 1st Dist., 2nd Div. 2014 – Google Scholar. This case was brought by Robert Harris, the Public Guardian of Cook County. Harris was appointed the plenary guardian of the person for Andrea Molloy, a disabled person. The Illinois Appellate Court, First District, has affirmed…
Powell v. POTTERFIELD, SC: Court of Appeals 2014 – Google Scholar. This is an unpublished opinion, which is unfortunate, because it deals with a key issue in divorce malpractice cases – could one of the parties have shown that he or she was entitled to maintenance? This issue can be…
Huang v. Brenson, Ill: Appellate Court, 1st Dist. 2014 – Google Scholar. This opinion affirmed the dismissal of a legal malpractice action filed against a lawyer who defended a legal malpractice case. This case is unusual because there are two underlying cases, an immigration matter and the legal malpractice case…
Davis v. Fenton, Dist. Court, ND Illinois 2014 – Google Scholar. Chief Judge Castillo has stayed an unusual legal malpractice case pending the outcome of arbitration. The case is highly unusual because it was filed by Kelli Dudley a lawyer who defends against foreclosures. In this case her client alleges…
Cabrera v Collazo 2014 NY Slip Op 00622. This is an opinion of the New York Supreme Court, Appellate Division. The facts were simple. The attorney missed the applicable statute of limitations and the client’s claim was barred. In such cases, the lawyer is liable for legal malpractice if the…
The case is captioned Nelson v. Quarles and Brady, LLP, 1-12-3122, Illinois Appellate Court, First District. This is probably the most important legal malpractice case decided in Illinois in 2013. The opinion is thoughtful and scholarly. The underlying case The underlying dispute was a contract dispute between two business partners,…