Close

Chicago Legal Malpractice Lawyer Blog

Updated:

There is No Legal Malpractice Where The Underlying Case Could Not Have Been Won

A legal malpractice case requires careful analysis. Even if the lawyer was negligent in some way, did the negligence make any difference in the ultimate outcome? To evaluate a legal malpractice case, you must evaluate the underlying case as well. Rodi v. Horstman, 2015 IL App (1st) 142787 is such…

Updated:

Is It Time To Abolish the Actual Innocence Rule?

In most states, a former client of a criminal defense lawyer cannot sue for legal malpractice unless he can establish “actual innocence.” The Actual Innocence rule bars almost all legal malpractice claims against criminal defense lawyers. The purported basis for the rule is that the guilty person should not profit…

Updated:

District Court Rejects Rooker-Feldman Defense to Legal Malpractice Claim

Source: Sheth v. Premier Bank, Dist. Court, WD Wisconsin 2015 – Google Scholar The plaintiff in this case, Kamlesh Sheth, lost a state court foreclosure case. Sheth then sued a law firm for legal malpractice and the bank that obtained the judgment against him for fraud and other torts. Sheth…

Updated:

Appellate Court Affirms Dismissal of Legal Malpractice Lawsuit Against Lawyer who Defended Another Lawyer for 17 years

Source: LAMET v. Levin, Ill: Appellate Court, 1st Dist., 3rd Div. 2015 – Google Scholar This is a legal malpractice case that the Illinois court held was barred by the six-year statute of repose and also by the two-year statute of limitations. Lamet hired Levin in 1994 to represent him…

Updated:

Court Rejects Law Firm’s Argument Legal Malpractice Claim Was Barred By A Release

The case is Construction Systems, Inc. v. FagelHaber, LLC, 2015 IL App (1st) 141700. The plaintiff sued FagelHaber for failing to perfect a mechanic’s lien resulting in the subordination of that lien to a mortgagee’s lien. The legal malpractice claim is straightforward. The more interesting question was whether the law…

Contact The Clinton Law Firm