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Chicago Legal Malpractice Lawyer Blog

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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…

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Ineffective Assistance Of Counsel Does Not Equal Legal Malpractice

This case, Desetti v. Chester, (Virginia Supreme Court), June 4, 2015, holds that a criminal defendant cannot bring a legal malpractice claim against her former lawyer because she was not factually innocent of the charge. Few legal malpractice cases succeed in the criminal context because the plaintiff (formerly the criminal…

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Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer

Workforce Solutions v. Sara L. Pettinger and Scopelitis, Garvin, Light, Hanson & Feary, P.C., 2105 IL (1st) 121265-U. In 2006, Workforce sued Urban Services of America, Inc., for breach of contract when Urban allegedly failed to pay for $573,000 in services. In 2008, Workforce obtained a default judgment against Urban.…

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