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Voluntary Dismissal And Legal Malpractice

Frequently we get calls from a former client of an attorney who believes that legal malpractice may have occurred. Please note that if a case is voluntarily dismissed, the client has one year to refile the case. 735 ILCS 5/2-1009. Until that time period has expired, there is no legal malpractice case because the mistake or error can be corrected by the attorney or another attorney. Often a dismissal for want of prosecution is without prejudice and is not final so, again, that is not malpractice. ┬áThe question we ask is “Can the alleged error be cured?” If the problem can be cured, there is no malpractice.

Ed Clinton, Jr.

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