Nelson Brothers Professional Real Estate, LLC v. Freeborn & Peters LLP

Federal 7th Circuit Court
Civil Court
Legal Malpractice
Citation
Case Number: 
No. 14-2046
Decision Date: 
December 5, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Record contained sufficient evidence to support jury’s finding in favor of plaintiffs in legal malpractice action against defendant-law firm, where plaintiffs alleged that defendant breached duty of loyalty to plaintiffs by favoring other member of plaintiffs’ joint venture by neglecting to advise plaintiff of existence of certain mechanics’ liens on commercial property purchased by joint venture that caused investors to shy away from investing in joint venture, and by failing to advise plaintiffs with respect to risks associated with personally guaranteeing certain loans made on behalf of joint venture. Defendant could not assert on appeal any statute of limitations defense, where defendant failed to raise it until after jury’s verdict. Moreover, member of defendant’s law firm admitted to failing to advise plaintiffs regarding potential conflicts of interest between plaintiffs and other member of joint venture, to whom defendant had also provided legal services.