Fink v. Banks

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122177
Decision Date: 
September 11, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
HYMAN
Holding: 
Affirmed.
Legal malpractice action against Illinois attorney who, with assistance of local Wisconsin counsel, represented Plaintiff at jury trial for attempted first degree intentional homicide. Plaintiff's conviction, after that trial, was later vacated on basis of ineffective assistance of counsel. Plaintiff was then charged with first degree recklessly endangering safety, a lesser included offense and convicted after bench trial. Court properly dismissed legal malpractice claim as Plaintiff was unable to establish his actual innocence of underlying criminal charge. (NEVILLE and MASON, concurring.)