Janousek v. Katten Muchin Rosenman LLP

Illinois Appellate Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2015 IL App (1st) 142989
Decision Date: 
Tuesday, October 27, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Plaintiff sued Defendant law firm and one of its lawyers alleging aiding and abetting of a client’s breach of fiduciary duties owed to him. Court properly held that, under discovery rule, Plaintiff knew more than 2 years before he filed the Complaint that he had been wrongfully injured by his former business associates, thus triggering the statute of limitations. Plaintiff’s knowledge of a wrongful cause of his injury initiates the 2-year statute of limitations. Plaintiff’s claims against law firm and attorney and his former business partners are intertwined and inseparable. Public policy favors protecting attorney-client communications over mandating disclosure of documents deemed by client to be privileged. (PIERCE and SIMON, concurring.)