Huang v. Brenson

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (1st) 123231
Decision Date: 
March 5, 2014
1st Dist.
Cook Co., 3d Div.
Lawyer and his firm filed legal malpractice claim against lawyer who defended him in a legal malpractice claim brought by a former client who retined him for INS proceedings. Court properly decidee that defense attorney did not proximately cause Plaintiff's damages as a matter of law, as trial court's misapplication of the law served as intervening cause. Plaintiffs pleaded existence and breach of fiduciary duty, but did not plead facts showing Defendants' breach proximately caused any damage. Plaintiffs did not allege facts showing that insurer would have or should have accepted client's settlement demands, and thus failed to plead that Defendants' failure to relay client's settlement demands proximately caused damage.(NEVILLE and PUCINSKI, concurring.)