Plaintiff filed legal malpractice action against attorney who draft ed trust documents and a trust amendment for Plaintiff's mother. Plaintiff had been a successor co-trustee of the trust. Court properly granted summary judgment for Defendants, as Plaintiff never became a co-trustee to whom Defendants would owe a duty; and Plaintiff was an incidental beneficiary, to whom Defendants did not owe a duty. Court properly denied Plaintiff's request to file a second amended complaint. Allegations of proposed amendment only expand claims made in earlier complaint and do not include facts sufficient to establish that Defendant owed Plaintiff a duty. Addition of a new count, for financial exploitation of an elderly person, would surprise and prejudice Defendants, as it is based on new theory of liability and includes a claim for treble damages.(CARTER and McDADE, concurring.)
Illinois Appellate Court
Civil Court
Legal Malpractice