Subject Index Legal Malpractice

From the Start

By Mark Bernstein & Joel Bertocchi
June
2022
Article
, Page 26
A recent Illinois Supreme Court ruling on legal malpractice and its statute of limitations.

Legal malpractice action is not time-barred because the client did not suffer an injury until adverse judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that the statute of limitations had not expired on a malpractice claim as time did not accrue until the trial court entered judgment.

Repose in Peace

By David C. Thies, Daniel R. Thies, & Mia O. Hernandez
October
2021
LawPulse
, Page 10
The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.

ARDC reports positive early reaction to lawyer self-assessment

By Matthew Hector
April
2018
LawPulse
, Page 10
Initial users of the ARDC's self-assessment program for lawyers who don't carry malpractice insurance are giving the program high marks, the commission reports.

A colleague is neglecting clients - what should you do?

By Matthew Hector
March
2018
LawPulse
, Page 18
If a fellow lawyer is neglecting files frequently and in a way that materially harms clients, you might have a duty to report it.

Estate planners vulnerable to dormant legal malpractice claims

By Matthew Hector
April
2017
LawPulse
, Page 22
There's a six-year statute of repose for legal malpractice - unless the alleged act or omission isn't discovered until the client dies. Estate planning lawyers want more protection.

Breach of contract claim starts timer for legal malpractice claim

January
2017
Illinois Law Update
, Page 20
Filing a breach of contract claim triggers the limitations period for a legal malpractice claim against the attorney who assisted in drafting the contract.

Legal Malpractice Liability to Third Parties

By Anne M. Skrodzki & Shane T. Devins
January
2016
Article
, Page 38
Illinois courts have gradually allowed more nonclients to bring legal malpractice claims, expanding potential liability for Illinois practitioners.
1 comment (Most recent December 31, 2015)

How to Avoid Estate Planning Malpractice Claims

By Zachary J. Freeman, Thomas M. Staunton, & Arthur W. Friedman
December
2015
Article
, Page 32
A look at the unique malpractice risks - including the third-party beneficiary rule and the extended statute of repose - faced by estate planning lawyers.

Lawyer sues after his YouTube post of client leads to suspension

By Janan Hanna
May
2014
LawPulse
, Page 214
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.

Legal malpractice claims by clients and non-clients are subject to the same repose period

May
2014
Illinois Law Update
, Page 220
On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.

Put Not Your Trust in Nigerian Princes

By Karen Erger
February
2014
Column
, Page 100
A recent iteration of the Nigerian email scam offers lessons for lawyers.
1 comment (Most recent February 7, 2014)

The Res Judicata Defense to Legal Malpractice Claims

By Zachary J. Freeman
February
2014
Article
, Page 80
Res judicata and collateral estoppel can be powerful defenses in litigation malpractice cases, even when the lawyer was not a party to the underlying action. But they aren't without limitations.

Emergency Procedures for Malpractice Survival

By Karen Erger
December
2013
Column
, Page 644
Prepare for the unlikely event of malpractice - alleged or real.

Should Derivative Legal Malpractice Be Allowed in Illinois?

By Timothy J. Miller
February
2013
Article
, Page 96
Should shareholders who have no relationship with a corporation's lawyer be able to bring a legal malpractice suit on behalf of the entity? This author says "no."

Raising the Ante(Diluvian)

By Karen Erger
February
2012
Column
, Page 108
More about the pros and cons of e-calendars.

Client service 101

By Helen W. Gunnarsson
December
2011
LawPulse
, Page 604
A seasoned family law practitioner explains how to avoid common mistakes lawyers make in working with clients.

Hey, Kids, Let’s Start a Law Firm

By Karen Erger
December
2011
Column
, Page 640
An interview with a lawyer who did just that.
1 comment (Most recent November 23, 2011)

Court finds subject matter jurisdiction in legal malpractice suit arising out of patent infringement claim

September
2011
Illinois Law Update
, Page 440
An Illinois Appellate Court found that a prior court's resolution of an issue arising under federal patent law was sufficient to allow a state court to claim subject matter jurisdiction where there were no other remaining issues arising under federal patent law.

Statute of repose bars legal malpractice claim

By Helen W. Gunnarsson
August
2011
LawPulse
, Page 382
A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.

Avoiding Legal Malpractice After Union Planters

By Matthew S. Dionne
June
2011
Article
, Page 306
In Union Planters, the Illinois Appellate Court held that a legal malpractice plaintiff need not prove a "case-within-a-case" in an action arising out of transaction-based legal malpractice.  

Spooky Tales from the Malpractice Coverage Campfire

By Karen Erger
February
2011
Column
, Page 104
Don't let exclusions in your malpractice coverage give you a scary surprise.

Federal courts have jurisdiction over legal malpractice claims in patent infringement cases

January
2010
Illinois Law Update
, Page 16
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 

Malpractice Top 40

By Karen Erger
August
2009
Column
, Page 424
A review of chart-topping lawyer errors.

Does the “51-Percent Rule” Apply to Legal Malpractice Actions?

By James W. Davidson
June
2009
Article
, Page 302
Is recovery for legal malpractice barred if the plantiff-client is more than 50 percent to blame? Here's the case for and against.

Lawyers, Guns and Money: Pop Songs and Legal Ethics

By Karen Erger
April
2009
Column
, Page 208
A musical lesson in malpractice prevention.

Only actual damages are recoverable under Breach of Promise Act

November
2008
Illinois Law Update
, Page 554
On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding that the defendant had committed legal malpractice.

Bacon-Saving Support Staff

By Karen Erger
October
2008
Column
, Page 536
Don't think your support staff can make or break you? Think again.

Cover Me: Documentation Is More Than CYA

By Karen Erger
June
2008
Column
, Page 316
Thoughtful domumentation promotes good communication and good decisions.

Five Secrets Not to Keep from Your Insurer

By Karen Erger
April
2008
Column
, Page 216
Don't risk losing valuable coverage by being less than forthcoming with your insurer.

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