Illinois Bar Journal


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Articles on Legal Malpractice

Legal malpractice claims are not valid unless plaintiff suffered actual monetary damages December 2005 Illinois Law Update, Page 622 On September 22, 2005, the Illinois Supreme Court reversed the judgment of the Illinois Appellate Court, First District.
A jumbo legal malpractice case goes to the high court By Helen W. Gunnarsson April 2005 LawPulse, Page 162 All eyes are on the Tri-G legal malpractice case, where the appellate court ruled for the plaintiff to the tune of $2.3 million.
Pure Heart, Commingled Funds By Karen Erger April 2005 Column, Page 210 Your funds and your clients' don't mix. Ever.
Avoiding the Cliff-Hanger Ending By Karen Erger February 2005 Column, Page 96 Beware: dissolving law firm can end up sans malpractice coverage.
Malpractice Risks for Corporate and Business Lawyers By David R. Sinn October 2004 Article, Page 522 A review of tricky conflicts issues and other malpractice landmines for corporate lawyers.
Rule 756 requires mandatory disclosure of malpractice coverage By Helen W. Gunnarsson August 2004 LawPulse, Page 390 What the new rule means – and could portend – for Illinois lawyers.
The Alligator in the Toilet: 10 Loss-Prevention Myths Debunked By Karen Erger June 2004 Column, Page 319 You've heard about the albino alligators in the sewers of New York, right? And the Nigerian get-rich-quick scheme? And the lawyer who was too good to get sued?
Despite clear running of both the statute of limitations and statute of repose for attorney malpractice action, attorney was equitably estopped from raising issue of statute of repose May 2004 Illinois Law Update, Page 242 On February 6, 2004, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Madison County granting the defendant attorney's motion to dismiss on grounds of the statute of limitations and statute of repose, and remanded for further proceedings. 
Look Before You Leap: The Dangers of Directorship By Karen Erger April 2004 Column, Page 217 Many lawyers who are asked to serve on clients' boards of directors jump at the chance. But there's a dark side to this flattering proposal.
Increasing Your Civility Quotient By Karen Erger February 2004 Column, Page 103 Civility isn't just a nice thing; it is a hallmark of professionalism and a key component of malpractice prevention.
Practicin’ to the Oldies: 10 Ways to Avoid Malpractice By Karen Erger December 2003 Column, Page 635 These 10 malpractice-prevention golden oldies are just as true today as when we first heard 'em.
Learning to Think Like An Ethical Lawyer By Karen Erger October 2003 Column, Page 527 That's right, young lawyer; while you might feel you know little compared to your more senior colleagues, you're fully responsible for properly applying ethical rules.
Avoiding a Coverage Hangover By Karen Erger August 2003 Column, Page 415 Shopping for new malpractice insurance? Make sure you don't create a gap in your coverage if and when you switch insurers.
Client Communications 101: Learning to Listen By Karen Erger June 2003 Column, Page 313 Not listening to your clients leads to dissatisfaction and, too often, to claims.
Ten Loss-Prevention Tips for Support Staff By Karen Erger April 2003 Column, Page 207 Treat your paralegals, administrative assistants, secretaries and other staff with the respect that a valued coworker deserves. And urge them to read and follow these 10 tips, designed especially for the folks on the front lines.
Correspondence from Our Readers March 2003 Column, Page 106 More on file retention.
The “Problem Lawyer” By Karen Erger February 2003 Column, Page 93 The damage that drug, alcohol, or otherwise impaired "problem lawyers" do to your firm lingers long after they leave. Here's how to nip problems in the bud, and maybe salvage a career in the bargain.
File Retention: Preventing Brownfields in Your Storage Room By Karen Dilibert December 2002 Column, Page 667 How can you avoid a massive, Superfund-style client-file cleanup down the road? Here are some pointers.
Six-year statute of repose for legal malpractice claims begins to toll after last act of representation October 2002 Illinois Law Update, Page 512 On August 1, 2002, the Appellate Court of Illinois, Third District, affirmed the decision of the circuit court for the 14th Judicial District, Mercer County, and concluded that the six-year statute of repose for legal malpractice claims, 735 ILCS 5/13-214.3(c).
Ten Easy Things New Lawyers Can Do to Mess up Their Careers By Karen J. Dilibert October 2002 Column, Page 557 A career is a terrible thing to waste; but if you insist, here's how to do it.
Taking the Hell Out of LPL By Karen J. Dilibert August 2002 Column, Page 431 Do you really know what malpractice coverage you're getting under a "claims made and reported" policy? And what does "full prior acts" mean? Read on and make yourself a more informed consumer of lawyers' professional liability (LPL) insurance.
Ten Questions to Ask Before Taking a Legal-Malpractice Case By David J. Fish July 2002 Article, Page 369 Is it worth it to sue another lawyer? Ask these questions before you say ''yes.''
More Bread, Fewer Claims By Karen J. Dilibert June 2002 Column, Page 321 Want to increase your chances of collecting fees while sending clients away happy; or at least not fighting mad? Then read on.
Beneficiary’s malpractice action against deceased mother’s attorney for harm not suffered until after death of mother allowed when brought within two years of mother’s death April 2002 Illinois Law Update, Page 176 On January 25, 2002, the Illinois Supreme Court affirmed the appellate court ruling that an exception to the statute of repose for attorney malpractice, 735 ILCS 5/13-214.3(d).
You Can’t Take It with You (and You Can’t Sell It, Either) By Karen J. Dilibert April 2002 Column, Page 213 Given that Illinois sole practitioners can't sell their practices, how can they prepare for death or retirement? This article discusses the problem and outlines a few steps solos can take on behalf of clients and family.
Getting Real-World Advice on Ethical Dilemmas By Karen J. Dilibert February 2002 Column, Page 99 Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.
The Mysterious Case of the Missing Client By Karen J. Dilibert December 2001 Column, Page 663 That filing deadline looms and you can't find your client; now what do you do?
Mandatory lawyer financial responsibility proposed By Helen W. Gunnarsson November 2001 LawPulse, Page 564 A special ISBA committee is recommending that lawyers be required to maintain malpractice insurance or some other form of compensation for malpractice victims.
The Letterhead Name Game By Karen J. Dilibert October 2001 Column, Page 545 What's in that name on your firm's letterhead? Trouble, if you don't mind your ps and qs.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.