Publications

Section Newsletter Articles on Legal Malpractice

Attorneys are subject to malpractice actions for mishandling shareholder derivative claims, but not by investors asserting claims in their individual capacities and not by former shareholders By Michael R. Karnuth Business and Securities Law, June 2016 In Stevens et al. v. McGuireWoods LLP, the Illinois Supreme Court held that shareholders cannot sue (in their individual capacities) a corporation’s attorneys because the attorneys’ duties runs to the corporation only, individual shareholder recoveries are not available under derivative claims, and shareholders cannot pursue derivative claims for the corporation if they have already divested themselves of the company’s shares.
Avoiding legal malpractice claims By David Neiman Young Lawyers Division, February 2016 A look at the common (and easily correctable!) mistakes that young lawyers make that could result in a malpractice claim.
7 tips to avoid QDRO malpractice By Veronica A. Silva Family Law, January 2016 Seven of the most helpful tips for staying out of hot water when drafting QDROs.
Using technology to avoid malpractice By Don Mateer Legal Technology, Standing Committee on, February 2012 A list of the major functions of practice management software.
Editor’s Note: Attorneys must carefully consider their deeds By Adam B. Whiteman Real Estate Law, January 2011 A quitclaim deed is a seemingly innocuous form to the layman, and the attorney may be pressured just to ‘throw one together.’ Yet, if not drafted correctly, the consequences can be dire.
Establishing actual damages in legal malpractice cases By Kenneth J. Ashman and Neal D. Kitterlin General Practice, Solo, and Small Firm, July 2009 What happens when the attorney has been retained to defend a lawsuit and, due to malpractice, misses a defense that results in a judgment being entered against the client? Assuming the client does not have the funds to pay the judgment, has the client suffered actual damages as a result of the attorney’s malpractice? A look at the recent case of Fox v. Seiden.
‘Know thy enemy and know thyself’ By John T. Hundley Bench and Bar, April 2009 As a recent decision by the Illinois Appellate Court demonstrates, failure to know—and properly name—your party-opponent can have drastic and even fatal consequences.