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Will Drafter

Panel OKs legal-mal suit against will drafter By Pat Milhizer Law Bulletin staff writer The independent executor of a will did not improperly extend the deadline for filing a legal malpractice suit against the firm that represented the deceased when he found new creditors and served them notice to present estate claims, the 1st District […]

Allowable Recovery in a Legal Malpractice Case

While recovery in a legal malpractice lawsuit for the sum of the judgment entered against the client without proof of payment appears to suffice, the same is not true where the client is denied full or complete compensation.  That is, the client must not merely demonstrate what the result should have been, but also must […]

Proving Actual Damages

The Rules for Proving Actual Damages in Legal Malpractice Proving actual damages is a two-part problem.  First, one must consider establishing the monetary loss.  Damages must be affirmatively established by the aggrieved client.  Damages are not presumed and the client bears the burden of showing that damages resulted. Where the legal malpractice plaintiff’s recovery is […]

Actual Damages Statutes

Actual Damages Interplay with the Statute of Limitation and Statute of Repose A cause of action accrues when the client “reasonably should have known of the injury for which damages are sought.”  The accrual of a cause of action occurs when a plaintiff discovers or within a reasonable time should discover his or her injury […]

Identifying A Target

The Rules Provide Opportunities For Identifying A Target 1.    The Supreme Court Rules on Admission and Discipline of Attorneys, Article VII,  Part A-1, Practice of Law provides under Rule 721 for law firms to operate as corporations, partnerships and limited liability companies.  Each of these organizational entities formed in compliance with the Professional Service Corporation […]

Legal Malpractice Case: Who is the Target?

The Rules of Professional Conduct do not create a cause of action. Owens v. McDermott, Will & Emery, 316 Ill. App.3d 340 (2000) . The Rules however are relevant to establish a standard of care in an action for legal malpractice.  Nagy v. Beckley 218 Ill. App. 3d 340 (2000). As a general rule, there […]

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