legal malpractice claim in Illinois

2023In a legal-malpractice claim, the “injury” is “a pecuniary injury to an intangible property interest caused by the lawyer’s negligent act or omission.” Id. ¶ 17 (quoting Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 306 , 837 N.E.2d 99 (2005)).

2023In a legal-malpractice claim, the “injury” is “a pecuniary injury to an intangible property interest caused by the lawyer’s negligent act or omission.” Id. ¶ 17 (quoting Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 306 , 837 N.E.2d 99 (2005)).

2022Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 9 No. 1-21-0439 294, 306 (2005) (citing Sexton v. Smith, 112 Ill. 2d 187, 193 (1986)).

2021Sexton v. Smith, 112 Ill. 2d 187, 193 (1986).

2017Id. ¶ 23 Finally, a legal malpractice claim can accrue before an adverse judgment “where an attorney’s neglect is a direct cause of the legal expense incurred by the plaintiff.” Estate of Bass, 375 Ill.

2016Id. ¶ 23 Finally, a legal malpractice claim can accrue before an adverse judgment “where an attorney’s neglect is a direct cause of the legal expense incurred by the plaintiff.” Estate of Bass, 375 Ill.

2018Owens v. McDermott, Will & Emery, 316 Ill.

2018Owens v. McDermott, Will & Emery , 316 Ill.

2013Defendants complain that Mr. Goldfine never testified that, with a viable Illinois Securities Law claim, he would have rejected the $3.2 million settlement and risked going to trial. ¶ 82 “To prevail on a legal malpractice claim, the plaintiff client must plead and prove that the defendant attorneys owed the client a duty of due care arising from the attorney-client relationship, that the defendants breached that duty, and that as a proximate result, the client suffered injury.” Tri-G, Inc., 222 Ill. 2d at 225-26 .

2010“To prevail on a legal malpractice claim, the plaintiff client must plead and prove that the defendant attorneys owed the client a duty of due care arising from the attorney-client relationship, that the defendants breached that duty, and that as a proximate result, the client suffered injury.” Tri-G, Inc., 222 Ill. 2d at 225-26 .

2026Thus, a legal malpractice plaintiff must litigate a “case within a case.” See Governmental Interinsurance Exchange, 221 Ill. 2d at 200 (quoting Eastman v. Messner, 188 Ill. 2d 404, 411 (1999)). ¶ 21 The dispositive issue is whether Kadiyala can establish the case within a case required in this legal malpractice claim arising from Barber’s failure to file an appeal.

2015Eastman v. Messner, 188 Ill. 2d 404, 411 (1999).

2022A legal malpractice claim “may be couched in either contract or tort [citation]; however, when grounded in tort, the action arises out of either an express or implied contract for legal services [citation.].” Majumdar v. Lurie, 274 Ill.

2008App. 3d 657, 665 (2000) (affirming the dismissal of the plaintiff's breach of contract claim where it alleged the same facts as the plaintiff's legal malpractice claim and was not pleaded in the alternative); Majumdar, 274 Ill.

2022It is “the realized injury to the client, not the attorney’s misapplication of expertise, [which] marks the point in time for measuring compliance with a statute of limitations period.” Hermitage Corp. v. Contractors Adjustment Co., 166 Ill. 2d 72, 90 (1995). ¶ 27 Defendants maintain that plaintiffs’ payment of attorney fees to new counsel constituted an injury that triggered the statute of limitations for a legal malpractice claim—regardless of any adverse judgment or settlement.

2022It is “the realized injury to the client, not the attorney’s misapplication of expertise, [which] marks the point in time for measuring compliance with a statute of limitations period.” Hermitage Corp. v. Contractors Adjustment Co., 166 Ill. 2d 72, 90 (1995). ¶ 27 Defendants maintain that plaintiffs’ payment of attorney fees to new counsel constituted an injury that triggered the statute of limitations for a legal malpractice claim—regardless of any adverse judgment or settlement.

2026Thus, a legal malpractice plaintiff must litigate a “case within a case.” See Governmental Interinsurance Exchange, 221 Ill. 2d at 200 (quoting Eastman v. Messner, 188 Ill. 2d 404, 411 (1999)). ¶ 21 The dispositive issue is whether Kadiyala can establish the case within a case required in this legal malpractice claim arising from Barber’s failure to file an appeal.

2026He argued that a court should “never” decide the causation element of a legal malpractice claim at summary judgment, citing Governmental Interinsurance Exchange v. Judge, 221 Ill. 2d 195, 210 (2006), and Nettleton v. Stogsdill, 387 Ill.

2018Pelham v. Griesheimer , 92 Ill. 2d 13 , 20-21, 64 Ill.Dec. 544 , 440 N.E.2d 96 (1982). ¶ 13 Johnson asserts Stojan owed him a duty as both a co-trustee and a beneficiary of the trust.

2018Pelham v. Griesheimer , 92 Ill. 2d 13 , 20-21, 64 Ill.Dec. 544 , 440 N.E.2d 96 (1982). ¶ 13 Johnson asserts Stojan owed him a duty as both a co-trustee and a beneficiary of the trust.

2022Vandenberg v. Brunswick Corporation, 2017 IL App (1st) 170181, ¶¶ 33-34 ; Nagy v. Beckley, 218 Ill.

2000See Nagy v. Beckley, 218 Ill.

2015Schultz v. Illinois Farmers Insurance Co., 237 Ill. 2d 391, 399-400 (2010). ¶ 12 The basis of a legal malpractice claim is that, absent the former attorney’s negligence, the plaintiff would have been compensated for an injury caused by a third party.

2015Schultz v. Illinois Farmers Insurance Co., 237 Ill. 2d 391, 399-400 (2010). ¶ 12 The basis of a legal malpractice claim is that, absent the former attorney’s negligence, the plaintiff would have been compensated for an injury caused by a third party.

2022See Zweig, 2020 IL App (1st) 191409, ¶¶ 30, 35, 38 (holding the limitations period for a legal malpractice claim commenced, at the latest, when the plaintiff paid attorney fees to successor counsel to rectify defendants’ professional neglect and where the plaintiff, who was not sued for that neglect, argued those attorney fees were directly caused by the neglect and any success in a lawsuit against third-parties would not negate those attorney fees); Construction Systems, Inc., 2019 IL App (1st) 172430 , ¶¶ 29-30 (finding, when the successor counsel learned of the defendant’s neglect and was p

2021But, citing this court’s decisions in Construction Systems, Inc. v. FagelHaber, LLC, 2019 IL App (1st) 172430 , and Nelson v. Padgitt, 2016 IL App (1st) 160571 , the trial court stated that a legal malpractice claim can accrue before an adverse judgment where a client has to pay legal fees as a -4- Nos. 1-19-1953 & 1-19-1973 result of attorney neglect.

2025“A malpractice action related to an allegedly poor settlement is only allowed where it can be shown that the plaintiff had to settle for a lesser amount than she could 11 1-23-2236 reasonably expect without the malpractice.” Abramson v. Marderosian, 2018 IL App (1st) 180081, ¶ 50 . ¶ 39 As a claimant must establish all four elements of a legal malpractice claim to prevail, we will focus on that element which plaintiff has most clearly failed to establish: duty. “[T]he standard of care against which the attorney defendant’s conduct will be measured must generally be established through expert t

2025As such, plaintiff’s only hope of proving the necessary duty element of a legal malpractice claim at trial would be if the duty and its breach were so evident that even a layman with no knowledge of the law would “have no difficulty in appraising it.” (Emphasis added.) Id.

2000Collins v. Reynard, 154 Ill. 2d 48, 50 , 607 N.E.2d 1185, 1186 (1992).

2000Collins v. Reynard, 154 Ill. 2d 48, 50 , 607 N.E.2d 1185, 1186 (1992).

2025Fox v. Seiden, 382 Ill.

2009See Fox, 382 Ill.

2022See Zweig, 2020 IL App (1st) 191409, ¶¶ 30, 35, 38 (holding the limitations period for a legal malpractice claim commenced, at the latest, when the plaintiff paid attorney fees to successor counsel to rectify defendants’ professional neglect and where the plaintiff, who was not sued for that neglect, argued those attorney fees were directly caused by the neglect and any success in a lawsuit against third-parties would not negate those attorney fees); Construction Systems, Inc., 2019 IL App (1st) 172430 , ¶¶ 29-30 (finding, when the successor counsel learned of the defendant’s neglect and was p

2021But, citing this court’s decisions in Construction Systems, Inc. v. FagelHaber, LLC, 2019 IL App (1st) 172430 , and Nelson v. Padgitt, 2016 IL App (1st) 160571 , the trial court stated that a legal malpractice claim can accrue before an adverse judgment where a client has to pay legal fees as a -4- Nos. 1-19-1953 & 1-19-1973 result of attorney neglect.

1994The first district has held that legal malpractice actions ordinarily accrue "when the attorney breaches its duty." (See Belden, 203 Ill.App.3d at 268 , 148 Ill.Dec. 583 , 560 N.E.2d 1180 (and cases cited therein.) In addition, although the first district has also recognized the discovery rule in determining when the statute of limitations commences on a legal malpractice claim, the application of the discovery rule has been limited to those instances where "the discovery occurs after the statute of limitations has run or when discovery occurs at a time so *1207 near the running that the actio

1994The first district has held that legal malpractice actions ordinarily accrue "when the attorney breaches its duty." (See Belden, 203 Ill.App.3d at 268 , 148 Ill.Dec. 583 , 560 N.E.2d 1180 (and cases cited therein.) In addition, although the first district has also recognized the discovery rule in determining when the statute of limitations commences on a legal malpractice claim, the application of the discovery rule has been limited to those instances where "the discovery occurs after the statute of limitations has run or when discovery occurs at a time so *1207 near the running that the actio

2000See also Person v. Behnke, 242 Ill.App.3d 933, 937 , 183 Ill.Dec. 702 , 611 N.E.2d 1350 (1993) (loss of custody of a child is a compensable injury in a legal malpractice claim).

2000App. 3d 933, 937 , 611 N.E.2d 1350 (1993) (loss of custody of a child is a compensable injury in a legal malpractice claim).

2016The Gonzalez court characterized the putative legal malpractice claim, - 21 - 1-16-0552 which had “neither been asserted nor commenced” as only a “potential chose in action.” (Emphasis in original.) Id. at 694 . ¶ 47 Petitioner argues his cause of action did not accrue until decades later because of a “procedural technicality” that was “created solely to address a very specific procedural paradox inherent in wrongful conviction claims.” Specifically, the possibility of “the creation of two conflicting resolutions arising out of the same or identical transaction. [Citation.]” (Internal quotatio

2016The Gonzalez court characterized the putative legal malpractice claim, which had “neither been asserted nor commenced” as only a “potential chose in action.” (Emphasis in original.) Id. at 694 . ¶ 47 Petitioner argues his cause of action did not accrue until decades later because of a “procedural technicality” that was “created solely to address a very specific procedural paradox inherent in wrongful conviction claims.” Specifically, the possibility of “the creation of two conflicting resolutions arising out of the same or identical transaction.” (Internal quotation marks omitted.) Heck, 512 U

2021Even if negligence on the part of the attorney is established, no action will lie against the attorney unless that negligence proximately causes damage to the client.” Metrick v. Chatz, 266 Ill.

2020“It is the plaintiff’s burden to plead facts which, if true, establish a proximate causal relationship between the negligence of the attorney and the damages alleged to have been suffered as a consequence thereof.” Metrick, 266 Ill.