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Illinois Compiled Statutes

735 ILCS 5/13-214.3 (2026)

Attorneys

✓ current as of May 2026
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
    Sec. 13-214.3. Attorneys.
    (a) In this Section: "attorney" includes (i) an individual attorney, together with his or her employees who are attorneys, (ii) a professional partnership of attorneys, together with its employees, partners, and members who are attorneys, and (iii) a professional service corporation of attorneys, together with its employees, officers, and shareholders who are attorneys; and "non-attorney employee" means a person who is not an attorney but is employed by an attorney.
    (b) An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of professional services or (ii) against a non-attorney employee arising out of an act or omission in the course of his or her employment by an attorney to assist the attorney in performing professional services must be commenced within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which damages are sought.
    (c) Except as provided in subsection (d), an action described in subsection (b) may not be commenced in any event more than 6 years after the date on which the act or omission occurred.
    (d) When the injury caused by the act or omission does not occur until the death of the person for whom the professional services were rendered, the action may be commenced within 2 years after the date of the person's death unless letters of office are issued or the person's will is admitted to probate within that 2 year period, in which case the action must be commenced within the time for filing claims against the estate or a petition contesting the validity of the will of the deceased person, whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
    (e) If the person entitled to bring the action is under the age of majority or under other legal disability at the time the cause of action accrues, the period of limitations shall not begin to run until majority is attained or the disability is removed.
    (f) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077).
    (g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-377, eff. 1-1-22.)

    
Notes of Decisions
Cited in 152 cases (54 in the last 5 years), 1995–2026 · leading case: Bova v. U.S. Bank, N.A., 446 F. Supp. 2d 926 (S.D. Ill. 2006).
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Bova v. U.S. Bank, N.A., 446 F. Supp. 2d 926 (S.D. Ill. 2006). · cites it 7× “Bank contend that Plaintiffs’ claims against the law firm are time-barred under 735 ILCS 5/13-214.3, which provides, in pertinent part, An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of…”
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014). · cites it 10× “3 of the Code of Civil Procedure (Code) (735 ILCS 5/13-214.3 (West 2008)), which sets forth a six-year statute of repose for “action[s] for damages based on tort, contract, or otherwise *** against an attorney arising out of an act or omission in the performance of professional…”
Perlstein v. Wolk, 844 N.E.2d 923 (Ill. 2006). · cites it 8× “Plaintiffs relied on the limitations period for malpractice actions set forth in section 13-214.3 of the Code of Civil Procedure, as amended by Public Act 89-7 (commonly referred to as the Tort Reform Act).”
Griffin v. Goldenhersh, 752 N.E.2d 1232 (Ill. App. Ct. 2001). · cites it 7× “In reply, defendants contended even if plaintiff filed suit within the statute of limitations, *1238 the statute of repose bars it (735 ILCS 5/13-214.3 (West 1996)). In May 1999, the trial court denied defendants' motion, stating application of the statute of repose here…”
Doyle v. Thomas B. Hood & Thomas B. Hood Law Offices, P.C., 2018 IL App (2d) 171041 (Ill. App. Ct. 2018). · cites it 8× “(f) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the…”
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014). · cites it 6× “3 of the Code of Civil Procedure (Code) (735 ILCS 5/13-214.3 (West 2008)), which sets forth a six-year statute of repose for “action[s] for damages based on tort, contract, or otherwise *** against an attorney arising out of an act or omission in the performance of professional…”
Suburban Real Est. Servs., Inc. v. Carlson, 2022 IL 126935 (Ill. 2022). · cites it 3× “3(b) of the Code of Civil Procedure (735 ILCS 5/13-214.3(b) (West 2016)). The Cook County circuit court found that the limitations period on the claim had expired because plaintiffs’ payment of attorney fees to new counsel constituted an injury triggering the statute.”
Carlson v. Michael Best & Friedrich LLP, 2021 IL App (1st) 191961 (Ill. App. Ct. 2021). · cites it 3× “3 of the Code, which contains a two-year statute of limitations and six-year statute of repose for malpractice actions against attorneys (735 ILCS 5/13-214.3(b), (c) (West 2014)), and determined that conversations between Carlson and his accountant John Flaherty in June 2008…”
Findlay v. Chicago Title Ins. Co., 2022 IL App (1st) 210889 (Ill. App. Ct. 2022). · cites it 3× “3(b) of the Code (735 ILCS 5/13-214.3(b) (West 2018)) governing claims for legal malpractice.”
Brummel v. Grossman, 2018 IL App (1st) 162540 (Ill. App. Ct. 2018). · cites it 3× “3 The trial court ultimately dismissed the legal malpractice complaint with prejudice pursuant to section 2-619(a)(5) of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-619(a)(5) (West 2014) ), finding that the complaint was not filed within the Code's two-year statute of…”
Terra Found. for Am. Art v. DLA Piper LLP, 2016 IL App (1st) 153285 (Ill. App. Ct. 2016). · cites it 6× “1-15-3285 untimely under both the applicable statute of limitations (735 ILCS 5/13-214.3(b) (West 2014)) and the statute of repose (735 ILCS 5/13-214.”
Steven Menzies v. Seyfarth Shaw LLP, 943 F.3d 328 (7th Cir. 2019). “Even on the most generous framing of the facts—that Menzies did not discover the alleged attorney misconduct until he received his deficiency notice from the IRS and settled in December 2012—he would still be beyond the two-year No.”
Show all 152 citing cases →
— 735 ILCS 5/13-214.3(6) — 2 cases
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014). “3 of the Code of Civil Procedure (Code) (735 ILCS 5/13-214.3 (West 2008)), which sets forth a six-year statute of repose for “action[s] for damages based on tort, contract, or otherwise *** against an attorney arising out of an act or omission in the performance of professional…”
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014). “3 of the Code of Civil Procedure (Code) (735 ILCS 5/13-214.3 (West 2008)), which sets forth a six-year statute of repose for “action[s] for damages based on tort, contract, or otherwise *** against an attorney arising out of an act or omission in the performance of professional…”
— 735 ILCS 5/13-214.3(b) — 99 cases
Bova v. U.S. Bank, N.A., 446 F. Supp. 2d 926 (S.D. Ill. 2006). “Bank contend that Plaintiffs’ claims against the law firm are time-barred under 735 ILCS 5/13-214.3, which provides, in pertinent part, An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of…”
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014). “3 of the Code of Civil Procedure (Code) (735 ILCS 5/13-214.3 (West 2008)), which sets forth a six-year statute of repose for “action[s] for damages based on tort, contract, or otherwise *** against an attorney arising out of an act or omission in the performance of professional…”
Perlstein v. Wolk, 844 N.E.2d 923 (Ill. 2006). “Plaintiffs relied on the limitations period for malpractice actions set forth in section 13-214.3 of the Code of Civil Procedure, as amended by Public Act 89-7 (commonly referred to as the Tort Reform Act).”
Suburban Real Est. Servs., Inc. v. Carlson, 2022 IL 126935 (Ill. 2022). “3(b) of the Code of Civil Procedure (735 ILCS 5/13-214.3(b) (West 2016)). The Cook County circuit court found that the limitations period on the claim had expired because plaintiffs’ payment of attorney fees to new counsel constituted an injury triggering the statute.”
Carlson v. Michael Best & Friedrich LLP, 2021 IL App (1st) 191961 (Ill. App. Ct. 2021). “3 of the Code, which contains a two-year statute of limitations and six-year statute of repose for malpractice actions against attorneys (735 ILCS 5/13-214.3(b), (c) (West 2014)), and determined that conversations between Carlson and his accountant John Flaherty in June 2008…”
— 735 ILCS 5/13-214.3(b)(c) — 1 case
Saunders v. Hedrick (N.D. Ill. 2021).
— 735 ILCS 5/13-214.3(b)(i) — 2 cases
Landreth v. Fabricius, 2018 IL App (3d) 150760 (Ill. App. Ct. 2018).
Murphy v. Richert (N.D. Ill. 2018).
— 735 ILCS 5/13-214.3(b)(ii) — 1 case
Montgomery v. Nat'l Ass'n of Postal Supervisors (N.D. Ill. 2022).
— 735 ILCS 5/13-214.3(c) — 44 cases
Griffin v. Goldenhersh, 752 N.E.2d 1232 (Ill. App. Ct. 2001). “In reply, defendants contended even if plaintiff filed suit within the statute of limitations, *1238 the statute of repose bars it (735 ILCS 5/13-214.3 (West 1996)). In May 1999, the trial court denied defendants' motion, stating application of the statute of repose here…”
Terra Found. for Am. Art v. DLA Piper LLP, 2016 IL App (1st) 153285 (Ill. App. Ct. 2016). “1-15-3285 untimely under both the applicable statute of limitations (735 ILCS 5/13-214.3(b) (West 2014)) and the statute of repose (735 ILCS 5/13-214.”
Landreth v. Raymond P. Fabricius, P.C., 2018 IL App (3d) 150760 (Ill. App. Ct. 2018).
Prospect Dev., LLC v. Kreger, 2016 IL App (1st) 150433 (Ill. App. Ct. 2016).
Carlen v. First State Bank of Beecher City, 857 N.E.2d 696 (Ill. App. Ct. 2006).
— 735 ILCS 5/13-214.3(d) — 17 cases
Perlstein v. Wolk, 844 N.E.2d 923 (Ill. 2006). “Plaintiffs relied on the limitations period for malpractice actions set forth in section 13-214.3 of the Code of Civil Procedure, as amended by Public Act 89-7 (commonly referred to as the Tort Reform Act).”
Doyle v. Thomas B. Hood & Thomas B. Hood Law Offices, P.C., 2018 IL App (2d) 171041 (Ill. App. Ct. 2018). “(f) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the…”
Doyle v. Hood, 2018 IL App (2d) 171041 (Ill. App. Ct. 2018).
Terra Found. for Am. Art v. DLA Piper LLP, 2016 IL App (1st) 153285 (Ill. App. Ct. 2016). “1-15-3285 untimely under both the applicable statute of limitations (735 ILCS 5/13-214.3(b) (West 2014)) and the statute of repose (735 ILCS 5/13-214.”
Terra Found. for Am. Art v. DLA Piper LLP, 2016 IL App (1st) 153285 (Ill. App. Ct. 2016).
— 735 ILCS 5/13-214.3(e) — 3 cases
Doyle v. Thomas B. Hood & Thomas B. Hood Law Offices, P.C., 2018 IL App (2d) 171041 (Ill. App. Ct. 2018). “(f) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the…”
Doyle v. Hood, 2018 IL App (2d) 171041 (Ill. App. Ct. 2018).
DeLuna v. Burciaga (Ill. App. Ct. 2005).
— 735 ILCS 5/13-214.3(f) — 3 cases
Griffin v. Goldenhersh, 752 N.E.2d 1232 (Ill. App. Ct. 2001). “In reply, defendants contended even if plaintiff filed suit within the statute of limitations, *1238 the statute of repose bars it (735 ILCS 5/13-214.3 (West 1996)). In May 1999, the trial court denied defendants' motion, stating application of the statute of repose here…”
Crowe v. Taradash, 2021 IL App (2d) 200316-U (Ill. App. Ct. 2021).
Griffin v. Goldenhersh (Ill. App. Ct. 2001).
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