Legal Malpractice Actions

To state a claim of legal malpractice in Indiana and Illinois, a plaintiff must establish:  (1) the defendant attorney owed a duty to the plaintiff; (2) the attorney failed to exercise ordinary skill or care in handling the plaintiff’s matter; (3) proximate cause; and (4) the plaintiff sustained damages.  The statute of limitations period for bringing a legal malpractice claim in both Illinois and Indiana is two years.  However, both jurisdictions have adopted the discovery rule for legal malpractice actions, whereby the statute of limitations period does not begin to run the plaintiff knew, or should have known, that they were damaged due to the negligent attorney.

Specific Potential Breaches of Care:

  • Missed or blown deadlines
  • Incorrect advice
  • Error in strategy
  • Errors in Research
  • Clerical errors
  • Failing to secure assets
  • Failing to file documents
  • Failing to obtain client consent
  • Failing to properly advise client
  • Lack of due diligence
  • Failing to conduct adequate discovery
  • Breaches of fiduciary duty
  • Conflicts of interest
  • Failing to know or apply the law

I have had success in both prosecuting legal malpractice actions on the behalf of companies and individuals in Illinois and Indiana.  If you have a legal malpractice matter that you would like to discuss you can contact me at (312) 422-8000 or apasso@llflegal.com.