Best Legal Malpractice Lawyers in Illinois

About Legal Malpractice Law in Illinois, United States

Legal malpractice occurs when an attorney fails to competently perform their legal duties to a client, resulting in harm or loss. In Illinois, legal malpractice is governed by state statutes, court rules, and previous judicial decisions. The core concept is that lawyers owe their clients a duty of care, and breaching that duty can have significant consequences for both the client and the attorney. Legal malpractice can take many forms, including errors in judgment, missed deadlines, conflicts of interest, and failure to properly advise or represent a client.

Why You May Need a Lawyer

You might consider seeking legal advice or representation in cases of suspected legal malpractice for various reasons. Common situations include:

- Your attorney missed critical filing deadlines, resulting in the dismissal of your case. - You believe your former lawyer failed to disclose a conflict of interest that negatively affected your legal matter. - Your lawyer settled your case without your authorization or against your wishes. - Mistakes made by your lawyer resulted in financial loss or loss of legal rights. - Your attorney failed to follow court orders, prepare adequately for trial, or perform competent legal research. - You suspect fraud, dishonesty, or unethical conduct by your attorney. - There is a question about the adequacy or accuracy of the legal advice or documentation provided by your lawyer. - Your lawyer failed to communicate important information, causing you harm or loss. - You were overcharged for legal services, or there are excessive or hidden fees.

In any of these circumstances, an attorney familiar with legal malpractice claims can help you determine the strength of your case and guide you through the legal process.

Local Laws Overview

Legal malpractice in Illinois is largely based on common law principles, but several key aspects of Illinois law are especially relevant:

Elements of a Claim: In Illinois, to successfully prove legal malpractice, you generally must show that (1) an attorney-client relationship existed, (2) the attorney acted negligently or breached the duty of care, (3) the client suffered actual damages, and (4) the damages were directly caused by the attorney's actions or omissions.

Statute of Limitations: In Illinois, most legal malpractice actions must be filed within two years from the date the client knew or reasonably should have known of the injury caused by the attorney's error, with an ultimate repose limit of six years from the date of the alleged negligence, regardless of when the injury was discovered.

Expert Testimony: Legal malpractice cases often require expert testimony to establish the standard of care and how it was breached unless the issue is within the understanding of a layperson.

Attorney-Client Privilege: Communications between you and your attorney are generally protected, but may become relevant if you pursue a malpractice case.

Damages: Illinois courts will generally only award damages that directly resulted from the malpractice. You cannot recover for speculative harm or dissatisfaction with the outcome alone.

Professional Discipline: Malpractice and professional misconduct are distinct; a malpractice case is a civil lawsuit, while ethics complaints are addressed separately by regulatory bodies such as the Illinois Attorney Registration and Disciplinary Commission.

Frequently Asked Questions

What is considered legal malpractice in Illinois?

Legal malpractice occurs when an attorney fails to perform their responsibilities to the accepted standard of care, causing harm to a client. This can arise from negligent actions, omissions, or intentional misconduct.

How do I know if I have a strong legal malpractice case?

To determine if you have a strong case, you must prove that your lawyer owed you a duty, breached that duty, and that this breach directly resulted in damages. Consulting with a legal malpractice attorney is often necessary to evaluate your situation.

What is the time limit to file a legal malpractice lawsuit in Illinois?

Generally, you must file a legal malpractice lawsuit within two years of discovering the negligence, but no more than six years from when the malpractice occurred.

Can I sue my lawyer for losing my case?

Not every lost case amounts to malpractice. You must prove that the loss was a direct result of your lawyer's negligence or breach of duty, not simply a bad result.

Do I need another lawyer to sue my previous attorney?

Yes, given the complexity of legal malpractice cases and procedural requirements, it is highly recommended to seek representation from an attorney who specializes in legal malpractice.

What damages can I recover in a legal malpractice claim?

Damages typically include the actual losses you suffered because of your attorney’s negligence, such as financial losses or lost legal rights. Illinois law does not compensate for speculative damages or emotional distress in these cases.

What are common defenses used by lawyers in malpractice cases?

Common defenses include arguing that no attorney-client relationship existed, their conduct did not fall below the standard of care, the client suffered no actual harm, or that the alleged errors did not cause the damages.

What role does the Illinois Attorney Registration and Disciplinary Commission (ARDC) play?

The ARDC investigates and prosecutes claims of attorney misconduct and ethical violations. However, filing a complaint with the ARDC is separate from filing a malpractice lawsuit, which seeks compensation for damages.

Can I handle a legal malpractice case on my own?

Given the technical nature of legal malpractice claims, including the need for expert testimony and detailed legal proof, it is generally not advisable to represent yourself.

How much does it cost to pursue a legal malpractice claim in Illinois?

Costs can vary depending on the complexity of the case and whether it goes to trial. Many legal malpractice attorneys work on a contingency fee basis, meaning they only get paid if you recover damages, but some may charge hourly or require retainer fees.

Additional Resources

If you need guidance or assistance with legal malpractice in Illinois, the following resources may be helpful:

- Illinois Attorney Registration and Disciplinary Commission (ARDC): Regulates attorney conduct and processes complaints against attorneys. - Illinois State Bar Association: Provides resources and referrals for legal assistance. - Local county bar associations: Many offer lawyer referral services. - Illinois Courts - Self-Help Resources: Official resources for individuals representing themselves in legal matters. - Legal Aid Chicago and Illinois Legal Aid Online: Provide information and sometimes assistance for individuals with limited means.

Next Steps

If you believe you have been harmed by your attorney's actions and are considering a legal malpractice claim, take the following steps:

1. Gather all relevant documentation: Collect your legal file, communication records, contracts, billing statements, and details of the alleged wrongdoing. 2. Contact a qualified legal malpractice attorney: An experienced lawyer can evaluate your case and provide guidance on your legal options. 3. Act promptly: Be aware of the time limits (statutes of limitations) for filing a claim in Illinois, and do not delay seeking help. 4. Consider alternative resolutions: In some situations, other remedies such as fee disputes, negotiations, or disciplinary complaints may resolve your concerns. 5. Prepare for a consultation: Be ready to clearly explain your situation, provide relevant documents, and discuss your goals with your new attorney.

Taking these steps ensures you protect your rights and receive the professional guidance you need to move forward.