There may be a double “whammy” in being a legal malpractice defendant. In addition to being a defendant, the plaintiff may be obligated to report you to the Attorney Registration & Disciplinary Commission (ARDC) if the alleged malpractice misconduct violates Rules 8.3(a), 8.4(b) or (c) of the Illinois Rules of Professional Conduct (“Rules”). This mandatory […]
Legal Malpractice Defense
Statute of Repose: An Unexpected Benefit Especially for Transactional Lawyers
In Evanston Insurance Co. v. Riseborough, the Illinois Supreme Court, in a divided opinion, declared that the six year statute of repose for attorneys in Illinois applies to anyone seeking to sue an attorney on any basis arising out of the attorney’s professional work. 5 N.E. 3d 158, 166-67 (Ill. 2014). This ruling cut a […]
ABA Rule 8.4 Makes Discriminatory and Harassing Behavior Professional Misconduct
Almost all women attorneys I know have been mistaken for the court reporter or the client. Once, opposing counsel asked if I was the court reporter, even though I had deposed his client several months earlier. Another time, opposing counsel kept me waiting in the lobby for the deposition of my client and kept walking […]
Depositions and Trial Testimony: Knowing the Difference When You’re Under Oath
A subpoena hit your door and you’re staring down the barrel of a lawsuit. Malpractice attorneys know all too well that when you’re facing this sort of legal action, it’s critical to say and do the right things. You may be asked to give testimony in a deposition, where the plaintiff’s attorney will ask questions […]