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Illinois Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Illinois on
Q: A magistrate denied me counsel after going through 5 public defenders which 3 withdrew because they had represented the

Other party for a charge of violation of a no contact order which in IA is automatic 7 days jail..cannot be suspended. He can't deny me counsel.so new one gave me lawyer that had to withdraw from other party to represent me HELP

James L. Arrasmith
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answered on Mar 4, 2023

If a magistrate has denied you counsel, you may want to consider seeking legal assistance from other sources. For example, you can try contacting legal aid organizations or private attorneys who may be willing to represent you. You can also request a court-appointed attorney or file a motion with... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Illinois on
Q: im out on bond from another state. they recently revoked my bond. I have proof i am being maliciously prosecuted. advice

The state prosecutor, my attorney through his law firm as well as the superior court judge in Georgia are scheming to place me back in jail by revoking my bond. I am in Illinois. I have filed complaints with the bar assoc of georgia and Judges committee. I am terrified to go back to georgia because... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It's important that you have legal representation to fight against the revocation of your bond and the allegations against you. You may want to consider finding a new attorney to represent you in Georgia, someone who you trust and who has experience... View More

2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

There is no case against the county. The court protocol of accepting a guilty plea is to place that plea on the record with a clear explanation of its terms, conditions and collateral effects on one's life. Also, that plea is given "freely and voluntarily," with all understanding on... View More

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2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

James G. Ahlberg
James G. Ahlberg
answered on Dec 13, 2022

It sounds like the consequences of your guilty plea were not fully explained to you. If this is true AND if your guilty plea was entered within the past 30 days contact an attorney immediately. He or she will need to file a motion to withdraw the plea based upon inadequate explanation of the... View More

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1 Answer | Asked in Legal Malpractice and Family Law for Illinois on
Q: Is there a specific type of Malpractice Lawyer in IL for post decree matrimonial ethical incompetence?

I have searched and most Malpractice lawyers I find are not specific to post decree marriage cases - can you point me in the proper direction?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2023

You're unlikely to find someone focusing on that precise area of practice. A lawyer who practices in the area of dissolution of marriage cases or general legal malpractice is your best bet. The former will be more familiar with whether malpractice occurred; the latter will be more familiar... View More

1 Answer | Asked in Real Estate Law and Legal Malpractice for Illinois on
Q: IF A LAWYER REPS THE PROPERTY AND THE PROPERTY HAS EMPLOYEES AND TENANTS THE LAWYER THEN HAS TRIPLE DUTY

sorry its a hotel should have been clear and guest was injured while living on property and bed bugs was the cause instead if him doing the right thing he illegal eavesdropped acts of retaliation , harassed hacked computer slowing her prep dow for case which caused her to not make it to court. He... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 16, 2023

No. A lawyer has a duty to his client (typically the seller or the buyer of the property). He has no duty to the property itself and no duty to employees who work on the property.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Illinois on
Q: I'm suing a nursing home for negligence and a hospital for negligence and wrongful death as in malpractice .

Because they were both at fault, do I have to sue them in the same case or separate cases

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.

1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: What if a prosecutor is found committing misconduct and is fired. Should his court cases during that time be dismissed?
Juan Ooink
Juan Ooink
answered on Feb 25, 2021

It all depends on the case and the misconduct. This is something you should be discussing with your attorney. Only your attorney will have the needed information in order to address your concerns. If you have not hire an attorney yet, you should do so right away.

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... View More

Robert Shipley
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Robert Shipley
answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... View More

Robert Shipley
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Robert Shipley
answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... View More

1 Answer | Asked in Legal Malpractice for Illinois on
Q: How do I know if I have a case for legal malpractice?

My son had a firm looking into a medical malpractice case for him. They had the case since August of 2018. Their nurses sent us a letter stating he has a case and just needed a specialist on board. Long story short, they drug their feet, very little contact with my son and just 2 days ago told him... View More

John S. Fotopoulos
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John S. Fotopoulos
answered on Jun 14, 2020

You need to talk to an attorney with a larger medical malpractice firm. There are several issues that can effect when the statute of limitations runs. I may be able to assist you with a referral.

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Would a complaint to the BAR resolve this?

Is this attorney blowing me off?

I was referred by email from considertheconsumer.com website last year to a Florida class action attorney regarding a robo- text I received repeatedly. The attorney was responsive from December 2019 to early February 2020.

I already signed a retainer... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 14, 2020

Is the lawyer blowing you off? Probably not. Your case is called a class action because it involves hundreds, maybe even thousands of people. It isn't realistic to expect the attorney to respond immediately to every contact he gets from every one of them. Furthermore, you wrote he was... View More

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
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Justin M. Gillman
answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there... View More

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Legal Malpractice for Illinois on
Q: Im still married and just found out my husband sold our home and forged my signature with a notary present. What to do?
Ray Choudhry
Ray Choudhry
answered on Apr 25, 2019

forging a signature is a criminal offense.

see the police

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2 Answers | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: I'm on the run trying to better my life and provide for my family. I need help asap please.
Juan Ooink
Juan Ooink
answered on Feb 5, 2019

No clue what your question is. If you are looking for an attorney to assist you, you need to reach out to them. Please use the Find A Lawyer tab on this site.

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1 Answer | Asked in Legal Malpractice for Illinois on
Q: My divorce lawyer died and I missed some deadlines while waiting to be transferred to a new attorney at the firm. Is

this considered legal malpractice?

James G. Ahlberg
James G. Ahlberg
answered on Dec 27, 2018

There's not enough information here to give a solid answer to your question. I suggest making an appointment with a lawyer to discuss the matter. To express it as simply as possible, there are at least three elements needed to pursue such a claim: (1)a duty owed to the client, (2)a breach of... View More

1 Answer | Asked in Legal Malpractice for Illinois on
Q: A disgruntled ex-client is posting untruthful reviews about me suggesting legal malpractice. What should I do?
James G. Ahlberg
James G. Ahlberg
answered on Dec 7, 2018

This is an ethical and relational minefield. Any substantive or defensive response is likely to inflame the situation and harden his attitude, as it effectively encourages him to throw another log on the fire. Think of it this way -- the fire that's tended burns the hottest, and you want this... View More

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