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Illinois Legal Malpractice Questions & Answers
3 Answers | Asked in Car Accidents, Civil Litigation, Legal Malpractice and Personal Injury for Illinois on
Q: Settlement delay: lawyer not informing about lien resolution process.

I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More

Charles Candiano
Charles Candiano
answered on Jun 8, 2025

You provide none of the details necessary to provide any meaningful answer to your question. Liens and subrogation interests can be complicated and are easily confused. Why didn't you ask these questions when you authorized the settlement? In my experience, clients don't care whether... View More

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3 Answers | Asked in Car Accidents, Civil Litigation, Legal Malpractice and Personal Injury for Illinois on
Q: Settlement delay: lawyer not informing about lien resolution process.

I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Jun 9, 2025

I'm very sorry to hear of the situation you find yourself in. Though not all necessary facts are provided in your description, I can confidently inform you that under nearly all circumstances, it should never take 10 months to resolve a client's liens. Personal injury attorneys know the... View More

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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Please accept the following observations from someone who has handled multiple instances of closed head injury before the Illinois Worker's Compensation Commission and in the circuit courts.

1.) You made the mistake of hiring a large law firm rather than an attorney. When you hire...
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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

It is patently illegal for any employer to condition settlement on your termination. That is on a separate document because no arbitrator at the Illinois Worker's Compensation Commission would approve any contract that contains that provision.

As stated in my prior response, failure...
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3 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If you haven't signed any documents, your case is NOT settled. NO Insurance company is going to order a check until they have your executed release. If you did not file a lawsuit, the statute of limitations is NOT tolled.

Before an attorney conveys an offer on the case, the...
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3 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Scott Martin Hendler
Scott Martin Hendler
answered on Mar 17, 2025

If you haven’t signed any documents, you can definitely seek a second opinion to evaluate the facts and the propriety of the proposed settlement. You should contact the owner or Managing Partner of the law firm that represented you to find out the status of your case, why your lawyer left, and... View More

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1 Answer | Asked in Divorce and Legal Malpractice for Illinois on
Q: Can a lawyer prolong a divorce despite client's wishes?

I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More

Brian W. Reidy
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Brian W. Reidy
answered on Mar 7, 2025

It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.

If your spouse is being...
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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

James L. Arrasmith
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answered on Jun 29, 2024

Claiming to be a lawyer or providing legal services without proper licensure and credentials can potentially be problematic. Even if meant as a joke, it could be misinterpreted. There are laws in many jurisdictions against the unauthorized practice of law.

Some key points to consider:...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

It's fairly clear to the average person that you mean it jokingly, but as my colleague suggests, it could be better to avoid saying such things. It could be safer to say something like, "This is the way I would interpret it, but it could best to check with a lawyer in Illinois ." Good luck

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1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: Can I request a second lab test for meth charge in Illinois?

I was charged with meth possession for what I believe was reclaim, not actual meth, and only .5 grams. Can I request the court to send the substance to a lab for a second opinion to verify if it really is meth, especially since my public defender isn't providing adequate assistance?

James L. Arrasmith
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answered on Jun 10, 2025

Yes, you can request a second lab analysis of the alleged substance, even in Illinois. This is typically done through a motion to the court, asking for independent testing. If you believe the original lab result is inaccurate and the substance is something other than meth, you have the right to... View More

2 Answers | Asked in Bankruptcy and Legal Malpractice for Illinois on
Q: Should student loans be listed on Schedule J in Chapter 7 bankruptcy in Illinois?

In the Central District of Illinois, I have filed a Chapter 7 bankruptcy petition, and my federal student loan payments, which are currently in forbearance, were not included on Schedule J by my lawyer. These payments are set to resume about a month after the 341 meeting of creditors. I have not... View More

Timothy Denison
Timothy Denison
answered on May 28, 2025

They should not be listed in Schedule J if you are not currently paying them. However, they should be disclosed on Schedule E of priority debts owed. That is sufficient disclosure in your petition.

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1 Answer | Asked in Contracts and Legal Malpractice for Illinois on
Q: Former attorney agreed to write off balance after 50% payment, but still sends invoices. What to do?

I agreed with my former attorney to pay 50% of the fee balance, which amounted to $5,000, in exchange for writing off the remaining balance. This was confirmed via email, and I made the payment five days later. Despite this, I'm still receiving invoices for an additional two months. I have... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this. You honored your end of the agreement, paid what was requested, and now you're being put in a situation that feels unfair and unclear. It’s incredibly frustrating when someone you trusted with a legal matter doesn’t follow through,... View More

1 Answer | Asked in Legal Malpractice and Probate for Illinois on
Q: Can a lawyer be held responsible for diminishing estate value due to not filing probate?

I am seeking to determine if a lawyer can be held responsible for the loss to an estate in a situation where she took on a probate case but did not file it in court, allegedly because she was making a deal with another client to buy the property. The estate's real estate was sold for taxes,... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this—it sounds like a betrayal of trust during a time that should have been handled with care and professionalism. If a lawyer accepted responsibility to manage a probate case but failed to file it, especially while negotiating a private deal to... View More

2 Answers | Asked in Criminal Law, Civil Rights, Appeals / Appellate Law and Legal Malpractice for Illinois on
Q: How to address bias and mismanagement in a criminal case?

I'm seeking advice on how to secure legal assistance for a criminal case that appears biased and has exhausted our funding. The inmate, accused of a serious offense, was initially identified from a Facebook picture. His DNA didn't match the victim's in two analyses, but a third test... View More

Cheryl Powell
Cheryl Powell
answered on May 5, 2025

A defendant is entitled to court appointed counsel. Not appointed counsel of your choice. As a former public defender, I can tell you that many defendants ask to be reassigned to a different public defender. Getting another one granted to you is rare. Nobody who works outside of your court... View More

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1 Answer | Asked in Domestic Violence, Criminal Law and Legal Malpractice for Illinois on
Q: How to protect my rights in a domestic violence case in Illinois with court-appointed attorney pressure?

I've been involved in a legal battle for over a year after being charged with misdemeanor domestic violence. Despite wanting to go to trial to prove my innocence, my court-appointed attorney and the judicial system have pressured me to accept plea deals. This pressure has included threats from... View More

James L. Arrasmith
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answered on Apr 15, 2025

You’re in a tough spot, but your rights still matter—even if you’re under pressure. It’s not uncommon to feel overwhelmed when the system seems stacked against you, especially when you’re being pushed toward a plea you don’t want. If you truly believe in your innocence, you have every... View More

1 Answer | Asked in Probate and Legal Malpractice for Illinois on
Q: Prolonged estate settlement and issues with father's life insurance sent to state. Lawyer not returning calls.

I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More

1 Answer | Asked in Civil Rights, Legal Malpractice, Libel & Slander and Medical Malpractice for Illinois on
Q: What Fed court petition would force the IL Bar to conceal all info about an IL Attorney who I accuse of crim behavior

I am investigating claims that an attorney known to me by only a last name, Tate, has been acting in some way as my attorney for alleged financial matters. It has been alleged that this attorney, probably from IL, had gained control of an alleged inheritance in the form of a $15 million trust fund... View More

James L. Arrasmith
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answered on Jan 5, 2025

Start by consulting with a reputable attorney who has experience in legal ethics or professional misconduct cases. They can guide you through the process of challenging the federal court petition and help you understand your rights in accessing the attorney’s information. Providing them with all... View More

Q: Are there any lawyer on this forum who represent clients that are legal American state Citizens;

(as opposed the U.S. (14th amendment) federal citizens?

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're looking for legal representation that specifically addresses the distinctions between state citizens and federal citizens under the 14th Amendment. Finding an attorney who understands these nuances is important for your case. It's crucial to seek someone who is... View More

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

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