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Illinois Legal Malpractice Questions & Answers
1 Answer | Asked in Workers' Compensation and Legal Malpractice for Illinois on
Q: What do you do if you feel your attorney is screwing you around?

My attorney, myself, and employers attorney signed settlement contract. Although I signed November 21, 2017 it was then sent to employer attorney who sat on it until December 26, 2017. The case was dismissed November 13, 2017 so my attorney filed to reinstate it just to be on the safe side. A new... Read more »

Charles Candiano
Charles Candiano answered on Feb 1, 2018

You need to understand the strategy. Your attorney could have simply had the contracts approved in January. It was prudent to file the Motion to Reinstate because that MUST be done within 60 days to resurrect the case. The fact that he filed the Motion to Reinstate, DOES NOT PREVENT HIM FROM... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: I just found out that my attorney only passed the bar exam in New York, but he's working on my case in Illinois.

Is that legal malpractice?

James G. Ahlberg
James G. Ahlberg answered on Jan 12, 2018

It depends. Normally an attorney licensed in a state can only practice in that state. It is possible to get permission from a court in a second state to handle a particular case which is before that court, however. This permission will appear as a motion asking permission and an order granting... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: During the last meeting with my lawyer, I smelled alcohol on his breath.

What should I do if I think he may be intoxicated while at work?

James G. Ahlberg
James G. Ahlberg answered on Dec 10, 2017

If you trust your lawyer, consider staying with him. On the other hand, if this has shaken your confidence in the lawyer, consider switching lawyers. If you believe he was intoxicated you may wish to consider contacting the Lawyers Assistance Program at (312) 726-6607. They are trained to assist... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: an attorney in a MSA negotiation fails to notify the client of a last minute change in the document.

The client then unwittingly signs the document with dire consequences.The attorney defense is that the client (a well educated person) should have noticed the (subtle) change in text. The judge agrees that it is the client's responsibility to have thoroughly read the document before signing.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 2, 2017

Tough question. While it is true you should have read the document before signing it, many legal documents and the issues they address are so complex that they induce MEGO ("My Eyes Glazed Over") and significant things can be missed. When in doubt, ask your attorney, "Have any... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: What should I do if I'm near trial and I feel that my attorney mishandled my case?

I found out approximately 4 months prior to trial that my attorney have been disbarred for felonies. I was left with a junior attorney to fight against an attorney with 30-plus years and defending corporations. The state idhr found guilty on two of my charges one sexual harassment the other racial... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 2, 2017

Don't assume your relatively inexperienced attorney is no match for the opponent with 30-plus years. The opposing attorney may underestimate the capabilities of your attorney, if nothing else.

Without details as to why your documents were turned in late, it is difficult to determine...
Read more »

1 Answer | Asked in Probate and Legal Malpractice for Illinois on
Q: If my attorney discovered that another attorney knowingly filed fraudulent documents to a county recorder for my sister,

Is he obligated or he has ethical standards to report him. Of course it helps me out with my case. The reason behind this question is how I am going to decide on a attorney. I am 100% positive about the fraud, but there is a chance a legal aid in the office could have filed it without his... Read more »

Ray Choudhry
Ray Choudhry answered on Aug 20, 2017

He is required to report known unethical conduct.

Sometimes people jump to conclusions.

1 Answer | Asked in Family Law, Child Support and Legal Malpractice for Illinois on
Q: I hired an attorney out of bellivlle I'll gave them money they done nothing how much u charge I don't owe child suppot

How does one raise and owe. Support iv hired attorneys and then nothing ivhad all my rights violated says the ACLU but can't get n e one to help I don't no y iv lost every thing don't no were to turn

Nrupa Patel
Nrupa Patel answered on Jul 19, 2017

I am having a hard time following your question but if you already have talked to ACLU maybe one of their attorneys can help

2 Answers | Asked in Legal Malpractice for Illinois on
Q: How many years do I have to sue for the remainder of my settlement money from my previous attorney. And malpractice.
Ray Choudhry
Ray Choudhry answered on Apr 27, 2017

If a attorney is holding on to your money and not giving a satisfactory explanation, you need to immediately go see another attorney.

The deadline for filing malpractice cases against lawyers is very complicated because it turns on when the time starts.

Once again, you need to see...
Read more »

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1 Answer | Asked in Legal Malpractice for Illinois on
Q: can I sue my aunt and sister's lawyer for malpractice for forging my name?

My aunt and sister's lawyer had a document forged, saying that I signed a deed in January 16th 2014, when in fact I never signed it and I have 2 letters stating that I need to come into the office to sign off on the deed.

John M DeProspo
John M DeProspo answered on Jun 1, 2015

Forgery is a crime. If you suspect the lawyer of forgery, you should file a complaint with the appropriate bar association/disciplinary committee.

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Can a lawyer be stopped from extorting settlement money before filing an individual suit?

An attorney has filed 43 cases in Illinois against multiple anonymous defendants ("Does") in each case. The plaintiff in each case is a different company that sells pornographic “copyrighted” content on the Internet. The attorney then discovers the defendants’ personal... Read more »

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Sep 18, 2013

A lawyer's settlement demand is not typically considered extortion. Extortion is the attempt to collect a debt by a wrongful threat, such as a threat of force. If you are a defendant in such a case, I recommend that you contact a lawyer as soon as possible. There are lawyers who specialize in... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Can I look at legal complaints against an attorney and find what the outcomes were?
Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Sep 18, 2013

Unfortunately there is no database that lists claims against lawyers and the resolution of said claims. Your best bet in Illinois is to check the website of the Illinois Attorney Registration and Disciplinary Commission, www.iardc.org. Otherwise a search on the internet is the best you can do.

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Can a lawyer be held on criminal charges for working with a private investigator who wishes to impersonate federal agent

Lawyer charged me $5000 flat fee retainer, stated I needed to follow her terms then required me to hire a pi who was going to "play the part of federal agent" when I refused, she withdrew from the case and didn't give the money back

Burton A. Padove
Burton A. Padove answered on Jul 21, 2011

I cannot say for certain, although there may be some criminal conspiracy. I do think that you should contact the Illinois Attorney Disciplinary Commission as it does sound like the behavior is unethical if not criminal.

1 Answer | Asked in Legal Malpractice for Illinois on
Q: My lawyer non-suited a case, & 2 motions were be dismissed b/c of statute of limitations. What cases supports malpracti
Burton A. Padove
Burton A. Padove answered on Jul 16, 2011

Assuming that you had a valid case in the underlyiing action( the one that you hired the lawyer for) and he did not file before the Statute of Limitations, you may have a claim against the lawyer.

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