01/25/2006
Attorneys Rendering Incorrect Advice on Statute of Limitations Subject to Malpractice Liability Despite Viability of Underlying Action at the Time of Withdrawal
Lopez v. Clifford Law Offices, P.C., 2005 WL 3372732 (Ill.App. 1st Dist. December 12, 2005)

Brief Summary

Generally, an attorney sued for malpractice has the opportunity to shift liability to successor counsel if that counsel had an opportunity to undo or avert the harm caused by the original attorney. In this case, however, there was no shifting of liability because the original attorney’s negligence arguably caused the delay in obtaining successor counsel and because no other counsel actually took responsibility for the case before the statute ran.
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