09/30/2008
Whether Malpractice Claim Was Improperly Assigned Is an Issue of Fact
Brandon Apparel Group v. Kirkland and Ellis, 887 N.E.2d 748, 320 Ill.Dec. 604 (Ill.App. 1 Dist. 2008)
Brief Summary
When a third party is the primary beneficiary of a plaintiff’s legal malpractice claim and the third party consults with the plaintiff and influences the litigation, the question whether the plaintiff has improperly assigned the malpractice claim is an issue of fact which turns on the amount of control exercised by the third party.
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