Pretzel & Stouffer

Client’s Dismissal Obtained from Legal Malpractice Case

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan recently prevailed on a Motion to Dismiss on behalf of the firm's client in a legal malpractice case in the Circuit Court of Cook County.

P&S represented an attorney who defended the plaintiff in a lawsuit that challenged her actions as trustee of a trust. The plaintiff alleged that the attorney owed and breached a duty to advise plaintiff about claims she might be able to assert against the trust estate as an individual. The court agreed with our arguments that the scope of the attorney’s retention as counsel did not extend to representing the plaintiff as an individual and that conflict of interest and ethical principles precluded the attorney from advising the plaintiff as the Complaint alleged.

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