Pretzel & Stouffer

Another Appellate Victory in a Legal Malpractice Case

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan once again prevailed in the Illinois Appellate Court on behalf of the firm's client, an attorney who was sued for legal malpractice arising from his representation of certain clients in multiple mortgage foreclosure cases. The circuit court had dismissed the plaintiffs’ complaint on the grounds that it did not state a claim for legal malpractice and because the plaintiffs’ claim was barred by the statute of limitations.

The Appellate Court unanimously affirmed the dismissal of the plaintiffs' complaint against the attorney and his firm. The Court agreed with Matt and Brendan's argument that the complaint failed set forth all of the required elements for legal malpractice because the plaintiffs’ allegations did not show that they sustained damages resulting from any alleged malpractice on the part of their attorney, as opposed to money the plaintiffs owed their bank as a result of their default on various mortgages. The Appellate Court also agreed with Matt and Brendan's argument that the record established that the plaintiffs' claims for legal malpractice accrued at the time summary judgment was entered against them in the underlying foreclosure cases, and were therefore not timely filed under Illinois law. See, 2017 IL App (1st) 163429-U.

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