Chicago, Ill. (February 27, 2023 – Chicago Partner George J. Manos and Associate Jason W. Jochum recently secured a significant appellate victory on a legal malpractice claim filed against a Chicago-based family law firm in Cook County, Illinois. The plaintiff in the matter claimed that the attorneys' failure to introduce evidence during a hearing caused a judgment in the five-figure range to be entered against him, and that the firm's fees were unreasonable.
Lewis Brisbois secured the dismissal of the complaint in the trial court based on the statute of limitations – an issue that is usually deemed a question of fact. Specifically, the trial court found that the plaintiff knew or should have known of his alleged injury in 2017 when the adverse order was entered, and that the plaintiff's suit – filed over two years later – was not timely. The plaintiff subsequently appealed to the Illinois Appellate Court, First District, claiming that he had not discovered his injury until 2018 when he consulted with an attorney, and that the law firm had fraudulently concealed the injury.
In affirming the trial court's decision, the appellate court held that the plaintiff was aware of the adverse ruling in 2017, and that the allegations in the complaint showed that the plaintiff suspected he had not been adequately represented during the hearing. The court also noted that receipt of an attorney's opinion with respect to a legal malpractice claim was not required for a claim to accrue pursuant to the discovery rule. Moreover, the court rejected the plaintiff's fraudulent concealment argument. As a result, the court ultimately concluded that the plaintiff's legal malpractice lawsuit was not filed within the applicable two-year statute of limitations.
Mr. Manos is a member of Lewis Brisbois' Insurance Coverage, Bad Faith Litigation, Directors & Officers Coverage, and Professional Liability Practices. He focuses his practice in the area of insurance coverage claims and disputes, representing insurers on a regional and national basis. In addition, Mr. Manos regularly defends lawyers, architects/engineers, and real estate agents/brokers in professional malpractice matters
Mr. Jochum is a member of Lewis Brisbois' Insurance Coverage, Bad Faith Litigation, and Professional Liability Practices. A litigator and counselor, he focuses his practice on defending individuals and businesses in professional liability, coverage, and general litigation matters.
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