Legal Malpractice Victory: Dismissal of All Claims Against Attorney and Law Firm

Kayla A. Condeni and Matthew J. Egan were successful in the Circuit Court of Cook County in obtaining the dismissal with prejudice of all claims against an attorney and a law firm arising from their representation of the plaintiffs in a medical malpractice case that was settled shortly before trial commenced. The plaintiffs asserted claims for breach of fiduciary duty, abuse of process, and intentional infliction of emotional distress, alleging that the attorney and law firm improperly collected both a fee and litigation costs from the settlement proceeds of the medical malpractice case, contrary to the parties’ alleged agreement for representation on a pro bono basis. Kayla and Matt filed a motion to dismiss the plaintiffs’ complaint on multiple grounds, including the statute of limitations governing claims against attorneys that arise from the provision of legal service. The court agreed with Kayla and Matt’s arguments that all of the plaintiffs’ claims were time-barred because they did not file suit within two years of the date on which they knew the circuit court entered an order approving the disbursement of the disputed funds to the attorney and firm. This decision is the latest in a series of significant victories that Matt, Kayla, and their colleagues on the professional liability defense team at Pretzel & Stouffer have obtained for the firm’s clients.