The Sandberg Phoenix professional liability team has extensive experience representing accountants, attorneys, architects and engineers, insurance agents and brokers, real estate brokers and a wide range of other professionals. These attorneys believe the best way to avoid a professional liability case is to learn from the past, and they write extensively about previous cases, current issues and relevant topics relating to a very important subject in the Professional Liability Blog.

Statute of Limitation and Statute of Repose Expired? Not So Fast! A Medical Malpractice Claim May RELATE Back!

In a matter of first impression, the Illinois Appellate Court in Lawler v. University of Chicago Medical Center had to determine whether Illinois’ medical malpractice statute of repose bars applying the “relation back” doctrine to add a new claim under the Illinois Wrongful Death Act. The relation back doctrine allows an original, timely filed pleading…

In Illinois, Architects Not Required to Guarantee Habitability of Condos

Recently, the Illinois Appellate Court had to decide whether a claim for breach of the implied warranty of habitability can be brought against condominium architects purportedly responsible for alleged design defects—in particular, when the developer is insolvent. The court said no. Board of Managers of Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects P.C.,…

On a Not-for-Profit Board? Don’t Forget Your Fiduciary Duty

Board members of not-for-profit corporations are usually volunteers who offer their time and expertise to serve organizations they feel strongly about. Many times, however, board members either forget or don’t even realize they are in a fiduciary relationship with the not-for-profit they serve. According to Black’s Law Dictionary, a fiduciary relationship is a “relationship in…

He’ll Build a GREAT Wall: Architect Avoids Public Nuisance Claim

In Fisk v. Town of Redding, 138 A.3d 410 (Conn. App. 2016), the Connecticut Court of Appeals decided a plaintiff injured after a fall from a wall could not maintain a public nuisance claim against the architect who designed the project. The plaintiff fell from a retaining wall built as part of a bigger municipal…

Disciplinary Boards Do Not “Like” Lawyers’ Social Media Posts Criticizing Judges

In today’s digital age, people all too often take to social media to share their opinion on a wide array of matters.  Unfortunately, in the last few years, more and more lawyers are learning the hard way that their social media posts criticizing judges can have a lasting impact on their legal careers. For instance,…

Don’t Forget That One Member of O.J.’s “Dream Team” Got Disbarred

Over 20 years after the “Trial of the Century,” Americans are again captivated regarding the rise and fall of football legend and former Naked Gun actor O.J. Simpson. The FX television network’s The People v. O.J. Simpson: American Crime Story and ESPN’s five-part documentary O.J.: Made in America has reignited interest in “The Juice.” And…

Defending a Malpractice Action in Missouri? Don’t Forget to Check the Statute of Limitations

Introduction When defending a legal malpractice action, the first item on any attorney’s checklist should be whether the plaintiff has satisfied the statute of limitations. Under Section 516.120 RSMo, the statute of limitations for claims of legal malpractice is five years. And Section 516.100 provides “that for the purposes of sections 516.100 to 516.370,” a…

Law Firm Prevails in Pursuit of Attorney Fees, But at What Cost?

Introduction In Storino, Ramello & Durkin v. Rackow, 45 N.E.3d 307 (Ill. App. 1 Dist. 2015), a law firm prevailed in seeking nearly $110,000 in attorney fees from its former clients under a contingency fee agreement that rewarded the firm based on how much was saved in special assessments the Village of Bensenville had sought…

Missouri Legal Malpractice Warning: Failure to Timely Request Post-Judgment Interest Results in Forfeiture

In SKMDV Holdings, Inc. v. Green Jacobson, P.C., — S.W.3d —, No. ED102493 (Mo. App. E.D. Apr. 12, 2016), the Missouri Court of Appeals, Eastern District reversed an award of post-judgment interest because its inclusion in an amended judgment was “untimely, and therefore void.” Id. at 38. If the initial judgment does not include an…

Solo Practitioners Beware: Failure to Follow Multiple Rules of Professional Conduct Can Equal Indefinite Suspension of Law License

Introduction In Erie-Huron Cnty. Bar Assn. v. Smith, 2016 WL 911280 (Ohio Mar. 10, 2016), the Ohio Supreme Court upheld the Board of Professional Conduct’s ruling to indefinitely suspend a solo-practicing attorney’s law license. The Supreme Court held an indefinite suspension was warranted due to the attorney’s failure to file bankruptcy petitions on behalf of…

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