Legal Question in Legal Malpractice in Illinois

Re: My lawyer goofed

The facts of what you say are a little sketchy, but, generally, an attorney must respond to a motion for summary judgment or notify the client that any response would be frivolous, such that one should concede the motion. This latter course almost never happens, however; but, if the other side had a meritorious summary judgment motion, an attorney is not obligated to (and, in fact, is ethically prevented from)filing a frivolous response.

That said, your attorney was likely obligated to respond to the summary judgment motion. Again, from your facts, it is unclear whether the attorney failed to file any response at all or whether the response was somehow inadequate.

If the attorney, in fact, goofed, and failed to file a meritorious response to the summary judgment motion, such that you would have defeated the motion and won the case, then your attorney is subject to damages for malpractice.

If so, you would be entitled to more than your retainer amount; you would be entitled to the amount you would have otherwise won but for your attorney's malpractice.

The catch is that you must prove that you would have won the case if your attorney had not goofed.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]