Fiduciary Duty

Recent Illinois Case: First American Title Insurance Co. v. Dundee Reger LLC v. Hallam

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The Northern District of Illinois addressed third-party claims against a law firm asserting legal malpractice and, in the alternative, breach of contract and promissory estoppel.  The third-party defendant moved to dismiss the breach of contract and promissory estoppel claims as duplicative of the legal malpractice claim.  The court held that, under Illinois law, duplicative breach of fiduciary duty claims should be dismissed but breach of contract claims, even if duplicative, may be plead in the alternative.  The motion to dismiss was denied.

(This is for informational purposes and is not legal advice.)

First American Title Insurance Co. v. Dundee Reger, LLC et al. v. Peter G. Hallam, 2016 WL 1359374

Recent Illinois Case: Janousek v. Katten Muchin Rosenman LLP

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The First District affirmed the grant of summary judgment on statute of limitations grounds. The court held that the plaintiff’s suspicions that his attorney was aiding and abetting a client’s breach of fiduciary duty was sufficient knowledge to commence the statute. The court also held that the defendant attorneys did not improperly use the attorney client privilege to shield relevant information plaintiff needed to discover his claim.

Janousek v. Katten Muchin Rosenman LLP, 2015 IL App (1st) 142989

(This is for informational purposes and is not legal advice.)

Recent Illinois Case: In re Kevin J. Barry, Debtor

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In this case, the Bankruptcy Court addressed a situation in which the debtor attorney signed a witnesses’ name to a will.  When the lawyer later admitted what he had done, the will was invalidated.  The intended beneficiary of the will sued the lawyer.  The Bankruptcy Court held that the resulting debt was not dischargeable by the lawyer in bankruptcy.

In re: Kevin J. Barry, Debtor;  Joan Galloni v. Kevin J. Barry and Barry Law Group, P.C., 2015 WL 5895403

(This is for informational purposes and is not legal advice.)

Calhoun v. Rane, 234 Ill. App. 3d 90, 599 N.E.2d 1318 (1st Dist. 1992)

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Calhoun v. Rane, 234 Ill. App. 3d 90, 599 N.E.2d 1318 (1st Dist. 1992) (fiduciary duty claim duplicative of negligence claim; no duty to advise of own malpractice)

Geaslen v. Berkson, Gorov & Levin, Ltd., 155 Ill. 2d 223, 613 N.E.2d 702 (1993)

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Geaslen v. Berkson, Gorov & Levin, Ltd., 155 Ill. 2d 223, 613 N.E.2d 702 (1993) (opinion letter)

Doe v. Roe, 289 Ill. App. 3d 116, 681 N.E.2d 640 (1st Dist. 1997)

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Doe v. Roe, 289 Ill. App. 3d 116, 681 N.E.2d 640 (1st Dist. 1997) (sex with client; breach of fiduciary duty controlled by principles of agency, contract and equity, not tort)

Ransom v. A.B. Dick Co., 289 Ill. App. 3d 663, 682 N.E.2d 314 (1st Dist. 1997)

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Ransom v. A.B. Dick Co., 289 Ill. App. 3d 663, 682 N.E.2d 314 (1st Dist. 1997)