Rockford Structures v Shriver
In this unpublished order, the Second District affirmed the dismissal of a legal malpractice claim pursuant to the statute of limitations.
A law firm filed a complaint to recover fees from its client. After that case had been pending for some time, the client attempted to file a legal malpractice counterclaim. The trial court denied the client leave to file the counterclaim. The client then attempted to file a stand-alone malpractice complaint. By the time of that filing, the complaint was untimely under the two year statute of limitations.
The Appellate Court rejected the client’s argument that Section 13-207 of the Illinois Code of Civil Procedure, which allows an untimely counterclaim, saves an untimely complaint that the plaintiff originally attempted to file as a counterclaim.
(This is for informational purposes and is not legal advice.)