Viability of Claims
The Northern District of Illinois partially dismissed a legal malpractice claim. The court held that, where a claim remained viable after new counsel took over for the allegedly negligent lawyer, the client could not state a claim for legal malpractice or breach of fiduciary duty.
However, the court allowed the claims to proceed where the plaintiff had adequately alleged that the claims were no longer viable when turned over to subsequent counsel.
Webster Bank N.A. v. Pierce & Associates P.C., 2016 WL 6082356
(This is for informational purposes and is not legal advice.)