Chicago, IL Personal Injury Attorney Mark P. Loftus talks about the most common mistake lawyers make in legal malpractice cases.
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The typical mistake I see is the lawyer not advising the client as to what the appropriate statute of limitations or the amount of time that individual has to sue is. Every cause of action in Illinois has a specific period of time wherein the individual has to get his lawsuit on file. And the mistake I most often see is where the lawyers don’t appropriately advise the client, usually when the lawyer’s not taking the case. The lawyer has to advise that client sufficiently as to when the client has to get the lawsuit on file.
And that’s probably the area that I see most of the mistakes in is failure to advise the client as to the timeline to get things on file. I actually testified as an expert in one of those cases where you have to fully and fairly disclose to the client when he has to have his lawsuit on file otherwise he will be unable to file a lawsuit. And the failure to do so is typically malpractice.