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It is on Illinois contract law and statute of limitation. I…

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It is on Illinois...

It is on Illinois contract law and statute of limitation.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I performed services to a law firm under "oral contract" which should have a five-year statute of limitation. Now, the attorney claims that because they are a law firm, the statute of limitation should be "two years". I was the person who provided services in their lawsuit. I am an expert witness. They did not perform any services to me. I am not suing malpractice. I worked with two long-term experienced attorneys. One of them is an expert witness in the area of legal malpractice. They both regarded the lawsuit is under contract law of five years. But my current lawyer seems to agree with the defendant that it is two year limitation. Can you help me and give me exact law and case citations? Thank you.

Lawyer's Assistant: Has anything been filed or reported?

I have no more information to add other than the statements above.

Submitted: 6 months ago.Category: Legal
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Answered in 17 minutes by:
12/22/2017
Lawyer: Gerald, Esq, Lawyer replied 6 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,353
Experience: Over 30 years of experience
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Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 6 months ago
Dear *****,
Thank you for working on the question. I will return to view your answer.
Lawyer: Gerald, Esq, Lawyer replied 6 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The law firm and your current attorney are applying the Statute of Limitations that pertains to the acts or omissions of an attorney:

735 ILCS 5/13-214.3 pertains to the acts and omissions of attorneys. Here is the link:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-214.3

Note that is states in part as follows:

"(b) An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of professional services or (ii) against a non-attorney employee arising out of an act or omission in the course of his or her employment by an attorney to assist the attorney in performing professional services must be commenced within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which damages are sought. "

Although it appears that the section was intended to deal with the actions of the attorneys in regard an attorney client relationship or where the attorney is rendering services - the Illinois Courts have reached a different view.

see: Evanston Ins. Co. v. Riseborough, 2014 IL 114271, 378 Ill. Dec. 778, 5 N.E.3d 158 (Ill., 2014)

You can find this case here:

http://www.plol.org/Pages/Secure/Document.aspx?d=izsieuHVvGT5TZeEfes6yg%3d%3d&l=Cases&rp=4

(Free registration to access is required).

The case states in part:

"¶ 23 We reject the interpretation advanced by the appellate court in Ganci and in the case at bar that section 13–214.3(c) applies solely to claims brought by a client against an attorney who owes professional or fiduciary duties to the plaintiff. This narrow reading overlooks the language in the statute that the repose period applies to claims “ arising out of an act or omission in the performance of professional services.” (Emphasis added.) 735 ILCS 5/13–214.3(b), (c) (West 2008). The “arising out of” language indicates an intent by the legislature that the statute apply to all claims against attorneys concerning their provision of professional services. There is no express limitation that the professional services must have been rendered to the plaintiff. Nor does the statute state or imply that it is restricted to claims for legal malpractice. Had the legislature wished to do so, it could have limited the statute to legal malpractice actions or to actions brought by a client of the attorney. Instead, the statute broadly applies to “action[s] for damages based on tort, contract, or otherwise * * * arising out of an act or omission in the performance of professional services,” which encompasses a number of potential causes of action in addition to legal malpractice. (Emphasis added.) 735 ILCS 5/13–214.3(b) (West 2008)."

Personally, I think the court has this wrong - BUT I don't wear robes so my view is not worth much. Based on this reasoning anyone who does business with an attorney has only two years to pursue their claim. I doubt that was the general Assembly's original intent. But this is the position that your attorney is accepting. You could move forward and see if you survive a Motion to Dismiss. But there is risk to that - if you lose you could be liable for the attorney's fees of the defendant.

Your position is that your claim has NOTHING to do with the attorney's services and does not arise out of those services. Your position is that it arises out of your services.

I recommend that you discuss this further with your attorney to determine how you wish to proceed..

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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