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Illinois Partner Paul Ruscheinski Obtains Dismissal in Contentious Legal Malpractice Case

Chicago Partner Paul A. Ruscheinski obtained a dismissal with prejudice for our client in a legal malpractice matter pending in Cook County, Illinois. Our client, a law firm, represented Plaintiff in a former post-divorce petition. Plaintiff filed this claim years later alleging he did not discover the malpractice in the divorce matter including breach of contract, until years later. Plaintiff further alleged that the limitations and repose periods were tolled due to his mental incapacity.

Ruscheinski argued that the complaint itself illustrated Plaintiff knew, or should have known, of the alleged malpractice at the time the underlying representation ended, and further that there was no mental incapacity.

The court agreed with Ruscheinski and dismissed the case ruling that the complaint was filed after the expiration of both the statute of limitations and the statute of repose for legal malpractice in the State of Illinois. The court further found that there was no evidence of any mental incapacity.