Chicago legal malpractice lawyer Jordan Matyas outlines key actions clients can take when they believe their attorney failed to uphold their responsibilities.

(PRUnderground) April 10th, 2025

When a lawyer makes serious mistakes that harm their client’s case, the results can be devastating. Jordan Matyas, founder and managing attorney at 1818 in Chicago, offers practical guidance for individuals who believe their attorney may have mishandled their case.

“When people hire attorneys, they place enormous trust in these professionals to protect their rights and interests,” said Matyas. “Unfortunately, not all attorneys uphold the standard of care their clients deserve.”

Here are seven important steps to take if you suspect your attorney has mishandled your case:

1. Document Everything

Keep copies of all communications with your attorney, including emails, letters, text messages, and notes from phone conversations or meetings.

Illinois courts require substantial evidence to support malpractice claims. Documentation helps establish what happened and when it happened. Make sure to maintain organized records of all case-related documents, including court filings, contracts, and billing statements.

2. Identify the Specific Type of Malpractice

Not every mistake or disappointing outcome qualifies as malpractice under Illinois law. Common forms of attorney misconduct that may qualify as malpractice include:

• Missing the statute of limitations
• Failing to file critical motions or documents
• Settling a case without client authorization
• Misappropriating client funds
• Significant and prolonged failure to communicate
• Conflicts of interest that harm the client’s case

To have a valid claim in Illinois, you must show that your attorney’s conduct fell below the professional standard of care and directly caused you financial harm.

3. Request Your Complete Case File

Under Illinois law, you have a right to your case file. If you suspect mishandling, formally request all documents related to your case in writing.

This step provides essential evidence if you decide to pursue a malpractice claim and signals to your current attorney that you’re taking the situation seriously. Illinois Rules of Professional Conduct (Rule 1.16(d)) requires attorneys to promptly return client files upon request.

4. Mitigate Your Damages

Illinois law requires that clients take reasonable steps to minimize the harm caused by their attorney’s negligence. This often means continuing to pursue your underlying case with new representation.

For example, if your attorney missed a filing deadline, you might need to pursue alternative legal remedies. Courts expect clients to take reasonable actions to protect their interests once they become aware of potential malpractice.

5. Be Mindful of Time Limitations

In Illinois, there’s a two-year statute of limitations for legal malpractice claims, which typically begins when you knew or should have known that malpractice occurred. There’s also a six-year statute of repose that creates an absolute deadline regardless of when you discovered the malpractice.

These time constraints make prompt action essential. Delaying too long could permanently bar your right to recover damages, regardless of how serious the attorney’s mistakes may have been.

6. Consult with a Legal Malpractice Attorney

Legal malpractice cases are complex because they require proving both the malpractice itself and that you would have succeeded in your underlying case if not for the attorney’s negligence. This “case within a case” requirement makes representation by an attorney experienced in malpractice claims important.

A qualified legal malpractice attorney will evaluate the strength of your claim, help gather necessary evidence, identify expert witnesses who can testify to the standard of care, and navigate the procedural requirements of these cases.

Requirements for Legal Malpractice Claims in Illinois

To successfully pursue a legal malpractice claim in Illinois, clients must establish four key elements:

1. An attorney-client relationship existed, creating a duty of care
2. The attorney breached that duty through negligence or improper conduct
3. The breach caused actual damages
4. The client would have had a more favorable outcome in the underlying case if the attorney had acted properly

When Legal Malpractice Is Not the Answer

Not all disappointing outcomes justify legal malpractice claims. Situations that typically do not qualify as malpractice include:

• Personality conflicts or communication style differences
• Reasonable strategic decisions that didn’t produce the desired results
• Unfavorable case outcomes where the attorney met the standard of care
• Fee disputes without evidence of negligence

In these situations, clients may want to consider filing a complaint with the ARDC or seeking mediation through the Chicago Bar Association rather than pursuing litigation.

If you suspect you have a legal malpractice claim in Illinois, or for more information about 1818, please visit www.1818legal.com/

Contact:
1818 Legal Defense & Litigation Attorneys
Jordan Matyas
1818 Legal
200 West Monroe Street
Suite 2025
Chicago, IL 60606

About 1818 Litigation Attorneys

1818 Litigation Attorneys is a leading Chicago-based litigation firm handling professional malpractice claims. The firm represents plaintiffs in cases involving accountants, attorneys, and other professional negligence. With a proven track record of successful recoveries, 1818 Litigation Attorneys has established itself as a champion for individuals and businesses harmed by professional misconduct.
The firm’s accountant malpractice practice has extensive experience holding tax professionals accountable for negligence and errors that cause financial harm to their clients. 1818 Litigation Attorneys offers initial consultations to evaluate potential malpractice claims.
For more information about protecting your rights during tax season or to schedule a consultation, please visit https://www.1818legal.com/.
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Contact:
1818 Litigation Attorneys
Jordan Matyas
1818 Legal
200 West Monroe Street
Suite 2025
Chicago, IL 60606

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Original Press Release.