Frequently we get calls from a former client of an attorney who believes that legal malpractice may have occurred. Please note that if a case is voluntarily dismissed, the client has one year to refile the case. 735 ILCS 5/2-1009. Until that time period has expired, there is no legal malpractice case because the mistake or error can be corrected by the attorney or another attorney. Often a dismissal for want of prosecution is without prejudice and is not final so, again, that is not malpractice. The question we ask is “Can the alleged error be cured?” If the problem can be cured, there is no malpractice.
Ed Clinton, Jr.