Illinois Attorneys Could Be Liable for Punitive Damages in Malpractice Claims

A recent decision from the Supreme Court of Illinois may have rippling consequences for practicing attorneys facing legal malpractice actions. In Midwest Sanitary Serv., Inc. v. Sandberg, Phoenix & Von Gontard, P.C., 2022 IL 127327, the Illinois Supreme Court ruled that upon proof of causation, punitive damages in an underlying action are recoverable as compensatory damages in […]
Putting Your Legal Malpractice Carrier on Notice of a Potential Claim: Must a Missouri Lawyer “Foresee” Changes in the Law?

In determining whether a lawyer must report a potential malpractice claim on a professional liability “errors and omissions” renewal or application form, must the insured attorney foresee how Missouri appellate courts would interpret a legal issue never before addressed? Based on a recent Missouri Court of Appeals opinion, the answer seems to be perhaps yes. […]