· 12/29/2008
Nettleton v. Stogsdill
Citations
- 899 N.E.2d 1252
- 387 Ill. App. 3d 743
- 326 Ill. Dec. 601
- 2008 Ill. App. LEXIS 1326
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A plaintiff in a legal malpractice case may recover attorney fees when the fees constitute an ordinary loss resulting from the attorney’s negligence.”
- legal malpractice plaintiff must “demonstrate she would not have incurred the fees in the absence of the defendant’s negligence”
- “A successful legal malpractice claim places the plaintiff in the same position that she would have occupied but for the attorney’s negligence”
- even if an attorney is proven negligent, “a plaintiff cannot recover for legal malpractice unless he also proves that the attorney’s negligence proximately caused her damages.”
- if the outcome in the underlying action was as or more favorable to the malpractice plaintiff then he could have achieved if the malpractice defendant had not been negligent, then the plaintiff cannot be said to have been injured in the manner he alleged and so is not entitled to any damages
Source: CourtListener parenthetical corpus (CC0).
Judges: Zenoff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.