No legal duty to disclose legal malpractice

A recent unpublished decision from the Illinois Appellate Court, First District, Damor America v. Gonzalez, reminds us of an important principle of Illinois law: an attorney has no duty to advise his client that he has committed malpractice or the time within which his client has to sue him.  Pursuant to the Illinois Supreme Court’s ruling in DeLuna v. Burciaga, 223 Ill.2d 49 (2006), an attorney is merely responsible to advise his client of the material facts of the representation.

Counseling regarding duties owed to a client is an important aspect of representing professionals in handling claims, mitigating potential claims, and avoiding claims altogether.