SB2179 amends the provision of Illinois law dealing with the time that claims must be brought against attorneys

On August 13, 2021, Governor Pritzker signed SB2179, which amends the provision of Illinois law dealing with the time that claims must be brought against attorneys.  Generally, claims against attorneys are subject to a two year statute of limitation, which means that the claim must be brought within two years after the person bringing the claim knew or reasonably should have known of the injury for which damages are sought, and a six year statute of repose, which means that the claim must be brought no later than six years from the date that the relevant act or omission occurred. There is, however, a potentially different time restriction when the injury occurs at death and there is a will admitted to probate or letters of office issued, which is particularly relevant for cases involving estate planning attorneys. When the injury occurs at death and there is a will admitted or letters of office issued, claims need to be brought in the time for claims against the estate or the period to contest a will, which can be as little as six months.  SB2179 adds to that provision by requiring, in such situations, that claims may not be brought more than six years after the services were performed. This amendment further confirms that it is critical to bring claims against attorneys in a timely fashion to not lose the claim.

If you have a potential claim against an attorney, please contact Jeff Katz at jkatz@pattersonlawfirm.com 

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