Illinois Appellate Court Case Provides Reminder of Careful Pleading
The Illinois Appellate Court, in Mazutis v. Karlin, 2022 L App (1st) 210942-U, provides a reminder of the need to plead carefully, particularly in legal malpractice cases. In Mazutis, the Illinois Appellate Court affirmed the dismissal of a plaintiff’s claim based on the failure to plead sufficient facts supporting the plaintiff’s claims. In a legal malpractice case, careful pleading is essential, as a legal malpractice case typically requires a successful showing of the “case within a case.” This means that in such a case, not only does the plaintiff have to show that the lawyer erred, but had the lawyer not done so, the underlying result would have been better. Given this element, it is critical to carefully plead legal malpractice claims to avoid a dismissal such as in Mazutis.
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