Attorneys often find it helpful to test legal theories by presenting hypothetical or anonymized
descriptions to consulting attorneys outside of their firms. Listservs are a great way for attorneys
to share information and knowledge. However, the use of listservs poses particular risks that must
be considered before posting.
Read More.

It is no secret among professional liability defense attorneys that the sellers of residential real
estate are not the only parties susceptible to lawsuits alleging insufficient disclosures. Illinois real
estate brokers and their agents also routinely are named as defendants in these cases.
Read More.

Contacts with prospective clients may limit a lawyer’s ability to represent other parties involved
with a prospective client’s matters. For example, a client might contact a lawyer and provide
confidential information in order to disqualify the lawyer from representation of the client’s
adversary. But lawyers may take reasonable measures to limit consultations with prospective
clients to preserve the ability to represent other parties in connection with the same or related
matters. ABA Formal Opinion 510, issued in March 2024, provides excellent practical guidance to
lawyers in handling consultations with prospective clients, and lays out multiple measures lawyers
may take to limit the risk of disqualification based on such consultations.
Read More.

A lawyer’s standard risk for liability exposure comes from a lawsuit brought by a client alleging
that the lawyer has breached some duty to the client causing damages, typically seen as a
legal malpractice claim. However, we sometimes see lawsuits brought by non-clients against
opposing counsel.
Read More.

Lawsuits against insurance brokers may arise from clients alleging that they depended upon
the broker to procure insurance to cover a particular risk or provide prudent advice about what
insurance they need to purchase. However, the duties owed by an insurance broker are not
universal and vary widely by jurisdiction.
Read More.

A recently filed lawsuit in the United States District Court for the Northern District of Illinois could
have wide-ranging implications for lawyers representing clients in pattern litigation.
Read More.