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List of Forms by Chapter
Chapter 1 — Introduction — The Lawyer as a Professional: How Our Professional Responsibilities Shape Our Practice
II. [1.2] Lawyers as Public Trustees of the Practice
Chapter 2 — Duties to the Client: Defining the Standards of Care
II. [2.2] Established Attorney-Client Relationship
IV. Principal-Agent Contractual Relationship
V. [2.9] Standard of Care
Chapter 3 — Attorney Liability to Non-Clients
II. Common-Law Liability to Non-Clients
III. Statutory Liability to Non-Clients
IV. Defenses and Privileges Applicable to Actions by Non-Clients
Chapter 4 — Attorney Liability to Adversaries and Other Third Parties
I. Malicious Prosecution
II. Abuse of Process
III. Unauthorized Filing
IV. Defamation
VI. [4.23] Tortious Interference with Business Relationship and Expectancy
Chapter 5 — Legal Malpractice
I. [5.1] Introduction
II. [5.8] Pleading Requirements
III. [5.18] Third-Party Proceedings
IV. [5.22] Defenses
V. Limitations
VII. Sample Forms
Chapter 6 — Litigating the Legal Malpractice Case
II. Commencing the Legal Malpractice Case
III. Discovery
IV. Trial of the Legal Malpractice Case
Chapter 7 — Breach of Fiduciary Duty
II. Defining the Relationship
III. [7.4] Loyalty
IV. [7.8] Confidentiality
V. [7.12] Honesty
VI. [7.16] Causes of Action
VII. Other Recurring Problems
Chapter 8 — Attorney-Client Privilege and Attorney-Work-Product Doctrine
II. [8.2] Scope and Applicability of Attorney-Client Privilege
III. [8.12] Scope and Applicability of Work-Product Doctrine
IV. [8.16] Disclosure of Privileged Materials
Chapter 9 — Client Trust Accounts
II. Client Trust Account Rules
III. Basics of Opening and Maintaining a Client Trust Account
IV. Operating the Trust Account
V. How To Maintain the Account
VI. Appendix
Chapter 10 — Conflicts of Interest
III. Lawyer Civil Liability
IV. Fee Forfeitures
V. Disqualification
Chapter 11 — Duty to the Courts — Sanctions
Chapter 12 — Statutes Affecting Lawyer Liability
I. [12.1] Consumer Fraud and Deceptive Business Practices Act
II. [12.10] Illinois Punitive Damage Statute
III. [12.14] Fair Debt Collection Practices Act
IV. [12.32] Racketeer Influenced and Corrupt Organizations Act
V. Securities Violations
VI. Employee Retirement Income Security Act
VII. [12.57] Sarbanes-Oxley Act
Chapter 13 — Disciplinary Liability
III. Disciplinary Process and Procedure
IV. Conduct Subject to Discipline
V. Duty To Report Misconduct
VI. [13.33] Disciplinary Sanctions
Chapter 14 — Attorney Liability Insurance
X. Exclusions and Other Provisions
Chapter 15 — The Limitation of Liability Through Business Forms
II. [15.2] Business Forms in Illinois
III. Illinois Supreme Court Rules 721 and 722
VIII. Malpractice Insurance
Chapter 16 — Attorney Liability Risk Management
II. [16.2] New Business Screening and Intake
III. Accepting/Declining Representation — Engagement Agreements and Nonengagement Letters
VI. Conflicts of Interest
VII. [16.39] Confidentiality
XIV. [16.49] Outside Activities and Investments with Clients
XVII. [16.55] Disaster Planning
XX. [16.67] Law Firm Names and Sharing Office Space
XXII. Appendix
Chapter 17 — Lawyers in Transition: Liability Issues Relating to Lawyer Mobility
II. [17.2] Joining a Law Firm
III. Departing a Law Firm
IV. Right to Compensation for Case That Goes with Leaving Attorney or that a Client Otherwise Moves to Another Firm or Lawyer
V. Dissolution of a Law Firm
VI. Sale of a Law Practice/Retirement
VII. [17.34] Checklists/Practice TipsMary F. Andreoni is Ethics Education Senior Counsel for the Illinois Attorney Registration & Disciplinary Commission, in Chicago, where she focuses her practice on legal ethics and professional responsibility. Andreoni is a member of the Chicago Bar Association and Former Chair of the Chicago Bar Association Professional Responsibility Committee. Andreoni received her B.A. magna cum laude from Loyola University Chicago and her J.D. from Loyola University Chicago School of Law, where she also wrote for the Loyola University Chicago Law Journal.
Sherri M. Arrigo is a Partner and Shareholder with Donohue Brown Mathewson & Smyth LLC, in Chicago, where she focuses her practice professional liability defense, pharmaceutical defense, and products liability defense. Prior to initiating a legal career, Ms. Arrigo worked for several years as a registered nurse. She is a published author and a frequent lecturer to various groups and organizations on topics related to professional malpractice liability and medical malpractice insurance. Ms. Arrigo is a Fellow with the American College of Trial Lawyers and has been recognized by her peers as one of the Top Ten Women Civil Defense Lawyers in Illinois. She has also been recognized by her peers for inclusion in the Best Lawyers in America. Ms. Arrigo earned her B.S. summa cum laude from Northern Illinois University and her J.D. with highest honors from DePaul University College of Law, where she was a member of the DePaul University Law Review and was admitted to the Order of the Coif.
Taylor D. Cascia is an associate at Heyl, Royster, Voelker & Allen, P.C., in Peoria, where she focuses her practice on commercial litigation and other areas of civil litigation. She is a member of the Peoria County Bar Association and the Illinois State Bar Association. Ms. Cascia received her B.S. from the University of Illinois at Urbana-Champaign and her J.D. from Southern Illinois University School of Law.
Robert A. Chapman is a Co-Managing Partner with Chapman Spingola LLP, in Chicago, where he concentrates his practice in the prosecution and defense of commercial, professional liability, real estate, trade secret, and organizational disputes. He has written articles on trial-related issues for the Illinois State Bar Association and the Illinois Bar Journal and was a Coeditor of the TRIAL LAWYER’S GUIDE. Chapman is a member of the Chicago and Illinois State Bar Associations and was a member for nine years of the ARDC’s Hearing Board. He earned his B.A. from the University of California at Berkeley and his J.D. from the University of California at Berkeley’s Berkeley School of Law, where he was an associate editor of the California Law Review.
John E. DeLascio is a Partner at Hinshaw & Culbertson LLP in Chicago, where he focuses his practice on insurance coverage. He is a member of the Professional Liability Underwriting Society and the AIDA Reinsurance and Insurance Arbitration Society. DeLascio received his J.D. from the University of Illinois Chicago.
James A. Doppke, Jr. is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where he focuses his practice on legal ethics and professional responsibility. He is the Secretary for the ISBA Standing Committee on Legal Education, Admissions, and Competence and a member of the ISBA Standing Committee on Law Office Management and Economics. Doppke received his B.A. from the University of Notre Dame and his J.D. from Loyola University Chicago School of Law.
Ashley E. Dus is an associate attorney at Donohue Brown Mathewson & Smyth LLC, in Chicago, where she focuses her practice on professional liability defense and products liability defense. She is member of the Illinois Defense Counsel and the Women’s Bar Association. Ms. Dus received her B.A. from the University of Illinois at Urbana-Champaign and her J.D. magna cum laude from the University of Illinois College of Law.
J. Timothy Eaton is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he concentrates his practice on civil appeals, critical motions, and arbitrations. Mr. Eaton is Past President of the Illinois State and Chicago Bar Associations and the Appellate Lawyers Association. He earned his BA from Miami University, his JD from the Southern Illinois University School of Law, and his LLM from the Washington University School of Law.
Noah D. Fiedler is a Shareholder at Barron & Newburger, P.C., in Milwaukee, Wisconsin. He is a member of the Association of Professional Responsibility Lawyers and is an adjunct professor of Professional Responsibility at the University of Wisonsin Law School. Mr. Fiedler earned his A.A. and B.S. from Ambassador University and his J.D. from the University of Wisconsin School of Law.
James R. Figliulo is a Partner at Smith, Gambrell & Russell, LLP, in Chicago, where he focuses his practice on litigation. He is the Founder and Past President of the Chicago Inn of Court, as well as a recipient of the Judge Joel M. Flaum Award. Figliulo is a Fellow of the American College of Trial Lawyers and was the 2005 President of the Seventh Circuit Bar Association. Figliulo received his B.A. cum laude from Saint Mary’s College and his J.D. from the University of Arizona College of Law.
Peter J. Gillespie is a Partner at Laner Muchin, Ltd., in Chicago, where he focuses his practice on employment law-related issues. He is a member of the editorial board of the SciTech Lawyer. Gillespie received his B.A. from Northwestern University and his J.D. from Georgetown University Law Center.
Amanda J. Hamilton is Director of Appeals at Konicek & Dillon, P.C., in Geneva, where she focuses her practice of appellate law, professional liability, civil litigation, and ethics. She has been recognized as a Super Lawyer: Rising Star (2020 – 2022) and as a Leading Lawyers: Emerging Lawyer (2015 – 2022). Ms. Hamilton was also a former Presidential Appointee, U.S. Department of State, and a former White House Intern, Executive Office of the President. She received her B.A. summa cum laude from Augustana College, her M.B.A. magna cum laude from Northern Illinois University College of Business, and her J.D. magna cum laude from Northern Illinois University College of Law.
Mark D. Hansen is a Shareholder at Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he concentrates on commercial litigation, professional liability, and other areas of civil litigation. He is a member of the International Association of Defense Counsel, the Litigation Counsel of America, and the Society of Trial Lawyers. Mr. Hansen received his B.S. cum laude from Northern Illinois University and his J.D. cum laude from the University of Illinois College of Law.
Kathryne R. Hayes is a Partner at Collins Bargione & Vuckovich, in Chicago, where she focuses her practice on professional responsibility and commercial and business litigation. She was named to the 40 Under 40 Illinois Lawyers to Watch list in 2024, has been named a Leading Lawyer Emerging Lawyer from 2022 through 2025, and is a member of the Illinois State Bar Association’s Standing Committee on Professional Conduct. Hayes graduated from the Honors College at the University of Illinois at Chicago and received her J.D. from Chicago-Kent College of Law.
Ira N.Helfgotis a solo practitioner at the Law Offices of Ira N. Helfgot, in Chicago, where he concentrates his practice in commercial litigation, commercial collections, and professional liability law. He is a current member and former board member and officer of the Illinois Creditors Bar Association, a current member and former board member of the Decalogue Society of Lawyers, and a current member of the Illinois State Bar Association. Mr. Helfgot earned his B.A. from Northern Illinois University, where he was a Student of Distinction of the Department of Political Science and a member of the National Political Science Honors, National History Honors, and Mortar Board Societies. He received his J.D. from DePaul University College of Law, where he was a member of the DePaul University Law Review.
Matthew R. Henderson is a Partner at Hinshaw & Culbertson LLP in Chicago, where he focuses his practice on representation of attorneys in all aspects of professional liability and ethics. He is a member of the Chicago Bar Association Committee on Attorney Malpractice and the Professional Responsibility Committee, as well as being a member of the Illinois Defense Counsel and Association of Professional Responsibility Lawyers. Henderson received his B.A. cum laude from the University of Notre Dame and his J.D. cum laude from the University of Minnesota Law School.
Fritz K. Huszagh is an attorney and counselor at FKH Legal, in Vernon Hills,where he concentrates his practice on consulting, counseling, and representation in insurance matters. Mr. Huszagh is a member of the American Bar Association and the Illinois State Bar Association, and he has served on ISBA’s Insurance Section Counsel as both a member and an officer.
Anthony J. Jacob is a Partner at Hinshaw & Culbertson LLP, in Chicago, and concentrates his practice in business law, banking and commercial finance law, real estate law, and election law. In 2013 and 2014, respectively, Jacob was appointed as a member of the investment committee for the board of trustees at the University of Illinois Chicago School of Law (formerly known as the John Marshall Law School) and as a board member at the Institute of Illinois Business Law at Chicago-Kent College of Law. He has previously chaired the Business and Securities Law Section Council of the Illinois State Bar Association. Jacob received his B.A. at Northern Illinois University and both his LL.M. and J.D. from the University of Illinois Chicago School of Law, where he was Student Publications Editor of the UIC Law Review and a member of the moot court team.
Stephanie D. Jones is a Partner at Smith, Gambrell & Russell, LLP, in Chicago, where she focuses her practice on commercial litigation. She is a member of the American Bar Association, the Seventh Circuit Bar Association, and the Chicago Bar Association. Jones received her B.A. cum laude from Williams College and her J.D. cum laude from the University of Michigan Law School.
Daniel F. Konicek is a Partner and Cofounder atKonicek & Dillon, P.C., in Geneva, where his practice is focused on the areas of professional liability, commercial litigation, and personal injury. Mr. Konicek received his B.A. from Purdue University and his J.D. from IIT Chicago-Kent College of Law.
Terrence P. McAvoy is Of Counsel at Hinshaw & Culbertson LLP in Chicago, where he focuses his practice on professional liability and legal malpractice. He is a Member of the American Bar Association, the Chicago Bar Association, and the Defense Research Institute. McAvoy received his B.A. from the University of Illinois and his J.D. from the University of Illinois Chicago School of Law.
Thomas P. McGarry is an independent lawyer and expert consultant. For 39 years, he was a member of Hinshaw & Culbertson LLP, in Chicago, where he served as a leader of the firm’s national Lawyers Professional Responsibility Professional Liability and Risk Management Practice Group and focused his practice on the representation of lawyers and law firms in the areas of professional liability, discipline, and risk management. McGarry is a veteran trial lawyer and a certified mediator in the Cook County Court-Annexed Mediation Program. He was a judicial law clerk to the Hon. James J. Mejda, Illinois Appellate Court, and served in the United States Navy as a commissioned officer. McGarry has been a frequent lecturer on issues of attorney malpractice and ethics for various legal organizations, forums, and law schools. From its inception, he has been the General Editor and chapter author of the Illinois lawyers’ practice manual, ATTORNEYS’ LEGAL LIABILITY, published by IICLE®. For many years he was a co-contributor to a monthly ethics column in Chicago Lawyer magazine. He was published as chapter coauthor in The PROFESSIONAL NEGLIGENCE LAW REVIEW (3d ed. 2020 – 2021). He was a contributing author and editor from 2005 to 2022 in LEGAL MALPRACTICE: THE LAW OFFICE GUIDE TO PURCHASING LEGAL MALPRACTICE INSURANCE. McGarry was also Editor of ATTORNEY DISCIPLINARY PROCEEDINGS: ILLINOIS PRACTICE AND PROCEDURE (Law Bulletin Publishing, 2002). He has been an associate member of the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, the Chicago Bar Association’s Attorney Malpractice and Prevention of Malpractice Committee, the Illinois State Bar Association, the Association of Professional Responsibility Lawyers, and the Professional Liability Underwriters Society. McGarry earned his B.A. from Marquette University and his J.D. from DePaul University College of Law, where he was a published member of the DePaul Law Review. Today, he focuses his private practice on lawyer ethics counseling and litigation expert consulting.
Maureen A. McGuire is a Partner with Anderson Rasor & Partners LLP, in Chicago, where she concentrates her practice in the areas of railroad defense, premises liability, construction litigation, commercial transactions, civil litigation, and corporate and real estate law. Her memberships include the Defense Research Institute, the National Association of Railroad Trial Counsel (current Executive Committee member, President 2021 – 2022), and the Norwood Life Society (current Director, Chair 2011 – 2013). She was listed in Top Lawyers of Chicago, Transportation Law (2012) and was selected as a Leading Lawyer (2017– 2022). She earned her B.A. and B.S. from Loyola University Chicago and her J.D. from DePaul University College of Law.
Sari W. Montgomery is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where she focuses her practice on legal ethics and professional responsibility. She is a Member of the Illinois Supreme Court Committee on Professional Responsibility, is Chair for the American Bar Association’s Standing Committee on Professional Regulation, and is Past Chair for the Illinois State Bar Association’s Standing Committee on Professional Conduct. Montgomery received her B.A. from the University of Chicago and her J.D. from Loyola University of Chicago School of Law.
Justin M. Penn is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on financial services litigation. He is a member of the Legal Advisory Board for the Consumer Relations Consortium. Penn received his B.A. from the University of Notre Dame and his J.D. from the University of Illinois Chicago School of Law.
Mary Robinson is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where she focuses her practice on lawyer and judicial ethics. She is a Member of the Illinois Judicial Ethics Committee, a Former Member of the American Bar Association Committee on Professional Discipline and the ABA Standing Committee on Ethics and Professional Responsibility, and Former Chair of the Planning Committee for the National Conference on Professional Responsibility. Robinson received her B.A. from the University of Illinois Chicago and her J.D. from the University of Southern California.
Elliot R. Schiff is a private practice attorney in Chicago, where he focuses his practice on representing clients who have been damaged from legal malpractice by attorneys. He is the Past President of the Illinois Society of Trial Lawyers and a Past Member of the American Board of Trial Advocates, and was named Fellow of the National Litigation Counsel of America. Schiff received his B.A. from Ohio University and his J.D. from Loyola University Chicago School of Law.
Katherine G. Schnake is a Partner at Hinshaw & Culbertson LLP, in Chicago, where she focuses her practice on professional legal liability. She is a Member of the Chicago Bar Association and the National Association of Women Lawyers, and a Former Member of the Defenses Research Institute. Schnake received her J.D. from the University of Illinois Chicago School of Law.
David M. Schultz is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on consumer financial services. He is a member of the American Bar Association, the Illinois State Bar Association, and the National Creditors Bar Association. Shultz received his B.S. from the University of Illinois and his J.D. from the University of Illinois Chicago School of Law.
Stephanie L. Stewart is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where she focuses her practice on professional legal liability. She was a 2018 recipient of the Carl H. Rolewick Award and has been named as a Special State’s Attorney for both Cook County’s and Winnebago County State’s Attorney’s Offices. Stewart received her B.A. from Iowa State University and her J.D. from Northwestern University Pritzker School of Law.
Adrian M. Vuckovich is a Partner at Collins Bargione & Vuckovich, in Chicago, where he focuses his practice on professional responsibility and commercial and business litigation. He was the 2017 recipient of the Vanguard Award. Vuckovich received his B.A. from the University of Wisconsin-Madison and his J.D. from Loyola University Chicago School of Law.
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