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Chapter 1 — Introduction — The Lawyer as a Professional: How Our Professional Responsibilities Shape Our Practice
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Chapter 2 — Duties to the Client: Defining the Standards of Care
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Chapter 3 — Attorney Liability to Non-Clients
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Chapter 4 — Attorney Liability to Adversaries and Other Third Parties
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Chapter 5 — Legal Malpractice
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Chapter 6 — Litigating the Legal Malpractice Case
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Chapter 7 — Breach of Fiduciary Duty
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Chapter 8 — Attorney-Client Privilege and Attorney-Work-Product Doctrine
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Chapter 9 — Client Trust Accounts
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Chapter 10 — Conflicts of Interest
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Chapter 11 — Duty to the Courts — Sanctions
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Chapter 12 — Statutes Affecting Lawyer Liability
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Chapter 13 — Disciplinary Liability
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Chapter 14 — Attorney Liability Insurance
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Chapter 15 — The Limitation of Liability Through Business Forms
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Chapter 16 — Attorney Liability Risk Management
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Chapter 17 — Lawyers in Transition: Liability Issues Relating to Lawyer Mobility
- Index
- List of Forms
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Mary F. Andreoni
Mary F. Andreoni
Mary F. Andreoni is ethics education counsel for the Illinois Attorney Registration and Disciplinary Commission in Chicago. She focuses her practice on professional responsibility. She has authored several articles, including CLIENT TRUST ACCOUNT HANDBOOK (ARDC) and Ten Questions from Young Lawyers, CBA Rec. (Mar. 1998). Ms. Andreoni is the Past Chair of the Chicago Bar Association Professional Responsibility Committee. She is a member of the CLE Advisory Group for the Illinois Commission on Professionalism. Ms. Andreoni received her J.D. and undergraduate degrees from Loyola University Chicago School of Law.
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Sherri M. Arrigo
Sherri M. Arrigo
Sherri M. Arrigo is a Partner with Donohue Brown Mathewson & Smyth LLC, in Chicago, where she focuses her practice on defending claims of professional malpractice against hospitals, physicians, and lawyers as well as on commercial litigation matters. 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. She is a Fellow with the American College of Trial Lawyers and has received five American Jurisprudence Awards for academic excellence. 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.
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William T. Barker
William T. Barker
William T. Barker is a Partner with Dentons US LLP, in Chicago, where he has a complex litigation practice, concentrating in insurance law, and is a member of Dentons’ Ethics Committee. He is the author of Extrajurisdictional Practice by Lawyers, 56 Bus.Law. 1501 (2001), and continues to write and speak frequently on that subject. Mr. Barker is a coauthor, with Ronald D. Kent, of NEW APPLEMAN INSURANCE BAD FAITH LITIGATION (2d ed.). He is also a member of the American Law Institute and was active in the debates over the RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS concerning the ethical obligations of insurance defense counsel. Mr. Barker was a member of the Editorial Advisory Board of the ABA/BNA Lawyers’ Manual on Professional Conduct (2004 – 2007). He is a member of the American Bar Association Center for Professional Responsibility and of its Policy Implementation Committee, the Board of Directors of the Association of Professional Responsibility Lawyers, the ethics committees of the Chicago Bar Association, and the ABA Sections of Litigation and Tort, Trial & Insurance Practice (Chair, 2014 – 2015). Mr. Barker was Chair of the IADC Ad Hoc Committee on Interstate Practice, an invited participant in the ABA Working Symposium on Multijurisdictional Practice, a member of the Advisory Council of the ABA Ethics 2000 Commission, and a member of the IADC and TIPS task forces on multidisciplinary practice. He earned his B.A. and M.S. from Michigan State University and his J.D. from the University of California.
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James H. Bowhay
James H. Bowhay
James H. Bowhay is a Partner with Figliulo & Silverman, P.C., in Chicago, where he focuses his practice on the representation of businesses and individuals in the areas of professional malpractice, partnership and limited liability company disputes, class actions, and general business litigation. He also devotes a substantial portion of his practice to counseling law firms and other professional clients on organizational and dissolution issues. Admitted to the bar in both Illinois and Wisconsin, Mr. Bowhay has also handled and tried cases in several other jurisdictions, including New York, Florida, Michigan, and Indiana. He received his B.A. from Grinnell College and his J.D. from the University of Illinois College of Law.
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Thomas L. Browne
Thomas L. Browne
Thomas L. Browne is a Partner with Hinshaw & Culbertson LLP in the firm’s Chicago office, where he focuses his practice almost exclusively on the representation of lawyers, having represented hundreds of lawyers and law firms on numerous issues involving civil liability, professional responsibility, and risk management. He is in-house counsel for Hinshaw & Culbertson LLP and is the Past Chair of the firm’s Professional Liability Group. Mr. Browne is a frequent lecturer on the subject of lawyer liability and professional responsibility and has written numerous articles on the law of lawyer liability and professional responsibility matters. He earned his B.A. from Northwestern University and his J.D. with honors from The John Marshall Law School.
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Robert A. Chapman
Robert A. Chapman
Robert A. Chapman is a Partner with Chapman Spingola, LLP, in Chicago, where he concentrates his practice in the prosecution and defense of commercial and professional liability, securities, and real estate-related 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 (West). Mr. 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 Boalt Hall School of Law where he was an Associate Editor of the California Law Review.
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Cortney S. Closey
Cortney S. Closey
Cortney S. Closey is an associate at Morgan, Lewis & Bockius LLP in Chicago, where she concentrates her practice on complex commercial litigation matters, including business disputes, mass tort, products liability, financial, environmental, and white-collar matters. She has given lectures on a variety of topics, including the implications and future of tort reform in Illinois. Ms. Closey received her undergraduate degree with a double major in political science and Spanish from the University of Michigan and her J.D. cum laude from DePaul University College of Law, where she was a Dean’s Scholar, served as an officer of the appellate moot court society, and won national awards for Best Brief and Best Oral Advocate.
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George B. Collins
George B. Collins
George B. Collins is a Partner with Collins Bargione & Vuckovich in Chicago, where he is engaged in litigation practice, including civil litigation, appellate work, disciplinary defense, legal malpractice, and professional responsibility. He has also represented judges before the Judicial Inquiry Board and the Illinois Courts Commission. Mr. Collins has testified as an expert witness in legal malpractice trials and often serves as a consultant in such matters. He has published several articles on white-collar crime defense issues. Mr. Collins is a member of the American, Arkansas, Illinois State, and Chicago Bar Associations and of the Association of Professional Responsibility Lawyers. He received his J.D. from the University of Arkansas, where he was an Associate Editor of the Arkansas Law Review.
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Kent J. Cummings
Kent J. Cummings
Kent J. Cummings is a Partner with Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on working with insurers, insureds, and self-insureds in all aspects of insurance-related law. He works with companies to create effective risk management strategies, including both traditional and nontraditional insurance programs, such as captive insurance, risk retention groups, and risk purchasing groups. Mr. Cummings has authored several articles on a wide variety of insurance issues and lectured in the past on insurance-related matters. He earned his B.A. from the University of Maine and J.D. cum laude from the Loyola University Chicago School of Law.
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J. Timothy Eaton
J. Timothy Eaton
J. Timothy Eaton is a Partner at Taft Stettinius & Hollister LLP, in Chicago, where he concentrates his practice on appellate law and arbitrations. Mr. Eaton is Past President of the Illinois State and Chicago Bar Associations as well as the Appellate Lawyers Association. He earned his B.A. from Miami University, his J.D. from Southern Illinois University School of Law, and his LLM from Washington University Law School.
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James R. Figliulo
James R. Figliulo
James R. Figliulo is a Founding Shareholder in Figliulo & Silverman, P.C., in Chicago. He is a recipient of the Judge Joel M. Flaum Award presented by the Chicago Inn of Court (2015) and the Justice John Paul Stevens Award presented by the Chicago Bar Association and the Chicago Bar Foundation (2015). Mr. Figliulo was recognized by Best Lawyers in America in the categories of Bet-The-Company Litigation, Commercial Litigation, Legal Malpractice Litigation, Securities Litigation, and Banking and Finance Litigation. He was selected Chicago Lawyer of the Year for Securities Litigation (2014) and Chicago Lawyer of the Year for Legal Malpractice Litigation (2012). He is a Fellow of the American College of Trial Lawyers and served as Chair of the Upstate Illinois State Committee (2009).
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William M. Freivogel
William M. Freivogel
William M. Freivogel is a private consultant, in Chicago, to law firms on ethics and professional liability issues. Until 2007, he was Senior Vice President of Loss Prevention at Aon Risk Services and was a member of its Professional Services Group. Mr. Freivogel has written and spoken extensively in the areas of legal ethics and loss prevention. He is the author of FREIVOGEL ON CONFLICTS, a comprehensive online guide to conflicts of interest, available at www.freivogelonconflicts.com. Mr. Freivogel is a member of the Editorial Board of the ABA/BNA LAWYERS’ MANUAL ON PROFESSIONAL CONDUCT. He is a member of the American Law Institute, where he was a member of the Members’ Consultative Group for the RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS project. Mr. Freivogel was a member of the Advisory Council to the American Bar Association Ethics 2000 Commission, and he is a member of the ABA Business Law Section Legal Opinions Committee. He received his B.S. from the University of Illinois and his LL.B. from the University of Illinois College of Law.
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Peter J. Gillespie
Peter J. Gillespie
Peter J. Gillespie is a Partner with Laner Muchin, Ltd., in Chicago, where he represents, defends, and counsels management on a wide array of employment law-related issues, including workplace safety and health; wage and hour laws; covenants not to compete; discrimination and harassment; wrongful discharge; whistleblower claims; class actions; hiring, discipline, promotion, and dismissal decision-making; workplace privacy; and statutory compliance. He handles litigation in both federal and state courts. Mr. Gillespie served as Chair of the Membership and Diversity Committee, ABA Section of Science and Technology Law and as a member of the Editorial Board of the SciTech Lawyer, a publication of the ABA Section of Science and Technology Law. He received his B.A. from Northwestern University as a recipient of the Chick Evans Scholarship and his J.D. from Georgetown University Law Center.
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Theresa M. Gronkiewicz
Theresa M. Gronkiewicz
Theresa M. Gronkiewicz is Deputy Regulation Counsel of the American Bar Association’s Center for Professional Responsibility in Chicago, where she serves as counsel to the Standing Committee on Professional Discipline and addresses various topics concerning lawyer and judicial disciplinary enforcement, ethics, and professional responsibility nationwide. Prior to joining the Center, she was in private practice for 22 years and Of Counsel to Collins, Bargione & Vuckovich in Chicago, representing lawyers, judges, and bar applicants in professional responsibility, ethics, and disciplinary defense matters at various stages of the disciplinary process, including investigations, hearings, and appeals. Ms. Gronkiewicz has appeared before the various boards of the Illinois Attorney Registration & Disciplinary Commission, the Supreme Court of Illinois, the Judicial Inquiry Board, the Illinois Courts Commission, and the Illinois Committee on Character and Fitness. Before entering private practice, she served as Senior Counsel to the ARDC, where she investigated and prosecuted allegations of lawyer misconduct for 6 years. Ms. Gronkiewicz is admitted to the Illinois bar, the United States District Court for the Northern District of Illinois, and the United States Court of Appeals for the Seventh Circuit. She is a frequent speaker on various subjects relating to the ARDC, attorney discipline, ethics, and professional responsibility. Ms. Gronkiewicz is a member of the ABA. She previously served on the Chicago Bar Association Professional Responsibility and Law Practice Management Committees and mentored lawyers under court-ordered probation or supervision to address law practice management issues. Ms. Gronkiewicz received her B.A. from the University of Illinois at Chicago and her J.D. from The John Marshall Law School.
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Ira N. Helfgot
Ira N. Helfgot
Ira N. Helfgot is 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 board member and former officer of the Illinois Creditors Bar Association, a current member and former officer of the Lawyers’ Assistance Program, and a current member and former board member of the Decalogue Society of Lawyers.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, and his J.D. from DePaul University College of Law where he was a member of the DePaul University Law Review.
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Matthew R. Henderson
Matthew R. Henderson
Matthew R. Henderson is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he concentrates his practice in the representation of attorneys in legal malpractice cases and disciplinary proceedings. He has extensive experience litigating consumer class action cases, including actions brought under the Fair Debt Collection Practices Act. Mr. Henderson also represents businesses in contract actions and other commercial disputes. He regularly speaks and writes on attorney malpractice, legal ethics, attorney discipline, and risk management. Mr. Henderson serves on the Chicago Bar Association Committee on Attorney Malpractice and also on the Professional Responsibility Committee. He earned his B.A. cum laude from the University of Notre Dame and his J.D. cum laude from the University of Minnesota.
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Fritz K. Huszagh
Fritz K. Huszagh
Fritz K. Huszagh established his own firm in 2014 with offices in Northbrook and Vernon Hills. Before that, he was a partner in two large firms, in Chicago, where he mainly represented insurers, reinsurers, and insurance producers in litigated and arbitrated matters. In his current practice, he principally represents businesses and individuals in insurance-related disputes. He also provides counsel regarding insurance issues to individuals and various businesses including law firms, manufacturers, contractors, retailers and service providers, consults as an expert, and serves as an arbitrator in insurance-related disputes. He has written for IICLE® and contributed articles for publication by ARIAS US and PLI. He has presented to the American, Illinois State, and Chicago Bar Associations; Blue Cross Blue Shield Association; ARIAS US; and the Oregon Association of Defense Counsel. He served as Chairman of the ISBA Insurance Law Section Council. Mr. Huszagh obtained his B.A. from St. Olaf College and his J.D. with honors from IIT Chicago-Kent College of Law.
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Rex K. Linder
Rex K. Linder
Rex K. Linder is a Shareholder with Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he concentrates his practice in product and professional liability. He has authored a chapter of the DEFENSE COUNSEL TRAINING MANUAL, Winning the Defense Verdict, and numerous articles in professional journals and frequently lectures on products liability, professional liability, and trial tactics. Mr. Linder has also served on the faculty of the Defense Counsel Trial Academy. He is a Past President of the International Association of Defense Counsel and was Chair of both its State Membership and Product Liability Committees. Mr. Linder is a member of the Illinois Association of Defense Trial Counsel and served as Cochair of its Product Liability Committee. He was on the Board of Directors of the Defense Research Institute and is a Past President of the Lawyers for Civil Justice. Mr. Linder is also a Fellow in the American College of Trial Lawyers, a member of the Society of Trial Lawyers (Illinois), an Illinois Super Lawyer, and a Leading Lawyer. He is a member of the Bar Associations of Central and Southern Federal Districts (President, 2007 – 2010), the Seventh Circuit Bar Association (Liaison, Central District of Illinois), and the Peoria County (President, 2005 – 2006), Illinois State, and American Bar Associations. Mr. Linder received his B.S. from Bradley University and his J.D. from Washburn University School of Law.
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Terrence P. McAvoy
Terrence P. McAvoy
Terrence P. McAvoy is a Partner with Hinshaw & Culbertson LLP, in Chicago, where his practice is concentrated in the defense of professional liability and legal malpractice claims. He holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability; is a member of the Leading Lawyers Network, where he was selected by his peers as a Leading Lawyer in Commercial Litigation and Professional Malpractice Defense Law (2008 – present), and is the Past Chair of the Chicago Bar Association’s Committee on Attorney Malpractice. He is a member of the Chicago, Illinois State, and American Bar Associations. He is also a member of the Defense Research Institute, the Illinois Association of Defense Trial Counsel, and the Professional Liability Underwriters Society. Mr. McAvoy earned his B.S. at the University of Illinois Urbana-Champaign and his J.D. with distinction from The John Marshall Law School, where he served on the staff of The John Marshall Law Review.
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Thomas P. McGarry
Thomas P. McGarry
Thomas P. McGarry is a Partner with Hinshaw & Culbertson LLP, in Chicago, where he serves as a member of the firm’s Legal Ethics and Professional Responsibility Committee. He focuses his practice almost exclusively on the representation of lawyers and law firms in the areas of professional liability, discipline, and risk management. Mr. 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. Mr. McGarry is a frequent lecturer on issues of attorney malpractice and ethics for various legal organizations and is a co-contributor to a monthly ethics column in the Chicago Lawyer magazine. He has authored chapters on attorney communications published in the DEFENSE COUNSEL PRACTICE MANAGEMENT MANUAL (International Association of Defense Counsel) and the 2005, 2012, and 2018 editions of LEGAL MALPRACTICE: THE LAW OFFICE GUIDE TO PURCHASING LEGAL MALPRACTICE INSURANCE. Mr. McGarry was also Editor of ATTORNEY DISCIPLINARY PROCEEDINGS: ILLINOIS PRACTICE AND PROCEDURE (Law Bulletin Publishing, 2002). He is 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 Association of Professional Responsibility Lawyers, and the Professional Liability Underwriters Society. Mr. McGarry earned his B.A. from Marquette University and his J.D. from DePaul University College of Law where he was a member of the DePaul Law Review.
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Maureen A. McGuire
Maureen A. McGuire
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, corporate and real estate law. Her memberships include the Illinois State and American Bar Associations, the Women’s Bar Association of Illinois, the Defense Research Institute, the Illinois Creditors Bar Association, the National Association of Railroad Trial Counsel (current Executive Committee member), the Academy of Hospitality Industry Attorneys, the Trucking Industry Defense Association, and the Norwood Life Society (current Director, Chairman 2011 – 2013). She was listed in Top Lawyers of Chicago, Transportation Law (2012), and was selected as a Leading Lawyer (in 2017). She earned her B.A. and B.S. from Loyola University Chicago and her J.D. from DePaul University College of Law.
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Justin M. Penn
Justin M. Penn
Justin M. Penn is a Partner with Hinshaw & Culbertson LLP, in Chicago, where his practice focuses on litigation with a particular emphasis on professional liability litigation, including legal malpractice defense and consumer class actions. He has defended cases in jurisdictions across the country. Mr. Penn joined Hinshaw & Culbertson LLP as a law clerk and later became an associate. During law school, he was a judicial extern for the Honorable Wayne Anderson, United States District Judge for the Northern District of Illinois. Mr. Penn earned his B.A. from the University of Notre Dame and his J.D. from The John Marshall Law School.
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Elliott R. Schiff
Elliott R. Schiff
Elliot R. Schiff is a Founding and Managing Partner with Schiff Gorman LLC, in Chicago, where he concentrates his practice in attorney malpractice. Mr. Schiff is a member of the Illinois State and Chicago Bar Associations, the Illinois Trial Lawyers Association, the American Board of Trial Advocates, and the Society of Trial Lawyers, where he served as President (2011). He has served as Chair of the Illinois Defense Counsel for Professional Responsibility, is a Past Chair of the CBA for Professional Liability, participated on the CBA Committee on Professional Responsibility, and lectured for the CBA’s Trial Advocacy Program. Mr. Schiff earned his B.A. from Ohio University and his J.D. from Loyola University Chicago School of Law.
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J. Matthew Thompson
J. Matthew Thompson
J. Matthew Thompson is a Partner with Heyl, Royster, Voelker & Allen, P.C., in Peoria, where his practice is concentrated on the defense of hospitals, physicians, nurses, and other professionals in professional negligence cases, products liability defense, and business and commercial litigation. He is a coauthor of the Health Law column for the Illinois Association of Defense Trial Counsel Quarterly and has published multiple articles in the Southern Illinois University Law Journal. Mr. Thompson has been named a Rising Star by Illinois Super Lawyers (2012 – 2014) and recognized as an Emerging Lawyer by Leading Lawyers. He received his B.S. from Culver-Stockton College and his J.D. from Southern Illinois University School of Law.
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Michael J. Wagner
Michael J. Wagner
Michael J. Wagner is a Principal with Baker & McKenzie LLP in Chicago. He is the immediate Past Chair of the firm’s Global Pharmaceutical & Healthcare Industry Group and is Chair of the North American Pharmaceutical & Healthcare Industry Group. Mr. Wagner also serves on the firm’s global Executive Committee. In addition, he heads the firm’s Product Liability, Safety, and Recall Practice. His practice focuses on civil litigation, with particular emphasis on commercial and tort litigation for global companies. Mr. Wagner has authored articles and given speeches on a wide range of litigation-related subjects, including attorney-client privilege, global product recalls, corporate crisis management, trade secret misappropriation, and the RESTATEMENT (THIRD) OF TORTS: PRODUCTS LIABILITY. He is the Coeditor of the GLOBAL ATTORNEY-CLIENT PRIVILEGE HANDBOOK (1st ed. 2010, 2d ed. 2014) and the coauthor of the United States chapter. Mr. Wagner also served as Coeditor of the GLOBAL PRODUCT RECALL HANDBOOK (3d ed. 2013). It is the only book to address the recall laws and regulations of 40 jurisdictions in a single source. He also authored Preventing and Defending Product Liability Claims: Minimizing Their Media, Monetary, and Reputational Repercussions, a chapter in STRATEGIES FOR LIMITING LIABILITY (Aspatore Books, 2008). Mr. Wagner coauthored Drug and Device Product Recalls: Prevention and Plan of Action, a chapter in the CROSS-BORDER LIFE SCIENCES HANDBOOK (Practical Law Company, 2011). He earned his B.S.J. from Northwestern University’s Medill School of Journalism and his J.D. from the University of Wisconsin Law School.
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Jennifer W. Weller
Jennifer W. Weller
Jennifer W. Weller is a Partner with Hinshaw & Culbertson LLP, in Chicago, where she concentrates her practice on the defense of lawyers and other professionals, debt collectors, and creditors. She has defended debt-collection agencies, lawyers, and creditors in numerous class action lawsuits involving claims brought pursuant to the Fair Debt Collection Practices Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, the Fair Credit Reporting Act, and various other state and federal laws. Ms. Weller earned her B.A. from the University of Illinois and her J.D. from Loyola University Chicago School of Law where she was an Editor-at-Large on the Loyola University Chicago Law Journal.
Attorneys' Legal Liability (ARCHIVED 2014 EDITION)
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