How to sue your lawyer in Illinois.

Section 13-214.3(b) covers any action "based on tort, contract, or otherwise" against a lawyer arising from professional services. In Illinois, a legal malpractice lawsuit must be filed within 2 years from when the plaintiff knew or reasonably should have known of the injury, and in any event within 6 years of the act or omission. That makes the Illinois statute of limitations a discovery rule with a hard backstop.

The 6-year statute of repose

Subsection (c) is a statute of repose: the claim "may not be commenced in any event more than 6 years after the date on which the act or omission occurred." In Evanston Insurance Co. v. Riseborough, 2014 IL 114271, the Illinois Supreme Court held the repose period applies to claims arising from a lawyer's professional services even when the plaintiff was not the lawyer's client.

When the client dies

Subsection (d) handles estate planning. If the injury does not occur until the client's death, the action may be brought within 2 years after the death, or within the probate claim or will-contest period if an estate is opened or a will is admitted to probate. Even then, the action may not be brought more than 6 years after the services were performed.

No continuous representation rule

Illinois appellate courts have repeatedly refused to toll the deadline while the same lawyer keeps representing you, including in Lucey v. Law Offices of Pretzel & Stouffer, 301 Ill. App. 3d 349 (1998), and Bulthaup v. Young, 2025 IL App (1st) 232407. Illinois does not recognize a continuous representation rule in legal malpractice cases, so staying with the lawyer does not extend the 2-year or 6-year limits. Minors and people under a legal disability get extra time under subsections (e) and (f). Compare states in the 50-state deadline table.

Illinois appellate courts, quoting Paulsen v. Cochran, 356 Ill. App. 3d 354 (2005), list five elements. An Illinois legal malpractice plaintiff must plead and prove an attorney-client relationship, a duty arising from it, a breach of that duty, proximate cause, and damages.

For a mistake made in a lawsuit, proximate cause usually means the case within a case: proving you would have won, or recovered more, if the lawyer had done the job right. See the case within a case explained. Losing is not the same as malpractice; see what is not legal malpractice.

Expert testimony

In Barth v. Reagan, 139 Ill. 2d 399 (1990), the Illinois Supreme Court explained that because res ipsa loquitur does not apply to legal malpractice, the standard of care must generally be established through expert witness testimony. The recognized exception is negligence so grossly apparent that a lay jury can see it without help. Illinois has no certificate of merit requirement for lawsuits against lawyers; the affidavit statute in 735 ILCS 5/2-622 is written for healing art malpractice. See legal malpractice expert witnesses.

Illinois is strict here. As the Second District summarized in Rojo v. Tunick, 2021 IL App (2d) 200191, a criminal defendant who sues his defense lawyer for malpractice must plead and prove actual innocence of the charges. Paulsen v. Cochran put it plainly: the plaintiff must prove innocence, which he cannot do unless his conviction has been overturned. In Illinois, a former criminal defendant cannot win a malpractice claim over a conviction without proving actual innocence, and that requires the conviction to be overturned first.

Rojo also held the innocence rule does not have to be alleged for a malpractice claim based on a fee dispute. See criminal defense malpractice and ineffective assistance vs. legal malpractice.

Fee disputes

Illinois has no single statewide bar-run fee arbitration program. The Chicago Bar Association's Committee on Professional Fees helps resolve fee disputes involving any attorney who practices in Illinois, not just CBA members. The committee can review whether a fee was excessive, recommend a refund, refer the lawyer to the ARDC, or, if both sides agree, arbitrate. Chicago Bar Association fee arbitration is binding and enforceable in court only if both the client and the lawyer agree to it. See attorney fee dispute arbitration.

ARDC Client Protection Program

The Illinois Supreme Court's Client Protection Program, run by the ARDC, reimburses losses from a lawyer's intentional dishonesty, and unearned fees that were never refunded by a lawyer who later died or was moved to inactive status. The ARDC Client Protection Program may reimburse up to $150,000 for each loss, and no more than $1,500,000 for the conduct of any one lawyer. The lawyer generally must have been disciplined or have died. Claims filed more than 3 years after you knew of the loss, or more than 1 year after the discipline or death, whichever is later, are not eligible. Negligence is not covered, and filing is free. See stolen client funds.

The Attorney Registration and Disciplinary Commission is the Illinois Supreme Court agency that investigates and prosecutes lawyer misconduct. You can reach it at 312-565-2600 in Chicago or 800-826-8625 within Illinois, or file a complaint through its website.

An ARDC investigation can end in discipline up to disbarment, but it does not award you damages or pause your 2-year malpractice deadline. Discipline does matter for money you lost to theft, because the Client Protection Program generally waits for it. See legal malpractice vs. a bar complaint.

Malpractice insurance in Illinois

Illinois does not require malpractice insurance. Under Supreme Court Rule 756(e), lawyers disclose at annual ARDC registration whether they carry it, and lawyers with private clients who do not report coverage must complete the Proactive Management Based Regulation (PMBR) self-assessment every two years. See does your lawyer have malpractice insurance.

1. Check both clocks. Note when you learned of the injury (2 years) and when the lawyer's act happened (6 years).
2. Get your file. Request your complete client file in writing. See how to get your case file.
3. Watch the estate cases. If a will or trust mistake only surfaced at a death, subsection (d) gives its own timeline, still capped at 6 years from the services.
4. Route the problem. Fees: the CBA committee. Theft: ARDC and the Client Protection Program. Lost case or bad advice: a malpractice review.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney in Illinois who handles legal malpractice claims.