Appellate Court Affirms Dismissal of Untimely Legal Malpractice Suit

Tom Underwood and R.J. VanSwol obtained an appellate victory affirming the dismissal of a legal malpractice suit based on the statute of limitations. P&W's client was an attorney who allegedly advised the plaintiff on the terms of an employment agreement. The plaintiff filed suit against his employer in October 2012, and after entry of judgment for the employer in December 2014, he and his employer settled that suit while the plaintiff's appeal was pending. The plaintiff argued that the two-year statute of limitations for his suit against the attorney did not begin to run until December 2014, but the trial court correctly dismissed his July 2015 suit as untimely, holding that he had incurred damages as soon as he was fired. The Appellate Court affirmed in a published opinion, Nelson v. Padgitt, 2016 IL App (1st) 160571, holding that the statute of limitations barred the plaintiff's suit.