Defeating Estoppel-Based Claims In Legal Malpractice Actions

Recent appellate decisions have demonstrated how many lawyers can use collateral estoppel as a viable defense to legal malpractice claims.

For example, in both LeMaster v. Hynds Yohnka Bzdill & McInerney LLC, [1] and Layden v. O’Donnell Callaghan LLC,[2] the Appellate Court of Illinois – First and Second Districts, respectively – in late September affirmed dismissals of legal malpractice claims based on the doctrine of collateral estoppel. The courts held that material factual issues underlying the malpractice allegations had been conclusively decided in prior litigation, where the plaintiffs had full and fair opportunities to contest those issues.

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