An Illinois appellate court has determined that a legal-malpractice action against a Kansas City-area law firm can proceed, due to the attorneys’ failure to review an arbitration provision in their attorney-client agreement. According to an Aug. 30 opinion, the Illinois First District Appellate Court upheld a Cook County judge’s decision denying a motion to compel arbitration by Humphrey, Farrington & McClain and its attorneys. This allows the claims brought by former client Bryan Dick-Ipsen to move forward.
The case involves attorney Andrew Smith of Humphrey, Farrington & McClain, who represented Dick-Ipsen in an underlying lawsuit. Dick-Ipsen alleged that exposure to toxic chemicals as a dry cleaner led to his development of Parkinson’s disease. Justice Nathaniel R. Howse Jr. noted in the opinion that while other material terms of the attorney-client agreement were discussed, including the fee structure and scope of work, the arbitration clause was never mentioned to the plaintiff.
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