Counsel in personal injury cases beware

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Goldberg Segalla focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted August 4, 2021 11:40 AM

A new decision from the Illinois Appellate Court should give significant pause to both plaintiff and defense practitioners who are handling matters in which a client or a beneficiary is potentially disabled. If this decision becomes what the standard of care requires, and is not limited in some fashion, at even the inkling of a potential disability, counsel may be running to court for approval. As discussed below, this result would be contrary to the Rules of Professional Conduct and fraught with problems for counsel and …

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