When you hire an attorney to represent you in a legal matter, you place your trust in their expertise, judgment, and commitment to advocating for your best interests. A critical aspect of this advocacy involves the proper gathering, evaluation, and presentation of evidence to support your case.
But what happens when your lawyer fails to present crucial evidence that could have changed the outcome of your case? Could this constitute legal malpractice under Illinois law?
What Constitutes Legal Malpractice in Illinois?
Professional malpractice occurs when an attorney fails to provide competent representation, breaching their professional duty to their client and causing measurable harm. In Illinois, establishing a legal malpractice claim requires proving four essential elements:
- An attorney-client relationship that established a duty of care
- A breach of that duty through negligent acts or omissions
- Proximate cause connecting the attorney’s breach to your injury
- Actual damages resulting from the attorney’s negligence
As established in Sexton v. Smith and other Illinois precedents, these elements form the foundation of any viable legal malpractice claim in our state.
When Failure to Present Evidence May Constitute Malpractice
An attorney’s failure to present evidence isn’t automatically malpractice. However, it may rise to that level under certain circumstances:
Negligent Investigation or Discovery
Your attorney has a professional obligation to conduct reasonable investigation and discovery to identify evidence relevant to your case. If your lawyer fails to:
- Interview key witnesses
- Request critical documents during discovery
- Pursue expert testimony when appropriate
- Follow obvious leads that would result in favorable evidence
This failure could constitute negligence if it falls below the standard that a reasonably competent attorney would meet under similar circumstances.
Strategic Versus Negligent Decisions
It’s important to distinguish between strategic decisions and negligent ones. Attorneys must make countless strategic choices about what evidence to present and how to present it. Courts generally defer to an attorney’s professional judgment in these matters.
However, if your attorney:
- Failed to recognize the significance of evidence
- Did not understand the applicable rules of evidence
- Missed filing deadlines for submitting evidence
- Lost or mishandled critical evidence in their possession
These actions may cross the line from legitimate strategy to actionable negligence.
The “Case Within a Case” Requirement
In Illinois legal malpractice claims, you must prove what’s often called the “case within a case.” This means demonstrating that:
- Your attorney’s negligence in failing to present evidence was a breach of their professional duty
- Had the evidence been properly presented, you would have achieved a more favorable outcome in your underlying case
This second element—proving that the missing evidence would have changed the result—is often the most challenging aspect of a legal malpractice claim.
Examples of Potential Malpractice in Evidence Presentation
Consider these scenarios that might support a legal malpractice claim based on failure to present evidence:
- Your personal injury attorney failed to introduce medical records that would have established the full extent of your injuries, resulting in significantly reduced compensation
- In a business dispute, your lawyer neglected to present financial documents showing the other party’s contractual breaches, leading to an unfavorable judgment
- In a property dispute, your lawyer overlooked survey evidence that would have established your boundary claim
Challenges in Proving This Type of Malpractice
Legal malpractice claims based on failure to present evidence face several challenges:
- Expert Testimony Requirements: You’ll typically need an expert witness (another attorney) to testify about the standard of care and how your lawyer’s handling of evidence fell below that standard
- Causation Hurdles: You must demonstrate that the outcome would have been different if the evidence had been presented
- Judgment-Proof Defenses: Your former attorney may argue that decisions about evidence were matters of professional judgment
- Statute of Limitations: In Illinois, you generally have two years from the date you knew or should have known of the malpractice to file your claim
When to Consult a Legal Malpractice Attorney
If you believe your attorney’s failure to present evidence harmed your case, you should consider consulting with a legal malpractice attorney who specializes in these complex claims. At 1818, we recommend seeking legal advice if:
- You’ve discovered evidence your attorney had but failed to present
- Key witnesses were never interviewed or called to testify
- Your attorney admitted to overlooking important evidence
- The judge or opposing counsel noted the absence of crucial evidence during proceedings
Legal Malpractice Claims Require Experience
Legal malpractice claims are particularly complex because they require expertise in both legal malpractice law and the substantive area of law involved in the underlying case. At 1818, we have extensive experience evaluating and litigating professional negligence claims against attorneys who have failed their clients through inadequate evidence presentation.
Remember that not every unfavorable outcome justifies a malpractice claim. However, when an attorney’s handling of evidence falls below professional standards and causes real harm to your case, you deserve accountability and compensation.
Contact 1818
If you believe your attorney’s failure to present evidence constituted legal malpractice and harmed your case, contact 1818 for a confidential consultation. As Illinois’ premier legal and license defense firm, we can evaluate your potential claim and guide you through the process of seeking appropriate remedies.
Our experience with administrative law, professional regulations, and litigation positions us uniquely to advocate for clients who have been harmed by legal malpractice. Call us today to discuss your situation with our experienced legal malpractice team.
