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90_SB0943
735 ILCS 5/13-214.3 from Ch. 110, par. 13-214.3
Amends the Code of Civil Procedure. Under specified
circumstances, extends the period of limitations for an
action against an attorney arising out of an act or omission
in the performance of professional services when the injury
caused by the act or omission does not occur until the death
of the person for whom the professional services were
rendered. Effective January 1, 1998.
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 14-214.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 13-214.3 as follows:
7 (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
8 Sec. 13-214.3. Attorneys.
9 (a) In this Section: "attorney" includes (i) an
10 individual attorney, together with his or her employees who
11 are attorneys, (ii) a professional partnership of attorneys,
12 together with its employees, partners, and members who are
13 attorneys, and (iii) a professional service corporation of
14 attorneys, together with its employees, officers, and
15 shareholders who are attorneys; and "non-attorney employee"
16 means a person who is not an attorney but is employed by an
17 attorney.
18 (b) An action for damages based on tort, contract, or
19 otherwise (i) against an attorney arising out of an act or
20 omission in the performance of professional services or (ii)
21 against a non-attorney employee arising out of an act or
22 omission in the course of his or her employment by an
23 attorney to assist the attorney in performing professional
24 services must be commenced within 2 years from the time the
25 person bringing the action knew or reasonably should have
26 known of the injury for which damages are sought.
27 (c) Except as provided in subsection (d), an action
28 described in subsection (b) may not be commenced in any event
29 more than 6 years after the date on which the act or omission
30 occurred.
31 (d) When the injury caused by the act or omission does
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1 not occur until the death of the person for whom the
2 professional services were rendered, the action may be
3 commenced within 2 years after the date of the person's death
4 unless letters of office are issued or the person's will is
5 admitted to probate within that 2 year period, in which case
6 the action must be commenced within the time for filing
7 claims against the estate or a petition contesting the
8 validity of the will of the deceased person, whichever is
9 later, as provided in the Probate Act of 1975; provided that
10 the extension of the period of limitations contained in this
11 subsection:
12 (1) shall apply only if an error or omission in the
13 performance of professional services is shown by clear
14 and convincing evidence; and
15 (2) shall not apply with respect to any will, trust
16 or other instrument which creates property rights upon
17 the death of the person for whom the professional
18 services were rendered, if the instrument bears the
19 following notice on the first page thereof:
20 "An action against an attorney for professional
21 errors or omissions generally must be filed in court
22 within 2 years from the time the person bringing the
23 action knew or reasonably should have known of the
24 injury, but in no event more than 6 years after the
25 date of the attorney's error or omission.
26 Accordingly, it is advisable to have an attorney
27 review wills, trusts, and other similar instruments
28 at least every 5 years."
29 The extension of the period of limitations contained in
30 this subsection (d) shall not apply with respect to an
31 instrument described in item (2) of this subsection (d) that
32 was executed on or after March 9, 1995 but before the
33 effective date of this amendatory Act of 1997 if the attorney
34 who prepared the instrument sends, not more than 30 days
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1 after the effective date of this amendatory Act of 1997, a
2 copy of the notice set forth in item (2) to the person for
3 whom the professional services were rendered and maintains
4 proof of delivery of the copy of the notice. In the case of
5 an instrument described in item (2) of this subsection (d)
6 that was executed on or after the effective date of this
7 amendatory Act of 1997 but not more than 30 days after the
8 effective date of this amendatory Act of 1997, the extension
9 of the period of limitations contained in this subsection (d)
10 shall not apply if the instrument bears the notice set forth
11 in item (2) or if the attorney who prepared the instrument
12 sends, not more than 30 days after the instrument was
13 executed, a copy of the notice set forth in item (2) to the
14 person for whom the professional services were rendered and
15 maintains proof of delivery of the copy of the notice.
16 (Blank.)
17 (e) If the person entitled to bring the action is under
18 the age of majority or under other legal disability at the
19 time the cause of action accrues, the period of limitations
20 shall not begin to run until majority is attained or the
21 disability is removed.
22 (e-5) A claim for damages against the estate of a
23 deceased attorney arising out of an act or omission in the
24 performance of professional services shall be deemed to be a
25 noncontingent claim for purposes of the limitations on
26 payment of claims from decedents' estates.
27 (f) The provisions of Public Act 86-1371 creating this
28 Section apply to all causes of action accruing on or after
29 its effective date.
30 (g) This amendatory Act of 1995 applies to all actions
31 filed on or after its effective date. If, as a result of
32 this amendatory Act of 1995, the action is either barred or
33 there remains less than 2 years to bring the action, then the
34 individual may bring the action within 2 years of the
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1 effective date of this amendatory Act of 1995.
2 (Source: P.A. 89-7, eff. 3-9-95.)
3 Section 99. This Act takes effect on January 1, 1998.