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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. LRB9002604WHmgA LRB9002604WHmgA 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 -2- LRB9002604WHmgA 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 -3- LRB9002604WHmgA 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 actions31 filed on or after its effective date. If, as a result of32 this amendatory Act of 1995, the action is either barred or33 there remains less than 2 years to bring the action, then the34 individual may bring the action within 2 years of the-4- LRB9002604WHmgA 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.
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