Article

Duty to Advise Clients of Third-Party Action

The Illinois Appellate Court held that workers™ compensation attorneys had a duty to advise their client of possible third-party actions. The Court reasoned that "any workers™ compensation attorney knows or should know about the possibility of third-party tort actions, as they are referenced in the [Illinois Workers™ Compensation] Act." In reaching its holding, the Court also rejected the defendant-attorneys™ argument that the scope of the representation was limited by the terms of the attorney-client agreement solely to the pursuit of a workers™ compensation claim. Keef v. Widuch, 321 Ill.App.3d 571, 747 N.E.2d 992, 254 Ill.Dec. 580 (1st Dist. 2001).