Restraint on Independent Counsel
The two attorneys assigned to the case had never tried a malpractice action. One had never taken depositions in any bodily injury action. Counsel billed 1,129.5 hours for one summary judgment motion described by one of Chicago’s expert witnesses as a “hopeless waste of time.” The total bill for the wasted motion was $180,000. The expert further testified that it was “inconceivable that there weren’t disputes as to issues of fact.”
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