George W. Spellmire
Legal Malpractice Law: Legal Ethics and Professional Responsibility; Accountant Professional Liability; Professional Ethics; Commercial Litigation; Securities Litigation.
George W. Spellmire is one of the country’s leading professional liability litigation lawyers. He has more than thirty years of experience and has supervised thousands of professional liability cases. He represents private and public corporations, law firms and individuals in litigation, trials and alternative dispute resolution involving professional liability and disciplinary issues. He has tried many legal malpractice and accounting cases and is a Fellow of the American College of Trial Lawyers. Recognized by The National Law Journal as one of the most prominent professional malpractice lawyers in the United States, he has been included in The Best Lawyers in America since 1995. He is a member of the Leading Lawyers Network and recognized as an Illinois Super Lawyer. In Ruttenberg v. Pedersen & Houpt, P.C., Mr. Spellmire achieved the largest legal malpractice verdict in Cook County, Illinois, and that record still stands today.
Education
- J.D., DePaul University, 1974
- B.A., Ohio State University, 1970
- Brown University, (attended 1966-67)
Areas of Practice
Accountant Malpractice, Legal Malpractice, Financial Malpractice, Insurance Coverage
Admissions
- Illinois, 1974
- United States District Court, Northern District of Illinois, 1974
- United States Court of Appeals, Seventh Circuit, 1984
- United States District Court, Western District of Wisconsin, 2008
- United States District Court, Northern District of Indiana, 2009
- Supreme Court of the United States, 1994
- Federal Trial Bar
- United States Tax Court
Professional Activities
- Spellmire Bruck, LLP (2018 – )
- Spellmire Law Firm LLC (2010 – 2018 )
- Spellmire & Sommer (2003 – 2010)
- D’Ancona & Pflaum LLC (1998-2003)
- Hinshaw & Culbertson: Partner in Charge of 400-professional multi-state law firm Professional Liability Practice (1985 -1998); Executive Committee (1984-1998); Chairman of the Ethics Committee (1987-1998)
- American College of Trial Lawyers (1995- ): Legal Ethics Committee (2000-2004)
- Society of Trial Lawyers (1988- )
- The Chicago Lincoln Inn of Court (1994-1998)
- Northwestern University: Adjunct Professor, School of Law (1993- )
- International Association of Defense Counsel (1988-): Legal Malpractice Committee (1988-), Secretary (1992-93), Vice-Chair of Programs and Projects (1993-95), Professional Errors and Omissions Substantive Law Committee (1995-), Advocacy Practice and Procedure Committee (1994-), Medical Malpractice Committee (1995-), Special Committee on Defense Counsel Practice Management (1989-1995), Special Committee on Professional Responsibility (1993-1997)
- Defense Research Institute: Chairman, Lawyers Professional Responsibility Committee (1995-1996)
- Professional Liability Underwriting Society (1993-1998)
- American Bar Association
- Associate National Legal Malpractice Data Center Standing Committee on Professional Liability
- Chicago Bar Association: Judicial Evaluation Committee (1992-1993), Commercial Litigation Committee (2003- )
- Illinois State Bar Association
- Drafted Illinois Legal Malpractice Statute of Limitations
Expert Witness Testimony
- MDA v. DLA Piper
- Kallestad v.Collins
- E&M Investments v. Katten Muchin et al.
- Beeland v. McGuire Woods
- Ingram v. Callpod
- Lauralee K. Bell, Trustee v. Levenfeld Pearlstein, et al.
- First Merit v. Canel, et al.
- Amway v. Proctor & Gamble
- Hanselman v. Baird
Membership
- American College of Trial Lawyers, Fellow
- Society of Trial Lawyers
- Chicago and Illinois State and American (Standing Committee on Professional Liability) Bar Associations
- International Association of Defense Counsel (Advocacy Practice and Procedure Committee, Legal Malpractice Committee, Medical Malpractice Committee, Professional Errors and Omissions Substantive Law Committee)
- Defense Research Institute
- Professional Liability Underwriting Society
Presentations
- Hot Topics in Agriculture—Legal Malpractice for the Agricultural Attorney, Illinois State Bar Association, February 1, 2013, Bloomington-Normal
- Accountants’ Liability to Non-clients, International Association of Defense Counsel, May 17, 2012, Chicago, Illinois
- Ethics for Intellectual Property Lawyers, Chicago Bar Association, February 1, 2012, Chicago, Illinois
Hot Topics in Agriculture—Legal Malpractice for the Agricultural Attorney, Illinois State Bar Association, February 4, 2011, Bloomington-Normal - 2010 Rules of Professional Conduct and Legal Professionalism Standards, National Business Institute, May 20, 2010, Oak Brook Illinois
- ABA Working Group on Legal Opinions, Fall Seminar, October 20, 2009, New York, New York
- Special Issues for In-House Counsel, Law Seminars International, June 18, 2008
- Legal Ethics: Solutions to the Most Common Challenges, National Business Institute, June 11, 2008
- The Sub-Prime Loan Crisis: The Impact on Professionals, International Association of Defense Counsel Professional Liability Roundtable, May 8, 2008
- Legal Malpractice Roundtable, CNA Insurance, October 30, 2001
- Disarming Experts and Other Legal Malpractice Challenges, Great American Insurance Group Legal Ethics Seminar, October 12-13, 2001
- Copernicus v. Flat Earth Society: Expert Testimony Under Daubert and Kumho, International Association of Defense Counsel, 2001 Midyear Meeting
- How-To’s of Selecting the Ethics and Substantive Experts, ABA Fall 2000 National Legal Malpractice Conference
- Avoiding Legal Malpractice, Chicago Bar Association, Young Lawyers Section, April, 1986
- Lawyer Competence: Administrative Management Aspects of Law Practice, American Bar Association Regional Conference on Lawyer Competence, April, 1989
- Legal Malpractice, Northwest Suburban Bar Association, February, 1985
- Legal Malpractice, Madison County Bar Association, January, 1981
- Kane County Bar Association, March, 1988
- Chicago Bar Association, Young Lawyers Section CLE, March, 1987
- Colorado Bar Association, CLE, June, 1986
- Illinois Institute for Continuing Education, January, 1982
- Legal Malpractice and Prevention, Illinois State Bar Association, Outreach Meeting, January, 1981
- Winnebago County Bar Association, November, 1987
- Illinois State Bar Association, January, 1982
- Practical Tips in Handling Sanction Motions, IADC, June, 1987
- Sanctions and Illinois Section 2-611, Chicago Bar Association, April, 1989
- The Practitioner and Legal Malpractice: Insurance, Liability and Loss Prevention, DePaul University College of Law, October, 1986
- 1990 IICLE Seminar Statutory Liability of Accountants, May 22, 1990, Accountant’s Liability and Malpractice
- 1991 CLE Lawyers Loss Control Seminars
- Arizona (Phoenix, Tucson), Tennessee (Chattanooga), Illinois (Chicago (7), Peoria (2), Rolling Meadows, Champaign) Texas (Houston, Dallas), Tennessee (Memphis, Nashville), Indiana (Indianapolis (3)), Michigan (Grand Rapids, Detroit), New York (Rochester, Buffalo), Arkansas (Hot Springs, Little Rock), Washington (Seattle (2)), Wisconsin (Madison (2), Milwaukee)
- 1992 CLE Lawyers Loss Control Seminars
- Tennessee (Chattanooga, Memphis, Nashville), Arizona (Phoenix, Tucson), Indiana (Evansville, Indianapolis), Illinois (Chicago (3), Peoria, Springfield, Joliet, Northbrook), Michigan (Grand Rapids, Flint) Kansas (Overland Park)
- 1993 CLE Lawyers Loss Control Seminars
- Arkansas (Little Rock (2), Hot Springs), Arizona (Phoenix), Ohio (Cleveland, Cincinnati), Tennessee (Memphis, Nashville), Illinois (Chicago (3), Charles, Peoria, Springfield, Northbrook), Wisconsin (Wausau, LaCrosse), Michigan (Detroit), Indiana (Indianapolis (2), Ft. Wayne), New Mexico (Albuquerque), Missouri (St. Louis), Arkansas (Springdale)
- 1994 CLE Lawyers Loss Control Seminars
- Illinois (Chicago (3), Peoria (2), Springfield, Northbrook), Indiana (Indianapolis), Arkansas (Little Rock, Hot Springs), Arizona (Phoenix), California (San Francisco, San Diego, Los Angeles), Cleveland (Ohio, Colorado (Denver), Minnesota (Minneapolis), Tennessee (Memphis, Michigan (Detroit) Wisconsin (Madison, Milwaukee)
- 1995 CLE Lawyers Loss Control Seminars
- Illinois (Chicago (5), Westmont, Peoria, Collinsville), California (Los Angeles) Tennessee (Knoxville, Memphis, Nashville), Michigan (Lansing), Indiana (Indianapolis), Colorado (Denver), Wisconsin (Oconomowoc), Arizona (Phoenix), Missouri (St. Louis), Indiana (Evansville)
- 1996 CLE Lawyers Loss Control Seminars Illinois (Chicago) (Peoria)
- 1997 CLE Lawyers Loss Control Seminars Hawaii, Illinois (Chicago, Collinsville)
- Defense Counsel Malpractice Issues, Illinois Defense Counsel September, 1996
- 1995 Preventing Malpractice, Phelan, Pope, Cahill & Devine, May 15, 1995
- 1995 CBA Legal Malpractice Program, Chicago Bar Association, May 12, 1995
- 1995 Preventing Malpractice: Learn From the Experts, Chicago Bar Association May 12, 1995
- Business v. Legal Advice, DuPage County Bar Association, March 27, 1993
- Insurance Issues and Legal Malpractice, Professional Liability Underwriter’s Society, November 12, 1993
- Legal Malpractice Claims, Coffield, Ungaretti & Harris, September 23, 1993
- NIU Ethics Conference, Kane County Public Defenders, October 21, 1993
- Legal Malpractice and Environmental Law, ABA Standing Committee Lawyer’s on Professional Liability, (San Francisco) April 22, 1994
- Legal Malpractice in Worker’s Compensation Law Practice, Workers Compensation Lawyers Association (October, 1992; March, 1994)
- Ethics and Environmental Law, The Bar Association of San Francisco (January 1995)
- Loss Prevention Seminar, Chicago Bar Association, May 16, 1994
- Litigation Malpractice “Tips & Traps”, Chicago Bar Association, June 27, 1994
- Malpractice Prevention Lohrman, Business Center, Inc., December 1, 1994
- Challenges of Professionalism in Business Law Practice, Illinois State Bar Association, November 10, 1994
- Liability and Ethical Considerations For The Environmental Practitioner, The Bar Association of San Francisco, January, 1995
- Liability and Ethical Considerations For The Environmental Practitioner, The Bar Association of San Francisco, January, 1996
- Roundtable on Professional Responsibility, Illinois State Bar Association, November 10, 1995
- Professional Responsibility, Chicago Bar Association, Judicial Circuit Court Committee, February 1993
- Lawyer Disqualification: Disciplinary and Malpractice Implications, ABA 22nd National Conference on Professional Responsibility, May 30, 1996.
- Who is the Client? The Tripartite Relationship, Illinois Association of Defense Trial Counsel, January 24, 1997
- Legal Malpractice Issues Evolving Standards of Liability, ATLLP George W. Spellmire, June 23, 1997
- The Trial of the Legal Malpractice Case: The Standard of Care vs. Custom and Practice “, Chicago Bar Association Committee on the Prevention of Attorney Malpractice, January 5, 1999
- Does the Attorney-Client Privilege Protect Advice by House Counsel for a Law Firm?, Association of Professional Responsibility Lawyers, August 6, 1999
- Legal Malpractice in Family Law – Scope of the Attorney’s Duty, Chicago Bar Association Adoption Law Committee, September 14, 1999
- Economic Damages: Proof of Lost Profits and diminished enterprise value, November 30, 2007, Peninsula Hotel, Chicago, Illinois, Econ One CLE Seminar
- Appellate Lawyer Malpractice, Illinois Appellate Lawyers’ Association, May 6, 2004.
- Skeletons in the Closet and Sleepless Nights, Northern Estate Planning Council, April 24, 2002.
Publications
- Negligent Settlement – The Retreat of the “Case Within the Case” Doctrine and the “But For” Rule, International Association of Defense Counsel Newsletter, No. 2 (April 2001); International Association of Defense Counsel Defense Counsel Journal, Vol. 68, No. 4 (October 2001)
- When a Non-Client Has the Right to Sue You, George Spellmire and Phillip Shawn Wood, Accounting Liability Alert, January 1999
- Accounting, Auditing and Financial Malpractice, George W. Spellmire, Wayne Baliga and Debra A. Winiarski, Harcourt Brace Jovanovich, 1998
- Accountants’ Liability to Non-Clients, George W. Spellmire, 1998, Accounting Liability Alert, Harcourt & Brace Professional Publishing, 1998
- A Digest of State and Federal Cases citing the Restatement of the Law Governing Lawyers, Thomas P. McGarry and George W. Spellmire, Professional Liability Underwriting Society 10th Annual International Conference, Chicago, Illinois, November 12-14, 1997
- The Practice of Law and Conflicts of Interest: Living Close to the Line, George W. Spellmire and Susan A. Tweet, Counselor, The Lawyers Professional Liability Association, Vol. VI, Issue III
- Legal Malpractice Issues in Arizona Family Law, Arizona State Bar Convention – Family Law Section Seminar, June, 1997
- Legal Malpractice Issues Evolving Standards of Liability, ATLLP George W. Spellmire, June 23, 1997
- Achieving Excellence in a Defense Practice, IADC George W. Spellmire, May 12, 1995
- Law Firm Wakeups, Shakeups and Breakups, IADC George W. Spellmire and Jeffrey R. Platt, 1995
- Ethical Implications and Malpractice Considerations for Law Firm Changes, International Association of Defense Counsel, February, 1995
- Accountant’s Legal Liability, George W. Spellmire, Wayne Baliga and Debra A. Winiarski, Harcourt Brace Jovanovich, 1993
- Attorney Disciplinary Proceedings: Illinois Practice and Procedure, Hinshaw & Culbertson, 1991
- Illinois Supreme Court Provides Defense Lawyers With Another Tool to Dismiss Lawsuits, George W. Spellmire and Ellen L. Zopff, Hinshaw & Culbertson
- Attorney Communications, Chapter, IADC Defense Management Manual, 1991
- Office Sharing, Partnership Dissolution and Malpractice Exposure, Illinois State Bar Association Newsletter, Illinois State Bar Association, 1991
- Attorney Malpractice: Prevention & Defense, Dennis J. Horan and George W. Spellmire, Garland Publishing, 1990
- Communications with Clients and Non-Clients, Control Manual, September, 1990
- The Practice of Law and Conflicts of Interest: Living Close to the Line, George Spellmire and Susan A. Tweet, Illinois Bar Journal, Vol. 77, No. 9, 1989
- The Associates’ Primer for the Prevention of Legal Malpractice, George W. Spellmire, Garland Publishing, Spring, 1987
- Rule 11: Practice and Procedure, George W. Spellmire, International Association of Defense Counsel (August, 1987)
- Practical Tips in Handling a Legal Malpractice Case: Complaint Through Trial, Thomas L. Browne and George W. Spellmire, American Journal of Trial Advocacy, Volume 9:3, 1986
- Professional Liability, Attorneys, 1986 Supplement, George W. Spellmire, Illinois Institute for Continuing Legal Education, December, 1986
- Legal Liability of Attorney-Shareholders, Professional Legal Corporations, and Professional Legal Associations, George W. Spellmire, IADC Newsletter, 1985
- Illinois Handbook on Legal Malpractice, Dennis J. Horan and George W. Spellmire, Etema Press, 1982
- Lawyer’s Liability in Illinois: Current Legal Issues, George W. Spellmire, Illinois Bar Journal, January, 1981
Reported Cases
- Lurie v. Wolin, 2014 IL App (1st) 130661-U appeal denied, No. 117668, 2014 WL 4799194 (Ill. Sept. 24, 2014)
- Scottie Pippen and Air Pip, Inc. v. Pedersen & Houpt, James J. Clarke II and Peer Pedersen, 2013 IL App. (1st) 111371
- Heintz v. Jenkins, 514 U.S. 291, 115 S. Ct. 1489,131 L.Ed.2d 395 (1995)
- Jenkins v. Heintz, 25 F.3d 536 (7th Cir. 1994) Jenkins v. Heintz, 124 F.3d 824 (7th Cir. 1997)
- Mace v. Van Ru Credit Corp., 109 F.3d 338 (7th Cir. 1997) Avila v. Rubin, 84 F.3d 222 (7th Cir. 1996)
- Havoco of America, Ltd. v. Freeman, Atkins & Coleman, Ltd., 58 F.3d 303 (7th Cir. 1995)
- Havoco of America, Ltd. v. Freeman, Atkins & Coleman, Ltd., 856 F. Supp. 466 (N.D. Ill. 1994)
- A.O. Smith Corp. v. Lewis, Overbeck & Furman, 979 F.2d 546 (7th Cir. 1992)
- A.O. Smith Corp. v. Lewis, Overbeck & Furman, 777 F. Supp. 1405 (N.D. Ill. 1991)
- Brandt v. Schal Assoc., Inc., 960 F.2d 640 (7th Cir. 1992)
- Brandt v. Schal Assoc., Inc., 121 F.R.D. 368 (N.D. Ill. 1988)
- Brandt v. Schal Assoc., Inc., 131 F.R.D. 485 (N.D. Ill. 1990)
- Brandt v. Schal Assoc., Inc., 131 F.R.D. 512 (N.D. Ill. 1990)
- Davenport v. A.C. Davenport & Son Co., 903 F.2d 1139 (7th Cir. 1990)
- Marrese v. Interqual, Inc., 748 F.2d 373 (7th Cir. 1984)
- Terrell v. Childers, 920 F. Supp. 854 (N.D. Ill. 1996)
- Terrell v. Childers, 889 F. Supp. 311 (N.D. Ill. 1995)
- Transcraft, Inc. v. Galvin, Stalmack, Kirschner & Clark, 39 F.3d 812 (7th Cir. 1994)
- Mid America Title Co. v. Kirk, 991 F.2d 417 (7th Cir. 1993)
- Doe v. Roe, 958 F.2d 763 (7th Cir. 1992)
- Sullivan v. Freeman, 944 F.2d 334 (7th Cir. 1991)
- Renovitch v. Kaufman, 905 F.2d 1040 (7th Cir. 1990)
- Greycas, Inc. v. Proud, 826 F.2d 1560 (7th Cir. 1987)
- Reis v. Morrison, 807 F.2d 112 (7th Cir. 1986)
- Cortes v. Gratkowski, 795 F. Supp. 248 (N.D. Ill. 1992)
- Excalibur Oil, Inc. v. Sullivan, 659 F. Supp. 1539 (N.D. Ill. 1987)
- Mid-America Title Co. v. Kirk, 867 F. Supp. 673 (N.D. Ill. 1994)
- Continental Casualty Co. v. Flomenhoft, 263 Ill. App. 3d 22, 640 N.E.2d 290 (1994)
- Jewish Hospital of St. Louis v. Boatmen’s Nat’l Bank of Belleville, 261 Ill. App. 3d 750, 633 N.E.2d 1267 (1994)
- Sohaey v. Van Cura, 240 Ill. App. 3d 266, 607 N.E.2d 253 (1992)
- Smith v. Anson, 801 F. Supp. 176 (S.D. Ill. 1992)
- Klass v. Winstein, Kavensky, Wallace & Doughty, 219 Ill. App. 3d 817, 579 N.E.2d 365 (1991)
- Stedman v. Hoogendoorn, Talbot, Davids, Godfrey & Milligan, 843 F. Supp. 1512 (N.D. Ill. 1994)
- Wielgos v. Commonwealth Edison Co., 127 F.R.D. 135 (N.D. Ill. 1989)
- Curtis v. Radio Representatives, Inc., 696 F. Supp. 729 (D.D.C. 1988)
- Andersen v. Roszkowski, 681 F. Supp. 1284 (N.D. Ill. 1988)
- First Financial Leasing Corp. v. Hartge, 671 F. Supp. 538 (N.D. Ill. 1987)
- First Interstate Bank of Nevada, N.A. v. National Republic Bank of Chicago, 1986 WL 6928 (N.D. Ill. 1986)
- Lipin Enterprises v. Lee, 803 F.2d 322 (7th Cir. 1986)
- Lipin Enterprises, Inc. v. Lee, 625 F. Supp. 1098 (N.D. Ill. 1985)
- First Interstate Bank of Nevada, N.A. v. National Republic Bank of Chicago, 1985 WL 1118 (N.D. Ill. 1985)
- General Accident Ins. Co. of America v. Schoendorf & Sorgi, 202 Wis.2d 98, 549 N.W. 2d 429 (1996)
- McDowell v. Waldron, 920 S.W.2d 555 (Mo. App. E.D. 1996)
- Tompkins v. Cervantes, 917 S.W.2d 186 (Mo. App. E.D. 1996)
- Apostolou v. Geldermann, 919 F. Supp. 289 (N.D. Ill. 1996)
- General Accident Ins. Co. of America v. Schoendorf & Sorgi, 195 Wis.2d 784, 537 N.W.2d 33 (1995)
- Ogle v. Hotto, 273 Ill. App. 3d 313, 652 N.E.2d 815 (1995)
- Donovan v. Nellis, 528 F. Supp. 538 (N.D. Fla. 1981) Doe v. Roe, 289 Ill. App. 3d 116, 681 N.E.2d 640 (1997)
- Bonanno v. Potthoff, 527 F. Supp. 561 (N.D. Ill. 1981)
- Claypool v. Levin, 209 Wis.2d 284, 562 N.W.2d 584 (1997)
- Brown-Seydel v. Mehta, 281 Ill. App. 3d 365, 666 N.E.2d 800 (1st. Dist. 1996)
- S.C. Vaughan Oil Co. v. Caldwell, Troutt and Alexander, 285 Ill. App. 3d 77, 673 N.E.2d 1156 (1996)
- Majumdar v. Lurie, 274 Ill. App. 3d 267, 653 N.E.2d 915 (1st Dist. 1995)
- Wells v. Enloe, 282 Ill. App. 3d 586, 669 N.E.2d 368 (1996)
- Sharpenter v. Lynch, 233 Ill. App. 3d 319, 599 N.E.2d 464 (2nd Dist. 1992)
- Claypool v. Levin, 195 Wis.2d 535, 536 N.W.2d 206 (1995)
- Ores v. Kennedy, 218 Ill. App. 3d 866, 578 N.E.2d 1139 (1st Dist. 1991)
- Nika v. Danz, 199 Ill. App. 3d 296, 556 N.E.2d 873 (4th Dist. 1990)
- B.T. Explorations, Inc. v. Stanley, 187 Ill. App. 3d 23, 542 N.E.2d 1292 (1st Dist. 1989)
- First Nat. Bank of Sullivan v. Brumleve and Dabbs, 183 Ill. App. 3d 987, 539 N.E.2d 877 (4th Dist. 1989)
- Turk v. Wright & Babcock, Ltd., 174 Ill. App. 3d 139, 528 N.E.2d 993 (3rd Dist. 1988)
- Competitive Food Systems, Inc. v. Laser, 170 Ill. App. 3d 606, 524 N.E.2d 207 (2nd Dist. 1988)
- Shanley v. Barnett, 168 Ill. App. 3d 799, 523 N.E.2d 60 (1st Dist. 1988)
- Prather v. McGrady, 261 Ill. App. 3d 880, 634 N.E.2d 299 (1994)
- Brooks v. Brennan, 255 Ill. App. 3d 260, 625 N.E.2d 1188 (5th Dist. 1994)
- Garcia v. Pinto, 258 Ill. App. 3d 22, 629 N.E.2d 103 (1993)
- Schechter v. Blank, 254 Ill. App. 3d 560, 627 N.E.2d 106 (1993)
- Person v. Behnke, 242 Ill. App. 3d 943, 611 N.E.2d 1350 (1993)
- Beastall v. Madson, 235 II1.App.3d 95, 600 N.E.2d 1323 (1992)
- Klass v. Winstein, Wallace & Doughty, 219 Ill. App. 3d 817, 579 N.E.2d 365 (1991)
- Sheppard v. Krol, 218 Ill. App. 3d 254, 578 N.E.2d 212 (1st Dist. 1991)
- Suppressed v. Suppressed, 206 Ill. App. 3d 918, 565 N.E.2d 101 (1st Dist. 1990)
- Couri v. Corn, 202 Ill. App. 3d 848, 560 N.E.2d 379 (3d Dist. 1990)
- Farm Credit Bank of St. Louis v. Gamble, 197 Ill. App. 3d 101, 554 N.E.2d 779 (3d Dist. 1990)
- Neal v. Baker, 194 Ill. App. 3d 485, 551 N.E.2d 704 (5th Dist. 1990)
- Michel v. Gard, 181 Ill. App. 3d 630, 536 N.E.2d 1375 (3d Dist. 1989)
- Buttitta v. Newell, 176 Ill. App. 3d 880, 531 N.E.2d 957 (1st Dist. 1988)
- Brocato v. Prairie State Farmers Insurance Assoc., 166 Ill. App. 3d 986, 520 N.E.2d 1200 (4th Dist. 1988)
- Jacobson v. Natonson, 164 Ill. App. 3d 126, 517 N.E.2d 304 (2nd Dist. 1987)
- Goldstein v. Lustig, 154 I11.App.3d 595, 507 N.E.2d 164 (1st Dist. 1987)
- Greene v. First Nat. Bank of Chicago, 162 Ill. App. 3d 914, 516 N.E.2d 311 (1st Dist. 1987)
- Shehade v. Gerson, 148 Ill. App. 3d 1026, 500 N.E.2d 510 (1st Dist. 1986)
- Makela v. Roach, 142 Ill. App. 3d 827, 492 N.E.2d 191 (2nd Dist. 1986)
- Zupan v. Berman, 142 Ill. App. 3d 396, 491 N.E.2d 1349 (1st Dist. 1986)
- Gelsomino v. Gorov, 149 Ill. App. 3d 809, 502 N.E.2d 264 (1st Dist. 1986)
- Tucek v. Grant, 129 Ill. App. 3d 236, 472 N.E.2d 563 (2nd Dist. 1984)
- Gruse v. Belline, 138 Ill. App. 3d 689, 486 N.E.2d 398 (2nd Dist. 1985)
- Heying v. Simonaitis, 126 Ill. App. 3d 157, 466 N.E.2d 1137 (1st Dist. 1984)
- Roberts v. Heilgeist, 124 Ill. App. 3d 1082, 465 N.E.2d 658 (2nd Dist. 1984)
- Roberts v. Heilgeist, 124 Ill. App. 3d 1082, 465 N.E.2d 658 (2nd Dist. 1984)
- Frahm v. Urkovich, 113 Ill. App. 3d 580, 447 N.E.2d 1007 (1st Dist. 1983)
- Favata v. Rosenberg, 106 Ill. App. 3d 572, 436 N.E.2d 49 (1st Dist. 1982)
- Connaughton v. Gertz, 94 Ill. App. 3d 265, 418 N.E.2d 858 (1st Dist. 1981)
- Bankers Trust Co. v. Chicago Title & Trust Co., 89 Ill. App. 3d 1014, 412 N.E.2d 660 (1st Dist. 1980)
- Spivack Shulman & Goldman v. Foremost Liquor Store, Inc., 124 Ill. App. 3d 676, 465 N.E.2d 500 (1st Dist. 1984)
- Robins v. Lasky, 123 Ill. App. 3d 194,421 N.E.2d 774 (1st Dist. 1984)
- Lasswell v. Ehrlich, 92 Ill. App. 3d 935, 416 N.E.2d 423 (2d Dist. 1981)
- Davis v. Ruff, 83 Ill. App. 3d 651, 404 N.E.2d 405 (1st Dist. 1980)
- Builders Square, Inc. v. Cashmore, 207 Ill. App. 3d 267, 565 N.E.2d 703 (2nd Dist. 1990)
- Cioni v. Gearhart, 201 Ill. App. 3d 853, 559 N.E.2d 494 (3rd Dist. 1990)
- Kortemeier v. Ferbend & Ferbend, Ltd., 1990 WL 304276 (N.D. Ill. 1990) Not Reported in F. Supp.
- Sutton v. Mytich, 197 Ill. App. 3d 672, 555 N.E.2d 93 (3d Dist. 1990)
- Farm Credit Bank of St. Louis v. Gamble, 197 Ill. App. 3d 101, 554 N.E.2d 779 (3rd Dist. 1990)
- Rendler v. Markos, 154 Wis.2d 420,453 N.W.2d 202 (1990)
- First National Bank of Moline v. Califf, Harper, Fox & Dailey, 193 Ill. App. 3d 83, 548 N.E.2d 1361 (3rd Dist. 1989)
- Todd v. Katz, 187 Ill. App. 3d 670, 543 N.E.2d 1066 (2nd Dist. 1989)
- B.T. Explorations, Inc. v. Stanley, 187 Ill. App. 3d 23, 542 N.E.2d 1292 duplicate
- Gerdes v. John Hancock Mutual Life Insurance Company, 712 F. Supp. 692 (N.D. Ill.. 1989)
- Reynolds v. Danz, 172 Ill. App. 3d 907, 527 N.E.2d 169 (3rd Dist. 1988)
- Levenfeld v. Clinton, 674 F. Supp. 255 (N.D. Ill. 1987)
- J&G Restaurant, Inc. v. Regas, 156 Ill. App. 3d 834, 510 N.E.2d 17 (1st Dist. 1987)
- Reis v. Morrison, 807 F.2d 112 (7th Cir. 1986)
- Flynn v. Dyzwilewski, 644 F. Supp. 769 (N.D. Ill. 1986)
- Excalibur Oil, Inc. v. Sullivan, 616 F. Supp. 458 (N.D. Ill. 1985)
- UNR Industries, Inc. v. Continental Insurance Company, 1985-2 Trade Cases P 66, 839, 607 F. Supp. 855 (N.D. Ill. 1984)
- Rockford Mutual Insurance Company v. Blaase, 246 Ill. App. 3d 498, 615 N.E.2d 1333 (4th Dist.1993)
- Ozkaya v. Telecheck Services, Inc., 982 F. Supp 578 (N.D. Ill. 1997)
- Sarno v. Akkeron, 292 Ill. App. 3d 80, 684 N.E.2d 964 (1st Dist. 1997)
- Adams v. Sussman & Hertzberg, Ltd., 292 Ill. App. 3d 30, 684 N.E.2d 935 (1st Dist. 1997)
- Mitchell v. Simms, 79 Ill. App. 3d 215, 398 N.E.2d 211 (1st Dist. 1979)
- Randle v. GC Services, L.P., et al., 48 F. Supp. 2d 835 (N.D. Ill. 1999)
- Pettit v. Retrieval Masters Creditors Bureau, Inc., 42 F. Supp. 2d 797 (N.D. Ill. 1999)
- In Re Reliance Securities Litigation; William Eric Graham, et al., on behalf of themselves and all others similarly situated v. Taylor Capital Group, Inc. f/k/a Cole Taylor Financial Group, Inc., et al. 91 F. Supp. 2d 706 (D. Delaware 2000)
- Kansas Public Employees Retirement System v. Kutak Rock, 273 Kan. 481, 44 P.3d 407 (Kan. 2002)
- Hyatt Johnson USA 2004, et al. v. Goldsmith and Shefsky & Froelich, Ltd, (2016 IL App (1st) 151622-U)
Michael C. Bruck
Michael C. Bruck is a partner of Spellmire & Bruck LLP. He has a wide range of experience and focuses his practice on complex commercial disputes, professional ethics, financial malpractice, and insurance litigation. Mr. Bruck is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.
Mr. Bruck has more than 25 years of jury trial, litigation and client advisory experience, handling hundreds of high-stakes cases in state and federal courts throughout the United States. He has represented numerous clients in a range of industries, including Toyota Motor Sales, USA, major professional service firms, and Kemper Insurance Companies.
Mr. Bruck has been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation, professional malpractice defense law, and insurance coverage and reinsurance law. He also has been selected for inclusion in Illinois Super Lawyers for business litigation, professional liability and insurance coverage.
Education/Bar Admissions
Mr. Bruck received a B.S. in Organizational Leadership and Supervision in 1984 from Purdue University. He received his J.D. in 1988 from DePaul College of Law.
Mr. Bruck was admitted to the Illinois bar in 1988 and also has been admitted in the following federal trial and appellate courts:
- U.S. District Court, Northern District of Illinois (including the trial bar)
- U.S. District Court, Central District of Illinois
- U.S. District Court, District of Maine
- U.S. District Court, Southern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals Seventh Circuit
- U.S. Court of Appeals, Ninth Circuit
In addition, Mr. Bruck has been admitted pro hac vice in state and federal courts throughout the country.
Professional Activities
Mr. Bruck is active in numerous professional and civic organizations, including:
- Federation of Defense and Corporate Counsel
- Defense Research Institute: Professional Liability Committee, Steering Committee, 2004-present
- Illinois Association of Defense Trial Counsel (IDC): Commercial Litigation Committee, co-chair, 2008-2013; JDC Quarterly, Technology Law Columnist, 2004-2013
- Chicago Bar Association: Judicial Evaluation Committee; investigator and hearing officer; Committee on Attorney Malpractice, chair 2007-2008, vice-chair, 2006-2007
- Illinois Society of Trial Lawyers
- American Bar Association
- Illinois State Bar Association
- Professional Liability Underwriting Society
- Seventh Circuit Bar Association
- Illinois Appellate Lawyers Association
- DePaul University College of Law, Alumni Board of Directors
- Chicago Legal Clinic for the Disabled, volunteer
- Western Springs, Illinois Park District Commissioner and Board President
- Western Springs Little League, Coach
Related News
- Book One in Risk Management Series Featuring Chapter Written by Michael C. Bruck is Now Available
Past Speaking Engagements
- Worker’s Compensation – March 1, 2012
- Why Don’t You Stop the Bleeding? – December 15, 2011
- Chicago Bar Association Workmen’s Compensation Committee Meeting – December 1, 2011
- Chicago Bar Association Professional Responsibility Committee Meeting – November 18, 2011
- Insurance Law for Illinois Attorneys – November 10, 2011
- Professional Liability for Spoliation of Evidence – October 8, 2009
- Evidentiary Issues Commonly Faced at Trial – February 27, 2009
- Construction Defect Coverage Issues – June 27, 2008
- Principles of Advertising Injury Coverage – June 27, 2008
- Perspectives on Legal Malpractice – June 12, 2008
- Basic Skills Program – October 25, 2007
- Ethical Considerations for Collection, Retention and Preservation of Evidence – May 5, 2007
- Evidence Update – September 17, 2005
- Avoiding Malpractice for Tax Services – August 15, 2004
- On the Record with Greta Van Susteren – May 12, 2002
- Hannity & Colmes – May 12, 2002
- Managing Your Accounting Firm in the Year 2000 and Beyond – September 17, 1999
- Proving Damages in a Commercial Case – October 4, 1996
- The Do’s and Don’t’s of Corporate Documentation – September 13, 1996
Publications
- Supreme Court Puts the Brakes on Patent Infringement: The Relaxed Obviousness Standard in KSR v. Teleflex
- Jerry Falwell’s Ears Are Burning – Gripe Sites, Domain Names, and Rejecting the Initial Interest Confusion Doctrine
- Long Live the Tie-In! The Supreme Court’s Decision in Illinois Tool Works, Inc. v. Indepndent Ink Inc.
- Consumers vs. Patent Holders – Will the Supreme Court Uphold the Market Power Presumption
- Teaching Old Tricks to a New Dog: The Supreme Court’s Application of Common Law Doctrines to New Technology: in MGM v. Grokster
- The Supreme Court Uncorks E-Commerce in Internet Wine Sales Decision
- “May” is Sounding More Like “Shall” When Awarding Fees in Certain Copyright Cases
- Betamax Revisited Again
- A Long-Awaited First Interpretation of Section 1201(a) of the Digital Millennium Copyright Act
- Nanotechnology – It’s Small, But It May Be the Next Big Thing
- Understanding and Making the Most of Section 230 of the Communications Decency Act in Illinois
- Seagate May Bring Sea of Change to Patent Cases
- Patent Exhaustion – The Limits to Post-Sale Restrictions Following Quanta
- Chapter on Reservation of Rights Letters
- eBay, Inc. et al. v. MercExchange L.L.C., Three Years Later: Patent Trolls Remain Alive and Active Under the ‘Bridge’ of Patent Infringement Prosecution
- Illinois Appellate Court Holds That Two-Year Statute of Limitations Applies to Aiding and Abetting Claims Against Lawyers
Representative Matters
- Meriturn Partners LLC, et al. v. Banner & Witcoff Ltd.,et al.
Circuit Court of Cook County, Illinois
Secured $6 million jury verdict after three-week trial in favor of private equity investors in legal malpractice action against their patent lawyers for failed patent due diligence.
- Belleville Toyota v. Toyota Motor Sales, et al.
Circuit Court of St. Clair County, Ill.; 316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 199 Ill.2d 325 (2002)
Defended auto manufacturer and distributor in three-week jury trial and appeals of franchise act and breach of contract lawsuit brought by dealer arising from dispute over allocation of vehicles. In case of first impression, Illinois Supreme Court found that UCC statute of limitations applies to franchise agreements and that statute of limitations is not tolled by continuing breaches of contract or continuing violations of Franchise Act.
- Fuller v. Decatur School District No. 61, et al.
U.S. District Court, Central District of Illinois
Obtained not guilty verdict for school board in civil rights lawsuit brought by six students expelled for a gang fight at a football game. Claims were prosecuted by Operation PUSH and Rev. Jesse Jackson and garnered national attention due to board’s so-called zero tolerance policy. Decision reported at 78 F.Supp.2d 812 (C.D. Ill. 2000), affirmed, 251 F.3d 662 (7th Cir. 2001).
- Artline v. Universal Statuary
U.S. District Court, Northern District of Illinois
Defended trade libel and prosecuted copyright infringement claims between manufacturers of naturalistic animal statuary in two-week jury trial. Case resolved through confidential settlement.
- Royal Surplus Lines v. Mariner Health Care
647 F. 3d 524 (5th Cir. 2011)
Obtained summary judgment and affirmance on appeal on $10.5 million bad faith and breach of contract claims against excess insurance carrier.
- Northern Illinois Emergency Physicians v. Sands, et al.
216 Ill.2d 294 (2005)
Obtained summary judgment and successfully argued appeals of seminal Illinois Supreme Court attorney malpractice case on damages.
- 800 South Wells Commercial LLC v. Horwood Marcus & Berk
Ill. App. 3rd Dist.
In first of its kind case, obtained summary judgment and affirmance of appeal by convincing courts that the two-year statute of limitations in Section 13-214.3 of the Illinois Code of Civil Procedure – not the longer five-year statute of limitations – applies to aiding and abetting claims against lawyers that are connected to their performance of legal services.
- Mitchell Bros. v. Warady & Davis
Circuit Court of Cook County, Ill.
Successfully defended accounting firm in two-week jury trial in claims alleging failure to detect and report defalcation.
- Cho v. Environmental Management Group
Circuit Court of Cook County, Ill.
Obtained dismissal of $3 million lost profits claim against environmental auditor client arising from a Phase I environmental site assessment on property containing asbestos. Claims dismissed during two week jury trial.
- Liberty Mutual v. Ross & Hardies
(Ill. App. 1st Dist. 2001)
Handled case of first impression in Illinois involving claims of attorney malpractice. Appellate court found insurer had no right of subrogation against its insured’s defense counsel.
- Midwest Imports v. Coval
71 F.3d 1311 (7th Cir. 1995)
Obtained summary judgment and successfully argued appeal of accountant’s malpractice case. Seventh Circuit affirmed summary judgment for auditor client finding no breach of duty of care.
- Wolf & Company v. Cevin
(Ill. App. 2nd Dist. 1997)
Obtained summary judgment for auditor in accountant’s malpractice case where plaintiff sought $21 million in damages. Appellate court affirmed, finding that parent corporation had no standing to assert claims for failed subsidiaries.
Timothy J. McInerney
Tim is a trial attorney focusing his practice on legal malpractice and appellate work. Tim has represented a broad array of clients who have been harmed by their attorneys’ negligence, including Fortune 500 companies, start-ups, and individuals. Tim has trial experience in Cook, Kane, and Lake Counties, and has won appeals in the Illinois Appellate Court, First District. Tim has also successfully represented attorneys before the Illinois Attorney Registration and Disciplinary Commission and in the Circuit Court of Cook County’s Mandatory Arbitration Program.
Tim joined Spellmire Law Firm as an associate in 2012 after earning his J.D. from Chicago-Kent College of Law. Prior to law school, Tim attended Illinois Wesleyan University where he earned his B.A. in History and Spanish.