Claris Law Legal Blogging Community

Editor: Denny Thaxton
Profession: Legal Malpractice Liability

Category: Legal Malpractice News

On Monday, February 20, 2006, the Illinois Supreme Court submitted an opinion in a legal malpractice case, which has now changed the way the doctrine of void ab initio will be used in Illinois. For 92 years the Illinois supreme court have used the U.S. Supreme Court case Norton v. Shelby County as an example to follow in ruling a void ab initio scenario.

This case states,

An unconstitutional act is not law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is legal contemplation, as inoperative as though it had never been passed.

This case led to the Norton rule that an unconstitutional statute is void "from the beginning". The Perlstein v. Wolk case challenged this doctrine and ultimately has changed the way this rule will be applied.

Ms. Perlstein and her son had filed a case against a law firm and an attorney for their negligance in preparing her deceased husbands will, which ultimately prevented the Lawrence A. Perlstein trust to be funded.

Click here for more information on this legal malpractice case.