Legal Opinion

Stevens v. Walker & Dexter

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 22 opinions

Appeal from the Superior Court of Chicago; the Hon. William A. Porter, Judge, presiding. This was an action on the case, brought by Lorenzo Stevens against James M. Walker and Wirt Dexter, to recover for damages alleged to have resulted to the plaintiff by reason of the default and neglect of the defendants to properly prosecute a claim, entrusted to them as attorneys at law, in favor of the plaintiff and against the estate of one Edwin Richards, deceased.

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Appeal from the Superior Court of Chicago; the Hon. William A. Porter, Judge, presiding. This was an action on the case, brought by Lorenzo Stevens against James M. Walker and Wirt Dexter, to recover for damages alleged to have resulted to the plaintiff by reason of the default and neglect of the defendants to properly prosecute a claim, entrusted to them as attorneys at law, in favor of the plaintiff and against the estate of one Edwin Richards, deceased. A trial resulted in a verdict and judgment for the defendants, and the plaintiff appeals.

1Opinion of the CourtJustice Scott

The rules of law applicable to the relation of attorney and client, that fix their respective duties and liabilities, one to the other, are well established.

When a person adopts the profession of the law, if he assumes to exercise the duties in behalf of another, for hire and reward, he must be held to employ in his undertaking, a reasonable degree of care and skill. If injury results to the client, for the want of such a degree of reasonable care and skill, he must respond in damages, to the extent of the injury sustained. This rule commends itself to our sense of right, as a wholesome and…

2Cases cited2 opinions

  1. Gilbert v. WilliamsMassachusetts Supreme Judicial Court · 1811
  2. Walker v. GoodmanSupreme Court of Alabama · 1852

3Cited by22 opinions

  1. Sexton v. SmithIllinois Supreme Court · 1986
  2. Colucci v. Rosen, Goldberg, Slavet, Levenson & Wekstein, P.C.Massachusetts Appeals Court · 1987
  3. Vooth v. . McEachenNew York Court of Appeals · 1905
  4. House v. MaddoxAppellate Court of Illinois · 1977
  5. Schmidt v. Hinshaw, Culbertson, Moelmann, Hoban and FullerAppellate Court of Illinois · 1979

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