We were told early in life not to talk so much. This advice may have served the Larkin Law firm well in its dealings with a client. This report of a question certified to an appellate court, is an example.
"Madison County Circuit Judge Barbara Crowder wants appellate judges to decide whether an attorney-client relationship existed between the Lakin Law Firm and a woman whose injury claim the firm chose not to pursue.
Crowder on Aug. 23 certified questions to the Fifth District in Mount Vernon about the firm’s dealings with Suzanne Krause of Tennessee.
The Fifth District’s answers will determine whether Krause can seek damages from the Lakins on a claim of legal malpractice.
In 2004 Brad Lakin sent the family a letter stating, "After reviewing the information that we have we believe that the case would be extremely difficult to prove."
He wrote that if they wanted to pursue the claim they should contact another attorney.
"Please remember, the statute of limitation on your case is two years from your daughter’s eighteenth birthday," he wrote.
Last year she sued former Lakin lawyer Scott Bruce Meyer, the firm, Brad Lakin and his father Tom Lakin.
Her attorney, Kevin McQuillan of Downers Grove, claimed the Lakins breached their duty to her in their investigation.
He claimed the statute of limitations was one year, not two."
The advice usually given is to say simply that there is a statute of limiations and the clinet should obtain advice how to proceed.