Here is an Illinois legal malpractice case which illustrates the problem in bringing a legal malpractice case after a settlement in which the client has agreed that she understands the settlement, and agrees to it. Add to this mix, the sometimes question, "are you satisfied with your attorney’s handling of the case?
The issue is whether the client also understood that there were shortcomings in discovery, in explanations to her, in investigation and reporting to the client of the applicable law or assets of the other side, when coming to a settlement. Here, the client in a divorce action agreed to a settlement and then sued her attorney, alleging that there was insufficient investigation of her husband’s assets, etc. Accordingly, her settlement, although she understood it, was based upon insufficient evidence, or "effectively compelled" by the attorneys preparation.