From Hinshaw:  In an Illinois case where the legal malpractice complaint was dismissed, the court went too far in Visvardis v. Ferleger, ___ Ill. App. 3d ___, 873 N.E.2d 436 (1st Dist. 2007)

"Illinois’ First District Appellate Court recently held that a trial court erred when it went outside of the pleadings to grant a 735 ILCS 5/2-615 motion to dismiss plaintiff’s legal malpractice complaint. The appellate court found fault with the trial court’s having based its decision on a conclusion that plaintiff would not have won the underlying lawsuit even if defendant had not committed malpractice. The appellate court further held that plaintiff’s complaint alleged sufficient facts from which it could be inferred that the defendants in the underlying lawsuit had sufficient assets to pay damages on the date of alleged malpractice (or thereafter"