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Faier v. Ambrose & Cushing, P.C.

609 N.E.2d 315 (1993)

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Faier v. Ambrose & Cushing, P.C.

Illinois Supreme Court
609 N.E.2d 315 (1993)

  • Written by Jody Stuart, JD

Facts

Martin Faier (defendant), an attorney, represented Recora Company (plaintiff), which had been sued for patent infringement. Faier filed a counterclaim on Recora’s behalf in the patent-infringement lawsuit and later introduced the president of Recora to attorney John Ambrose (defendant). Subsequently, Recora hired Ambrose to handle the entire counterclaim portion of the patent-infringement lawsuit. Due to Ambrose’s failure to comply with certain court orders, Recora’s counterclaim was dismissed. Recora then brought an action in trial court against Faier and Ambrose for legal malpractice. Faier filed his own counterclaim against Ambrose for contribution pursuant to the Illinois Contribution Act and for implied indemnity. Next, Faier settled the entire malpractice claim with Recora, and Recora released all claims against Faier and Ambrose. Ambrose did not participate in the settlement. Faier alleged that he paid more than his pro rata share of liability in the settlement with Recora and that his liability to Recora was wholly vicarious, arising out of the acts and omissions of Ambrose. Ambrose moved to dismiss Faier’s counterclaim. The trial court denied the motion but certified the issue for interlocutory appeal.

Rule of Law

Issue

Holding and Reasoning (Heiple, J.)

Dissent (Harrison, J.)

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