(a) In this Section: "attorney" includes (i) an individual attorney, together with his or her employees who are attorneys, (ii) a professional partnership of attorneys, together with its employees, partners, and members who are attorneys, and (iii) a professional service corporation of attorneys, together with its employees, officers, and shareholders who are attorneys; and "non-attorney employee" means a person who is not an attorney but is employed by an attorney.
13-214.3.Attorneys.
Article XIII. Limitations · Part 2. Personal Actions · Last amended 2022 · Last verified July 20, 2026
In one sentenceGives legal malpractice claims a 2-year discovery deadline capped by a 6-year statute of repose, with a special rule reaching 2 years after a client's death when the injury only surfaces then.
Full Text of 735 ILCS 5/13-214.3
(b) An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of professional services or (ii) against a non-attorney employee arising out of an act or omission in the course of his or her employment by an attorney to assist the attorney in performing professional services must be commenced within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which damages are sought.
(c) Except as provided in subsection (d), an action described in subsection (b) may not be commenced in any event more than 6 years after the date on which the act or omission occurred.
(d) When the injury caused by the act or omission does not occur until the death of the person for whom the professional services were rendered, the action may be commenced within 2 years after the date of the person's death unless letters of office are issued or the person's will is admitted to probate within that 2 year period, in which case the action must be commenced within the time for filing claims against the estate or a petition contesting the validity of the will of the deceased person, whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
(e) If the person entitled to bring the action is under the age of majority or under other legal disability at the time the cause of action accrues, the period of limitations shall not begin to run until majority is attained or the disability is removed.
(f) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077). (g) This Section applies to any cause of action, regardless
of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
Plain-English Summary
Subsection (b) sets the core rule for legal malpractice: an action against an attorney arising from professional services, or against a non-attorney employee arising from assisting the attorney, must be commenced within 2 years from when the person bringing it knew or reasonably should have known of the injury. Subsection (c) caps that with a 6-year repose deadline running from the date of the act or omission, subject to the exception in subsection (d).
That exception addresses injuries that don't surface until the client has died: the action may then be commenced within 2 years after the death, unless letters of office are issued or the client's will is admitted to probate within that 2-year window — in which case the deadline shifts to whichever is later between the Probate Act's deadline for filing claims against the estate or for contesting the will. Even under this exception, the action can never come more than 6 years after the professional services were performed.
Subsections (e) and (f) handle legal disability. A person under 18 or under other legal disability when the claim accrues gets the period held open until majority or the disability is removed. A person who becomes disabled after accrual gets the period stayed until the disability is removed, though that stay doesn't override the section's own repose deadlines. The section applies to any cause of action regardless of when it arose, subject to a savings clause allowing certain claims that were timely as of January 1, 2021 to be filed within a reasonable period, capped at 6 years, after the 2022 amendment took effect.
Frequently Asked Questions
What is the statute of limitations for legal malpractice in Illinois?
2 years from when the person bringing the action knew or reasonably should have known of the injury.
Is there an outer limit on suing an attorney regardless of when the injury is discovered?
Yes, generally 6 years after the date of the act or omission, apart from the death-related exception in subsection (d).
What if the malpractice injury isn't apparent until after the client dies?
The action may be commenced within 2 years after the death, though it can never come more than 6 years after the professional services were performed.
Does this section cover a law firm's non-attorney staff?
Yes. It also covers a non-attorney employee's acts or omissions in the course of assisting the attorney in performing professional services.
Does this section apply to malpractice that occurred years before the current version was enacted?
Yes. It applies to any cause of action regardless of the date it arose, subject to a savings clause for claims that were timely as of January 1, 2021.
Amendment History
(Source: P.A. 102-377, eff. 1-1-22.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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