Warnock v. Karm Winand & Patterson

              FIFTH DIVISION
JUNE 29, 2007
1-06-0341
TODD E. WARNOCK and
ELIZABETH H. WARNOCK,
Plaintiffs-Appellants,
v.
KARM WINAND & PATTERSON
Defendant-Appellee.
))))))))))))
Appeal from the
Circuit Court of
Cook County.
No. 03 L 5204
Honorable
Lee Preston,
Judge Presiding.
JUSTICE TULLY delivered the opinion of the court:
On May 1, 2003, plaintiffs-appellants, Todd and Elizabeth Warnock (plaintiffs) filed a
legal malpractice suit against defendant-appellee, the law firm of Karm Winand & Patterson
(defendant), as a result of an underlying real estate transaction. In the underlying transaction,
plaintiffs retained Karen Patterson (Patterson), a partner at defendant, to represent them in the
sale of their property in Winnetka, Illinois, to Tony and Winifred Brown (the Browns). The real
estate transaction did not close and the Browns filed suit against plaintiffs. Plaintiffs retained the
law firm of Arnstein & Lehr to represent them in the suit brought by the Browns. The end result
of the Brown litigation was an adverse judgment entered against plaintiffs in the amount of
$342,750, plus prejudgment interest. Plaintiffs appealed and, while the appeal was pending,
plaintiffs ultimately settled the Brown litigation for $325,000.
Nine months after the adverse judgment was entered by the circuit court, plaintiffs filed