A man who developed Parkinson's disease after years of working as a dry cleaner is suing his former attorneys for alleged malpractice. Bryan Dick-Ipsen and his wife, Karen Dick-Ipsen, filed the complaint in the Circuit Court of Cook County on August 30, 2024, against Humphrey, Farrington & McClain, P.C., Andrew Smith, Rubens Kress & Mulholland, and Toby Mulholland.
The plaintiffs allege that their former attorneys mishandled their case against chemical manufacturers and suppliers responsible for Bryan's exposure to harmful chemicals like perchloroethylene and trichloroethylene. The couple claims that due to the attorneys' negligence, several of their claims were dismissed because they were filed after the statute of limitations had expired. According to the complaint, Andrew Smith from Humphrey, Farrington & McClain assured Bryan that they would represent him on a contingency basis with a 45% fee only if there was a recovery. However, despite this agreement and assurances of prior success in similar cases, critical deadlines were missed.
Bryan Dick-Ipsen states that he was never informed about an arbitration clause in the retainer agreement he signed with his attorneys. This clause mandated that any disputes be resolved through binding arbitration in Kansas City, Missouri. Bryan argues that he did not understand what arbitration meant or the rights he was waiving by agreeing to it. He also contends that due to his Parkinson’s diagnosis, which resulted in his driver's license being revoked, traveling over 500 miles for arbitration would be particularly burdensome.
The trial court found the arbitration provision procedurally unconscionable because Bryan was not fully informed about its implications. Consequently, it denied the defendants' motion to compel arbitration. The court noted that under Illinois Supreme Court Rules of Professional Conduct, clients must be fully informed about such provisions before agreeing to them.
The plaintiffs are seeking relief from the court in terms of damages for legal malpractice. They argue that due to their attorneys' negligence, they lost significant opportunities for compensation from chemical manufacturers and suffered additional emotional distress.
Representing the appellants are Daniel F. Konicek and Amanda J. Hamilton from Konicek & Dillon P.C., while Mark A. Brown and Kellie J. Snyder from Lane Brown LLC along with Jeffrey J. Lowe and Andrew J. Cross from Carey Danis & Lowe represent the appellees. The case is presided over by Honorable Catherine A. Schneider under Case ID No. 23 L 6958.