United States · Illinois statutory procedure
What is Illinois’s six-year attorney malpractice act-based period?
Section 13-214.3(c) ordinarily measures six years from the professional act or omission, except as provided in subsection (d). The two-year injury-discovery period can expire earlier. Disability and the 2022 transition require separate factual and edition review.
- Period
- Six calendar years after the covered act or omission, subject to the statutory qualifications
- Trigger
- The alleged act or omission in the covered attorney professional services or employee assistance
- Rule
- 735 ILCS 5/13-214.3(a)–(g)
Section 13-214.3 source note P.A. 102-377, effective January 1, 2022. Subsection (g) addresses earlier services timely under the January 1, 2021 edition.
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Which professional act starts the six-year component?
Identify the particular professional-services act or omission and its actual date.
Establish the claimant’s injury-knowledge date and compare the separate discovery component.
For services before January 1, 2022, determine timeliness under the January 1, 2021 version and the actual reasonable-time transition.
735 ILCS 5/13-214.3(a)–(g)How does the act-based component interact with other branches?
- Identify the particular professional-services act or omission and its actual date.
- Measure six calendar years after the act or omission for the ordinary subsection (c) component. The preset does not compare the discovery interval, probate alternatives, disability chronology or reasonable transition time.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the action within its applicable combined limits and retain the act and injury-knowledge evidence. Preserve the applicable historic statute and probate or disability records where material.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use the ordinary six-year act component, then compare the potentially earlier injury-discovery period. Establish any client-death, disability and pre-2022 transition conditions separately. Services occurred in 2021. Timeliness under the January 1, 2021 version and reasonable transition time under (g) are independently assumed; the discovery component is later.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | The alleged act or omission in the covered attorney professional services or employee assistance | August 2, 2021 |
| Applicable statutory period | Six calendar years after the covered act or omission, subject to the statutory qualifications | August 2, 2027 |
Fictitious 2021 services. Timeliness under the prior edition and reasonable transition time are independently assumed. This computes only the nominal six-year component and cannot establish those legal conditions.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- Discovery can supply an earlier boundary
- Subsection (b) measures two years from actual or reasonable injury knowledge. A later six-year output alone does not establish that the action remains timely.
- Client-death injury has explicit qualifications
- Subsection (d) addresses injury occurring only at client death and the estate-claim or will-contest alternatives under its conditions. It also states that the action is in any event within six years of the professional services.
- At-accrual and later disability differ
- Subsection (e) delays the stated periods for minority or other disability at accrual. Subsection (f) addresses a later disability stay and states that repose is not invalidated.
- Older services require the transition review
- Subsection (g) preserves specified claims involving services before January 1, 2022 that were timely under the January 1, 2021 law, for the stated reasonable time bounded by six years after the amendment’s effective date.
- Professional scope does not cover every claim against a lawyer
- Subsection (b) identifies professional services and the stated nonattorney employee assistance. Establish the actual claim and defendant before selecting this component.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/13-214.3(a)–(g)
What is Illinois’s six-year attorney malpractice act-based period?
Does discovering the injury restart the six years?
The ordinary subsection (c) period runs from the act or omission. Discovery supplies a separate subsection (b) component.
735 ILCS 5/13-214.3(a)–(g)Does a later disability automatically extend repose?
Subsection (f) states that the later-disability stay does not invalidate repose. Disability existing at accrual uses subsection (e).
735 ILCS 5/13-214.3(a)–(g)Are the examples with 2021 services automatically covered by the current edition?
No. Their fictitious facts expressly assume timeliness under the January 1, 2021 version and satisfaction of subsection (g)’s reasonable-time transition. The calculator does not establish either fact.
735 ILCS 5/13-214.3(a)–(g)Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-214.3(a)–(g) | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |