§ 5/13-214.3 Attorneys
§ 13-214.3. Attorneys.
(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.
(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) 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) (Blank.)
(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) The provisions of Public Act 86-1371 creating this Section apply to all causes of action accruing on or after its effective date.
(g) This amendatory Act of 1995 applies to all actions filed on or after its effective date. If, as a result of this amendatory Act of 1995, the action is either barred or there remains less than 2 years to bring the action, then the individual may bring the action within 2 years of the effective date of this amendatory Act of 1995.
VALIDITY
Public Act 89-7, which amended this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367. Morris v. Margulis, App. 5 Dist.1999, 241 Ill.Dec. 138, 307 Ill.App.3d 1024, 718 N.E.2d 709, rehearing denied, appeal allowed 244 Ill.Dec. 185, 187 Ill.2d 571, 724 N.E.2d 1269, reversed 257 Ill.Dec. 656, 197 Ill.2d 28, 754 N.E.2d 314, provided, in part, that the text of the section prior to amendment by P.A. 89-7 was reinstated. Morris was reversed on other grounds. See Historical and Statutory Notes, post, for the text of this section as it read prior to amendment by P.A. 89-7.