Robert and Anna Boettcher filed a legal malpractice suit against Alton attorney Jeffrey Weishaupt seeking more than $50,000 in damages They claim Weishaupt's negligence caused their pending lawusit to be dismissed.

The Boettchers claim that on Jan. 23, 2003, Weishaupt gave them legal advice and aid, and also drafted a complaint against Richard Shakewitz, Wiseman Law Firm and Dan Droege, giving instructions on how to file as a pro se plaintiff.

According to the complaint, Weishaupt was contacted by an attorney requesting service of process on the parties named as defendants on Jun. 18, 2003.

The Boettchers claim Weishaupt failed in his duty as an attorney in one or more of the following negligent acts:

  • properly advise plaintiffs;

  • service the parties named in the lawsuit;

  • provide adequate representation to them; and

  • advise the consequences to serve the parties named in a timely fashion.

    The Boettchers allege they sustained losses which otherwise they would have recovered including a diminishment of their 1997 settlement monies paid as penalties and interest on their tax lien, and attorney fees and costs in defense of the collection efforts of the IRS.

    The Boettchers are represented by Glenn E. Bradford of Bradford & Bradford of Edwardsville.

    The case has been assigned to Circuit Judge Andy Matoesian.

    05 L 072 (3rd circuit)

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