In a recent legal filing, DeAngelo Cowper lodged a complaint against attorney Andrew Flynn and the law firm Tetzlaff & Associates, alleging legal malpractice and deceptive practices. The complaint was filed on October 1, 2018, in the Circuit Court of Saline County. Cowper claimed that Flynn provided poor and unethical legal representation during a prior civil action. However, the court granted summary judgment in favor of the defendants, citing the expiration of the statute of limitations.
According to court documents, Cowper accused Flynn of manipulating him into signing settlement papers while he was incarcerated at Saline County jail in October 2016. Cowper alleged that during this meeting, he was under heavy medication and unable to make sound decisions. "Flynn either knew or should have known that Cowper was seriously impaired," reads the complaint. In his initial filing, Cowper sought compensatory damages exceeding $124,000 and an additional $100,000 for violations of legal ethics.
Cowper's amended complaint, filed on May 28, 2019, reiterated these claims but increased the demand for punitive damages to $800,000. A handwritten affidavit from Cowper detailed his encounter with Flynn at the jail library on July 26, 2016. According to Cowper's account, Flynn pressured him into accepting a settlement by threatening financial ruin and further incarceration if he refused. Despite expressing his reluctance multiple times during their conversation, Cowper eventually signed the settlement papers under duress.
The defendants filed for summary judgment in February 2020 under section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005). They argued that all claims were barred by the two-year statute of limitations outlined in section 13-214.3(b) of the Code (735 ILCS 5/13-214.3). The court initially granted partial summary judgment concerning Cowper's legal malpractice claim but allowed his deceptive practice claim to proceed.
However, upon reconsideration requested by both parties in September 2020 and supplemented arguments from defendants in April 2021, it was determined that even the deceptive practice claim fell under the same two-year limitation period applicable to actions against attorneys for professional services rendered. Consequently, on January 20, 2023, the court issued an order granting full summary judgment to Flynn and Tetzlaff & Associates.
Cowper's appeal hinged on arguing that his mental state should toll or delay the statute of limitations. He presented medical records indicating past psychiatric issues but failed to demonstrate that he was legally disabled during or after July 26, 2016—the date when his claims accrued—until October 1, 2018. Legal precedent requires evidence showing complete incapacity to manage personal affairs or make decisions for tolling statutes based on mental disability; such evidence was not found sufficient in this case.
The appellate court affirmed the circuit court’s decision on May 23rd, maintaining that all claims were indeed time-barred by existing statutes governing professional legal services.
Attorneys involved include those representing DeAngelo Cowper as well as counsel for Andrew Flynn and Tetzlaff & Associates. The case ID is No.18-L-41 with Judge Todd D. Lambert presiding over initial proceedings before reaching appellate review by Justices Boie Moore and McHaney.