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7th Cir abuse of process action for malicious advice Appellate Court affirmed applied attorney and client attorney-client privilege attorney-client relationship attorney's duty attorney's fees behalf breach cause of action Chamoles civil claim client sued complaint conduct conflict of interest conspiracy contended contingent fee contract corporation counsel court dismissed Court held Court of Appeals damages defendant's denied DISCIPLINARY RULES disclose disclosure discovery rule employment Ernst establish evidence expert testimony F.Supp fact failed failure fiduciary duty filed former attorney former client fraud Illinois Supreme Court immunity issue judge jury law firm lawyer legal malpractice liability litigation malicious prosecution malpractice action matter medical malpractice ment non-client personal injury plaintiff privilege probable cause professional negligence reasonable represent representation result retained Rptr Schmidt Schwartz scienter securities settlement special injury statute of limitations suit Supp supra tion torney torney's tort trial court trial court entered violation