Thomas P. McGarry is a veteran trial lawyer. His civil litigation practice emphasizes the defense of professionals in federal and state courts and disciplinary agencies.

For more than 25 years, Mr. McGarry has focused on representing lawyers and lawyers’ professional liability insurers. During that period he has represented and counseled hundreds of lawyers and law firms in actions for civil liability, in professional ethics and responsibility, and in risk management. He has also counseled professional liability carriers on lawyers’ malpractice insurance coverage and has acted as national claims counsel overseeing defense activities nationwide.

His extensive experience as a trial lawyer combined with his concentration in the law governing the liabilities and responsibilities of lawyers has enabled him to both counsel and protect his lawyer clients in the challenging environment of legal practice. Mr. McGarry has shaped the law governing legal malpractice liability. As lead trial counsel and as appellate counsel, he has formulated and argued creative interpretations of the law governing lawyers, which have resulted in legal precedent limiting the scope of a lawyer’s civil liability. Many of these cases have been of national importance. These include:

• Premier Networks, Inc. v. Stadheim and Grear, Ltd., ___ Ill.App.3d ___, ___N.E.3d ___ (November 2009) 2009 WL 3762952. Mr. McGarry defended patent infringement  plaintiff’s counsel in the first Illinois case to apply the Federal Circuit’s Air Measurement and Immunocept Concepts holdings to affirm dismissal of state legal malpractice claims grounded on exclusive federal jurisdiction due to substantial questions of patent law in the underlying case.
• Tri-G, Inc. v. Burke Bosselman & Weaver, 222 Ill.2d 218, 856 N.E.2d 389 (2006). Mr. McGarry represented amicus, Illinois Association of Defense Trial Counsel, in Illinois Supreme Court decision holding that Illinois does not permit a malpractice plaintiff to recover lost punitive damages against his former lawyer.
• Doe v. Roe II, 289 Ill.App.3d 116, 681 N.E.2d 640 (1997). This Illinois case again limited the right of a plaintiff to sue a lawyer for breach of fiduciary duty arising out of sexual misconduct and infliction of emotional distress. This case decided that sexual relationships between attorneys and clients are not per se actionable but only give rise to a fiduciary breach if the lawyer takes advantage of special knowledge of the client’s vulnerability.
• Doe v. Roe, 958 F.2d 763 (7 Cir.1992). This U.S. Federal Court of Appeals decision considered a situation similar to Suppressed v. Suppressed and it concluded that federal RICO liability could not arise from the malpractice or sexual misconduct of a matrimonial attorney.   
• Suppressed v. Suppressed, 206 Ill.App.3d 918, 565 N.E.2d 101 (1990). This case was the first to establish the rule that a matrimonial lawyer is not liable to his client for engaging in a sexual relationship unless sex was a quid pro quo for the legal services or unless it harmed the representation. This case established a practical limitation to the fiduciary obligations that lawyers owe to clients.
• Renovitch v. Stewardship Concepts, 905 F.2d 1040 (7 Cir.1990). This Federal Circuit Court of Appeals decision limited an issuer’s attorney’s liability to third persons for securities fraud and RICO. 
• Roberts v. Heilgiest, 124 Ill.App.3d 1082, 465 N.E.2d 658 (1984). This was the first Illinois case to discuss the public policy which prohibited an attorney representing a client to be made a third party defendant in the client’s case. This opinion gave the attorney-client relationship precedence over a lawyer’s potential liability. 

Mr. McGarry has also acted as trial counsel in nationally reported attorney disciplinary and administrative law cases, including:

• In Re Rinella, 175 Ill.2d 504, 677 N.E.2d 909 (1997). This was the first Illinois case to decide the ethical responsibility of a divorce lawyer to avoid sexual relationships with clients during the course of representation.
• Fentress v. Eli Lilly, 90-CI-06033 (Jefferson County). This nationally publicized case in Louisville, Kentucky, involved multiple shooting deaths attributed to the effects of Prozac. The confidential high/low settlement agreement was challenged by the court as unethical. Mr. McGarry represented one of the plaintiffs’ attorneys to successfully obtain a judgment discharging the attorney from court sanctions and discipline.
• William R. Hogan, Jr. v. Department of Justice, C4-0752-96-0621-I-2. In this highly publicized case, Mr. McGarry represented the Assistant United States Attorney who successfully prosecuted the El Rukn organized crime gang. Mr. McGarry successfully represented the prosecutor against charges of prosecutorial misconduct at the United States Merit Systems Protection Board. This was the first case of a federal prosecutor bringing an action against the U. S. Department of Justice to fight his termination.

Mr. McGarry was a drafter of the Illinois attorney malpractice statute of limitations. He is active in organizations focusing on the law governing lawyers and professional liability and responsibility. He is an associate member of the ABA Standing Committee on Lawyers’ Professional Liability and an active sponsor of the Professional Liability Underwriting Society.

He has been recognized by his peers as a Leading Lawyer in the category of Professional Malpractice Defense Law: Legal / Technical / Financial, and in 2006 and 2007 was selected as one of the “Top 100” leading business lawyers in Illinois, based upon surveys conducted by the Leading Lawyers Network.

In 2005 Mr. McGarry was named to the Super Lawyers list in the area of Business Litigation by Illinois Super Lawyers magazine. In 2006, 2009 and 2010, he was named to the Super Lawyers list in the area of Professional Liability Defense. In addition, Mr. McGarry holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability.

Mr. McGarry is current Chair of Hinshaw & Culbertson LLP's national Lawyers Professional Liability Practice Group, including its Lawyers for the Profession® practice, and serves as member of the firm's Legal Ethics and Professional Responsibility Committee. He has been a member of the firm's Executive Committee. Mr. McGarry joined Hinshaw & Culbertson LLP in August 1983.

In the Fall of 2005, Mr. McGarry completed intensive training in mediation from the faculty of Pepperdine University School of Law’s top-ranked Straus Institute for Dispute Resolution. He is a certified mediator in the Cook County Court-Annexed Mediation Program.

Mr. McGarry was judicial law clerk to Hon. James J. Mejda, Illinois Appellate Court. He served in the United States Navy as a commissioned officer from 1973 through 1977. Mr. McGarry is General Editor of the practice manual, "Attorney's Legal Liability," published by Illinois Institute of Continuing Legal Education (IICLE) in 2007, and is co-author of two of the book's chapters: “Litigating the Legal Malpractice Case,” and “The Limitation of Liability Through Business Forms.” He is co-editor of the book, "Attorney Disciplinary Proceedings: Illinois Practice and Procedure," Law Bulletin Publishing Co., 2002.

In addition, Mr. McGarry is a co-author of “Panel 2: Lawyers in Transition: Ghosts from the Old Firm Haunting the New Firm,” a chapter in “DePaul Business & Commercial Law Journal,” published by DePaul University College of Law and the Commercial Law League of America, Volume 6, Number 4, Summer 2008.

Mr. McGarry also wrote a chapter on attorney communications published in the Defense Counsel Practice Management Manual of the International Association of Defense Counsel, as well as a chapter on limited liability entities in the 2006 edition of "Legal Malpractice: The Law Office Guide to Purchasing Legal Malpractice Insurance," published by West Group. 

He has been quoted in the Illinois Bar Journal on lawyer discipline. Mr. McGarry has written dozens of published articles, and is a co-author of the Ethics column published monthly in Chicago Lawyer magazine. He has written scores of articles on professional responsibility and professional liability issues, including:

• “Private and Confidential,” January 2009.
• “Representation of Adversaries,” December 2008.
• “Taking a Deed from a Client,” November 2008.

Mr. McGarry frequently speaks before bar associations and at law schools on issues of attorney malpractice and ethics. He is a frequent guest lecturer on the legal profession at DePaul University College of Law. He has presented to the National Association of Bar Counsel and has been an invited speaker at the Professional Liability Underwriting Society International Conference. His presentations include:

• “2009 LMRM Case Update and Statutory Causes of Action,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2010.
• “Selected New Rules,” Cook County States Attorney training seminar, Chicago, Illinois, December 2009.
• “Creative Solutions: Defending Professionals in Claims Involving Ponzi Schemes,” CNA Accountants and Lawyers Defense Network (ALADN) Annual Conference, Chicago, Illinois, October 2009.
• “In the Spotlight – The Exposure of Patent Lawyers,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2009.
• “A Professional Responsibility Update,” IICLE’s Personal Injury Lawyer Update Program, Chicago, Illinois, June 2008.
• “Ethical Consideration of Lawyers in Transition,” DePaul Business and Commercial Law Journal’s 6th Annual Law Symposium: Lawyers, Law Firms & the Legal Profession: An Ethical View of the Business of Law,” Chicago, Illinois, May 2008.
• “Packing your Parachute: Preparing for Law Practice Risk,” CNA Loss Prevention Series, Chicago, Illinois, April 2008.
• “Top 10 Preventable Causes of Legal Malpractice and Disciplinary Claims,” North Suburban Bar Association, Skokie, Illinois, April 2008.
• “Exposure in the “Triangle:” Defense Counsel As Litigation Target,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, February 2008.
• “Ethical and Fiduciary Duties of Counsel in a Merger or Acquisition Transaction,” Chicago Bar Association Corporation & Business Law Committee, Mergers & Acquisitions Subcommittee meeting, Chicago, Illinois, February 2008.
• “Sexual Relations with Clients – Civil and Disciplinary Exposures,” WestLegalEdcenter live webcast, November 2007.
• “Avoiding Legal Malpractice in Personal Injury Litigation,” IICLE seminar, “Personal Injury Practice Update,” Chicago, Illinois, June 2007.
• “Top 10 List of Preventable Problems in Legal Malpractice,” and “Ethics Law for the Equine Lawyer,” 22nd Annual National Conference on Equine Law, Lexington, Kentucky, May 2007.
• “The Ethical Practitioner,” American Academy of Matrimonial Lawyers, Chicago chapter, Chicago, Illinois, April 2007.
• “Privilege, Estoppel, Judgmental Immunity and Other Special Defenses,” Hinshaw’s annual Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2007.
• “How Legal Malpractice Issues Can Become ARDC Complaints/Defense Issues,” Illinois State Bar Association Standing Committee on ARDC, Chicago, Illinois October 2006.
• “How to Avoid and Litigating Legal Malpractice Complaints,” Federal Practice Committee of the Chicago Bar Association’s Spring 2006 Seminar “Civility and Professional Responsibility,” Chicago, Illinois, May 2006.
• “Contribution, Indemnification and Other Means to Spread or Avoid Damages,” Hinshaw’s 2006 Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2006.
• “Ethics, the ARDC and Legal Malpractice,” Legal Profession class, DePaul College of Law, Chicago, Illinois, November 2005.
• Panelist, “Dodging the Bullets: Understanding and Avoiding the New Threats to Lawyers and Law Firms,” Hinshaw’s “Professional Responsibility and Risk Management Program,” New York, New York, October 2005.
• “The Legal Profession, Ethics, Malpractice and Malpractice Insurance, guest lecturer, DePaul University College of Law, Chicago, Illinois, September 2005.
• “Ethics: How to Handle Evidence Obtained by Questionable Means,” Law Seminars International’s “IP & Tech Law for Employment Lawyers Conference,” Chicago, Illinois, September 2005.
• “Litigation of the Legal Malpractice Action,” Hinshaw’s Legal Malpractice and Risk Management Conference, Chicago, Illinois, February 2005.
• “Malpractice and How to Avoid It,” Chicago Bar Association seminar, “Family Law Pitfalls: How to Void Them,” Chicago, Illinois, January 2005.
• “Legal Malpractice Segment of Illinois Civil Procedure,” guest lecturer, DePaul University College of Law, Chicago, Illinois, November 2004.
• "Developments in the Law of Lawyering," American Bar Association National Legal Malpractice Conference, San Francisco, California, September 2004.
• Panelist, "Avoiding Professional Malpractice," Chicago Bar Association Seminar, Chicago, Illinois, June 2004.  
• "Malpractice Avoidance for Real Estate Litigators," Illinois State Bar Association (Real Estate Practice Section), Lombard, Illinois, May 2004.
• "Professional Liability Insurance and Risk Management for Law Firms," PLUS Midwest Chapter, December 2003.
• "Litigating the Legal Malpractice Course of Action," Legal Malpractice & Risk Management Conference, March 2004.
• "Avoiding Malpractice in Real Estate Litigation," ISBA Real Estate Litigation Section, May 2004.