Publications

Illinois Bar Journal
Articles on Attorney Fees

Defendants judicially estopped from alleging that their attorney fees are unreasonable after petitioning for reimbursement for those same fees September 2003 Illinois Law Update, Page 436 On June 12, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County finding that the defendants were judicially estopped from disputing their legal fees.
Marketing Tips for Small Law Firms By John W. Olmstead September 2003 Column, Page 469 Small-firm lawyers can no longer ignore marketing and hope to survive, let alone thrive. Here are tips for ramping up your marketing effort.
Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she “substantially prevails” April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.
Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810 December 2002 Illinois Law Update, Page 634 Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.
Fee tax turns employment-lawsuit winner into loser By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.
More Bread, Fewer Claims By Karen J. Dilibert June 2002 Column, Page 321 Want to increase your chances of collecting fees while sending clients away happy; or at least not fighting mad? Then read on.
To recover attorney fees from an appeal under the Illinois Marriage and Dissolution of Marriage Act, the party appealing must “substantially prevail” by obtaining relief that is at least 50 percent of the relief sought April 2002 Illinois Law Update, Page 176 On February 6, 2002 the Appellate Court of Illinois, Fourth District, addressed a question of first impression regarding the meaning of "substantially prevailed" in the attorney fees provision of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(a)(3.1).
Since there was no reliable evidence that an attorney could command his claimed market rate, it was proper to reduce both the attorney’s hourly rate and claimed hours March 2002 Illinois Law Update, Page 120 On December 26, 2001, the seventh circuit affirmed the district court and held that the district court acted reasonably by first, reducing an attorney's hourly rate from the $310 claimed to $205.
All reasonable attorney fees incurred in collection of back-due child support must be awarded when a finding is made that the failure to pay had no compelling cause or justification October 2001 Illinois Law Update, Page 516 On August 17, 2001, the Appellate Court of Illinois, Second District, vacated the trial court's order and ordered the respondent to pay petitioner's reasonable attorney fees and costs.
An Insurer’s Rights in Illinois Under the Common Fund Doctrine By Beth C. Boggs May 2001 Article, Page 242 A review of the law and advice to help insurers avoid paying unjustified attorney fees.
“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.
A Conflicts Primer for General Practitioners By Karrieann Couture Kroeger April 2001 Article, Page 199 Common conflicts and how to avoid them.
Illinois Supreme Court 2000: The Last Work of the Court as We Knew It By Nancy J. Arnold and Tim Eaton April 2001 Article, Page 174 The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.
The Lawyer’s Journal By Bonnie C. McGrath April 2001 Column, Page 166 Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.
The Lawyer’s Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Correspondence from Our Readers December 2000 Column, Page 678 Civility, please.
Allerton House Conference 2000: MDPs and the Legal Profession By Elizabeth Ellis November 2000 Article, Page 628 A review of MDP through a report of this year's Allerton House Conference proceedings.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Recovering Costs in Illinois Civil Actions By Matthew R. Henderson and Andrew R. Schwartz September 2000 Article, Page 504 A review of the authority for recovery of costs; the authors argue for a less restrictive rule.
Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order By Gunnar J. Gitlin and Chris S. Haaff August 2000 Article, Page 444 A review of the cases that have diminished appellate courts' power to review domestic relations cases.
Attorneys can receive reimbursement for their fees either under the provisions of the Workers’ Compensation Act or based on a private arrangement with the client July 2000 Illinois Law Update, Page 380 On May 18, 2000, the Illinois Supreme Court reversed the appellate court and held that section 5(b) of the Workers' Compensation Act permitted an attorney to recover his attorney fees only as delineated in the Act and not in conjunction with a private fee arrangement.
Balancing the Tripartite Relationship between Defendant, Defense Counsel, and Insurer By David H. Anderson July 2000 Article, Page 384 A review of issues important both to defense lawyers and counsel for the insured.
The Lawyer’s Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
An Overview of Illinois Nursing Home Litigation By Stephen C. Buser and Harriet H. Hamilton June 2000 Article, Page 316 A practice-oriented review of Illinois and federal statutes and cases governing nursing home lawsuits.
The Lawyer’s Journal By Mark Mathewson April 2000 Column, Page 192 What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.
Correspondence from Our Readers March 2000 Column, Page 118 Avoiding SSA withholding
The Lawyer’s Journal By Bonnie C. McGrath March 2000 Column, Page 124 Public defenders and legal malpractice; lawyers can commit UPL; and more.
The Lawyer’s Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Bringing an ERISA Claim: A Step-by-Step Guide By Mark D. DeBofsky January 2000 Article, Page 20 A practice-oriented review of one of the most important, but least understood, federal laws.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?