Blown out of proportionBy Michael G. CortinaBench and Bar, May 2019Crystal Lake Limited Partnership v. Baird & Warner Residential Sales, Inc. provides an interesting reminder regarding fee-shifting clauses and how courts should enforce them.
Billable hours: The necessary vs. the not so necessaryBy Arsenio L. MimsFederal Civil Practice, March 2019It is imperative for attorneys to bill accurately, descriptively, correctly, efficiently, and with the utmost judgment to uphold the integrity and the standards of the legal profession.
Attorney fees and quantum meruitBy Erin M. SieversWorkers’ Compensation Law, May 2018The appellate court's recent decision in Abel Ponce v. Illinois Workers’ Compensation Commission addresses the apportioning of attorneys’ fees between a law firm originally hired by the claimant and the successor law firm.
IRMO of Goesel: The Supremes have spoken!By Jeanne M. ReynoldsFamily Law, January 2018The Illinois Supreme Court recently resolved the burning issue of whether or not earned attorney fees are subject to disgorgement.
Obtaining attorney fees in voluntary lawyer program casesBy Gary L. SchlesingerCivil Practice and Procedure, July 2017There are several cases in Illinois dealing with legal services’ attorneys collecting fees for representing legal services’ clients from an opposing client who has paid his or her own attorney.
The risks of using legal forms without attorney guidance… Episode # 37By Michael J. MaslankaReal Estate Law, April 2017If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
Is my bank client stuck paying for my fees to enforce a judgment?By Bradley W. SmallCommercial Banking, Collections, and Bankruptcy, January 2017Attorney fees and costs in obtaining a judgment are often included in the judgment, but what about the post-judgment costs and fees involved in enforcing the judgment?
Fee Petitions: Kaiser and beyondBy James J. AyresBench and Bar, December 2016Any attorney who has sought an award for attorney fees from the circuit court must be aware of the requirements of Kaiser v. MEPC Am. Properties, Inc. However, counsel should also be aware of Aliano v. Sears, Roebuck & Co.
Location, location, location: All you really need to know about disgorgement of feesBy Rory T. WeilerFamily Law, December 2016In light of the difference of opinion between the First and Second District, practitioners in those two districts will find that the answer to the question of whether disgorgement is available depends principally upon where the divorce case is filed.
To disgorge or not to disgorge?By Zachary WilliamsFamily Law, December 2016With the recent decision in In re Marriage of Altman and Block, there is now a split in the Illinois Appellate Courts as to whether a trial court can order one attorney to disgorge earned fees in order to “level the playing field” between two parties, when neither party can afford to pay their attorney fees.
Consent judgments for payment of attorney feesBy Shannon L. BradfordLaw Office Management and Economics, Standing Committee on, September 2015Although lawyers should seek out good clients, good cases, and efficient procedures, nonpaying clients are inevitable. The author provides sample consent judgments, which may provide an efficient solution to the problem.
McVey v. M.L.K. Enterprises: Proper calculation of the hospital lienBy Hon. Daniel T. Gillespie & Jonathan P. KuhnCivil Practice and Procedure, August 2015In McVey v. M.L.K. Enterprises the Illinois Supreme Court overruled Stanton v. Rea and found, unequivocally, that the plain text of the Healthcare Services Lien Act requires that neither attorney’s fees nor costs be deducted before calculating the statutory maximum lien on plaintiff’s award.
Should there be a presumption favoring awards of attorney fees in copyright litigation?By William T. McGrathIntellectual Property, June 2014Section 505 of the Copyright Act allows courts to award attorney fees to the prevailing party in a copyright case. Twenty years ago, the Supreme Court in Fogerty v. Fantasy, Inc. held that courts should assess fees using an “evenhanded” approach rather than one favoring a prevailing plaintiff. The Court emphasized the importance of the “equitable discretion” of the district courts in awarding fees. But in recent years, the Seventh Circuit has called for “presumptive entitlement” of attorney’s fees to the prevailing party. This paper points out the number of problem with such a presumption, including the difference between a presumption and an inference and the chilling effect on plaintiffs with legitimate claims.
Attorney fees provision in invoice binding on buyer (N.D. Illinois 2013)By Paul B. PorvaznikCommercial Banking, Collections, and Bankruptcy, December 2013The Northern District recently weighed in on the fee-shifting-language-in-invoice question in VLM Food Trading International, Inc. v. Illinois Trading Co.
Reasonable attorney fees & ISBA Advisory Opinion No. 13-01By Thomas Bransfield & Darrell DiesTrusts and Estates, May 2013For those of you who represent representatives of decedent’s estates, the ISBA Advisory Committee Opinion No. 13-01 issued January 2013, is a must-read. This is part I of a two-part article looking at the opinion and its ramifications.
Attorney fees in administrative law? Yes, you can—but follow the statuteBy Carl R. DraperAdministrative Law, February 2013For agencies subject to the Administrative Procedure Act (most State agencies) litigants are to be awarded a full measure of attorney fees for any case where a court finds that the agency enforced a rule that is invalid for any reason.
Fee awards: Not a sure thingBy Susan M. BrazasTrusts and Estates, February 2013Attorneys should be cautious to file fee petitions or claims within the time prescribed by statute or court order, and should be prepared to address not just the statutory basis for fee awards but also any pertinent ethical or policy concerns.
Sharing fees, ownership of law firms with non-lawyersBy Richard L. ThiesSenior Lawyers, February 2013An example of how the ISBA has been influential in defeating proposals from within and outside the profession that would have a damaging effect on the public and the profession.
Fee awards: Not a sure thingBy Susan M. BrazasGeneral Practice, Solo, and Small Firm, January 2013Attorneys should be cautious to file fee petitions or claims within the time prescribed by statute or court order, and should be prepared to address not just the statutory basis for fee awards but also any pertinent ethical or policy concerns.
A review of attorney fees in probate courtBy Donald L. ShriverTrusts and Estates, January 2012A look at the ethics of the legal and practical effects of In re Estate of Bitoy.
Attorney fees on MSA funds confirmed in N.J.By Brad E. BleakneyWorkers’ Compensation Law, November 2011The New Jersey Superior Court recently considered whether Medicare regulations and CMS allowed an attorney to recover attorney fees for creating a settlement obtained on behalf of a client in a civil suit from the Medicare set aside funds itself.
