Goldwater v. Greenberg

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2017 IL App (1st) 163003
Decision Date: 
Friday, December 15, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
HOFFMAN

Court dismissed complaint of Plaintiff, an Illinois attorney, against Defendants for breach of a contract to pay legal fees for their son in Plaintiff's representation of him in dissolution matter.  Plaintiff's full performance precludes the use of the statute of frauds as a defense to enforcement. As complaint contains no allegations that client's mother made any agreement that she would pay all legal fees and costs for Plaintiff's representation of son, court properly dismissed her as a party defendant. (CUNNINGHAM and CONNORS, concurring.)