(Court opinion corrected 7/16/20.) Plaintiff law firm filed complaint against its former client (in dissolution proceedings in McHenry County) to recover attorney's fees. Court entered order granting Defendant's motion to dismiss on a ground not originally specified in Defendant's motion. Fee agreement included an "Enhancement Provision" which provided for a "final bill" that would include a fee "in addition to the hourly rates" that considered "the amounts involved and the results obtained". Circuit court erred in denying Plaintiff recovery under that Provision, in finding, without citation to authority, that attorney fees in dissolution proceedings are limited as the "final bill" could not be based on the same factors used to determine the hourly fee. Court should have given consideration to the parties' agreement expressed in a written contract for a final bill, giving proper consideration to the relevant factors, including the results achieved, to determine whether law firm is entitled to any additional fees beyond the hourly fees. Consideration of the result achieved in a particular case is not only permissible but required. (REYES and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Attorney's Fees