Vandenberg v. RQM, LLC

Illinois Appellate Court
Civil Court
Attorneys’ Fees
Citation
Case Number: 
2020 IL App (1st) 190544
Decision Date: 
Friday, June 26, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
MIKVA

Court granted Plaintiffs' motion to adjudicate attorney liens, and adjudicated them to zero, extinguishing the liens and denying law firm's petition for fees and expenses. Court's order was not an abuse of discretion, as law firm's conduct put the Plaintiffs' recovery in serious jeopardy. Plaintiff's former counsel had an ex parte phone call with the trial judge's clerk about a jury note sent during deliberations, but he failed to disclose this to defense counsel or to the judge. Court found that firm had repeatedly breached its duty to Plaintiffs throughout the attorney-client relationship. Representation agreement drafted by firm provided that firm was, if discharged by clients, entitled only to compensation for the time it spent in connection with Plaintiffs' claims, and it made no showing of those hours. Court abused its discretion in denying firm's claim for expenses, plus interest, as provided in the representation agreement. (CUNNINGHAM, concurring; GORDON, specially concurring.)