Plaintiff law firm represented a plaintiff, Pike, in a motor vehicle accident personal injury case and, pursuant to their agreement, law firm received 40 of the $295,000 settlement and 100% of the $18,410 litigation costs. Pike then reimbursed the ERISA fund of his carpenters' union the $165,950 it had advanced him to cover his medical and disability expenses until his personal injury suit resolved. Law firm was fully compensated before if filed suit against the ERISA fund, claiming that it was entitled to 33% of Pike's reimbursement to his union and an additional 33% of the law firm's litigations. The common fund doctrine supports an award of only unpaid fees and costs and is not a basis for obtaining additional compensation. Under the common fund doctrine, the attorney-client agreement between law firm and Pike did not create the right for the attorneys to receive more than 40% of the proceeds of Pike's suit. (ELLIS and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Attorney's Fees