In re Estate of Weber

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2021 IL App (2d) 200354
Decision Date: 
Wednesday, July 7, 2021
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
McLAREN

Law firm represented Weber in her divorce proceedings. After Weber terminated firm's representation, firm filed petition for setting of final fees and costs per sections 508(a) and 508(c) of Marriage and Dissolution of Marriage Act. Weber's husband died 1 week after judgment of dissolution was entered, and Weber died 4 months later, shortly after having filed responses to firm's fee petition. Court determined that a conflict of interest in violation of Rule 1.7 arose, by firm having represented both Weber and her caregiver, on a certain date and that firm was entitled to  no fees for any services provided as of that date. Court ordered disgorgement of $14,313 in firm's fees and the forfeiture of $125,472 in owed fees. Court's decision subverted section 508 of the Marriage Act and the spirit and intent of the Rules of Professional Conduct, it was an arbitrary decision which was an abuse of discretion. Remanded for entry of judgment in favor of firm on all of its claimed fees, including those that should have been allowed but were denied due to alleged conflict of interest. (HUTCHINSON and ZENOFF, concurring.)