Glancy v. Brown

Illinois Appellate Court
Civil Court
Attorney Fees
Case Number: 
2021 IL App (3d) 200468
Decision Date: 
Friday, July 9, 2021
3d Dist.
Peoria Co.

Plaintiff attorneys filed suit against another law firm seeking to enforce an alleged attorney fee-sharing agreement related to the prosecution of a personal injury and wrongful death action in Missouri. The wrongful death action settled in Missouri and that settlement, along with an earlier settlement, totaled $21 million, and $6.9 million in attorney fees were in issue.Court found that Plaintiffs established a fair question of likelihood of success on the merits, as to the application of Illinois law (which favors a referral fee) rather than Missouri law (which allegedly does not allow referral fees) and whether they were involved in a joint venture for purposes of administering the case. Court found that the balance of equities or hardships favored Plaintiffs due to the actions of Defendant attorney, including his lack of transparency and who did not argue that holding half of $6.9 million in trust while the matter was litigated would inhibit his ability to maintain his business. Plaintiffs were also required to post a bond. Plaintiffs made a sufficient showing as to each element, and court did not abuse its discretion in granting preliminary injunction for Plaintiffs. (DAUGHERITY and LYTTON, concurring.)