Plaintiff law firm, which had represented Defendants in breach of contract litigation for 2 years, billed Defendants for $19,373 after litigation was completed, but Defendant told Plaintiff he did not intend to pay. Court found that Plaintiff was entitled to Rule 137 sanctions of $5,000 (amount of insurance deductible) from Defendants. Denying Plaintiff reasonable attorney fees would be incompatible with Rule 137.Court should first determine whether conduct was violative of Rule 137, then grant leave to file petition for attorney fees, which would be heard separately from the Rule 137 determination. Plaintiff is entitled to file a petition for reasonable attorney fees. No evidentiary hearing was needed to issue an award of sanctions. (MIKVA and CONNORS, concurring.)
Illinois Appellate Court
Civil Court
Sanctions