Publications

Articles on Attorney Fees

Court reverses contempt order regarding failure to disgorge attorney’s fees to pay opposing party’s interim attorney’s fees

December
2016
Illinois Law Update
Page 16
In an unusual case where neither of the divorcing parties participated in the appeal, a former attorney for the respondent secured the reversal of a contempt order against him and the underlying interim fee order.

Second district holds that referral fee agreements need not include provision regarding attorneys’ joint assumption of financial responsibility

December
2016
Illinois Law Update
Page 16
The Second District of the Illinois Appellate Court recently held that a written referral agreement for division of attorneys' fees did not have to contain an express statement that the lawyers assumed joint financial responsibility for representing the client.

Attorney fees appropriate in termination of parental rights and adoption proceedings subsequent to divorce

August
2016
Illinois Law Update
Page 18
On May 27, 2016, the Appellate Court of Illinois held that the court may award attorney fees to a party in cases involving termination of parental rights and adoption proceedings under section 508 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

From the Discussions

March
2016
Article
Page 54
Should you charge a consultation fee? How do you find an out-of-state child?

Can Debtors Discharge Divorce-Based Attorneys’ Fees in Bankruptcy?

February
2015
Column
Page 50
In Chapter 7, no; in Chapter 13, maybe.

Maximizing Your Recovery in Fee-Shifting Cases

By Andy Norman
February
2015
Article
Page 32
Many federal and state actions provide for attorney fee-shifting, making a range of cases attractive that otherwise would not be. Here are tips for maximizing your recovery.

Can You Accept Bitcoins as Payment?

By Bailey E. Cunningham
January
2015
Column
Page 44
The short answer is "yes," but make sure you follow the ethics rules.

Recovering court costs and attorney’s fees in administrative appeals

January
2015
Illinois Law Update
Page 16
Pursuant to amendments to the Illinois Code of Civil Procedure, if a municipal code hearing officer's decision is reversed by a court in an administrative review action, the plaintiff is entitled to all reasonable costs (including court costs and attorney's fees), provided that:

Divorcing spouses must share the cost of attorney fees - even fees already paid

By Adam W. Lasker
November
2013
LawPulse
Page 554
The Illinois Supreme Court holds that a financially strapped divorcing wife can require her husband's lawyer to turn over already-paid fees to help finance her own legal expenses.

New supreme court rules a boon to limited-scope representation

By Adam W. Lasker
August
2013
LawPulse
Page 386
Amended Rules 11, 13, and 137 create business opportunities for lawyers by making it easier to represent clients for part, but not all, of a lawsuit or transaction.

Recovering Attorney Fees for Defending Frivolous Claims

By Monte L. Mann and John Haarlow Jr.
September
2012
Article
Page 474
There are two routes to attorney fees for defending frivolous claims - a motion for Rule 137 sanctions and, rarely, a malicious prosecution claim. Here's a look at both.

Appellate court upholds order debarring rejection of arbitration award and assessing attorney fees

March
2012
Illinois Law Update
Page 132
The unexplained absence of a party to an arbitration made the award voidable but not void and accrued attorney fees because his attorneys had a professional obligation to be diligent in keeping track of dates and important information in relation to client matters.

Beyond the Billable Hour

By Helen W. Gunnarsson
February
2012
Article
Page 80
More clients - and lawyers for that matter - are looking for value-based alternatives to the billable hour. The good news? They can be a win-win for attorney and client.

Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders

By Robert D. Kreisman
November
2011
Article
Page 568
Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.

Court affirms award of attorney’s fees in dissolution of marriage case

October
2011
Illinois Law Update
Page 496
The court found that, despite Petitioner Kristina Baniak's claims, the lower court had subject matter jurisdiction to hear the case regarding attorney's fees and that Baniak had waived all other issues raised in her appeal.

The Five Biggest Business Mistakes Lawyers Make

By Helen W. Gunnarsson
September
2011
Article
Page 444
Too many lawyers - especially new ones - undervalue their services. It's a short-sighted approach that can lead to big trouble, this lawyer argues.

Executor and estate attorney ordered to repay excessive fees

August
2011
Illinois Law Update
Page 388
Fees requested by an executor and attorney for administering an estate were not reasonable under the Probate Act, according to an Illinois Appellate Court.

Insurance company not required to pay attorney fees because actions were reasonable part of bona fide defense

March
2011
Illinois Law Update
Page 124
On December 28, 2010, the Appellate Court of Illinois, Third District, granted a motion for summary judgment after an insured sought private attorney's fees from her insurance company in the wake of a car accident and the ensuing litigation.

Errors and Omissions

December
2010
Column
Page 606
In re Marriage of Zells and not-yet-paid contingency fees; Foreclosure and divorce; and Who was that legal assistant?

Is a Not-Yet-Paid Contingent Fee Marital Property?

By H. Joseph Gitlin
October
2010
Column
Page 542
A divorcing lawyer has earned a big fee but hasn't been paid. Is the fee award marital property?

Getting fees from the other side in divorce

By Helen W. Gunnarsson
September
2010
LawPulse
Page 446

Thirty days for lawyers to file for fees and costs following withdrawal from representation. PA 096-0981

September
2010
Illinois Law Update
Page 452
Illinois attorneys now have 30 days following their court-approved withdrawal from representation of a client to petition the court for the reasonable compensation for their services. (755 ILCS 5/27-2)

Now How Much Would You Pay? Avoiding Involuntary Pro Bono

By Karen Erger
August
2010
Column
Page 430
Remember, there's nothing unprofessional about getting paid

See comments from our readers

April
2010
Column
Page 170
Habitability warranty disclaimers; FOIA attorney fees; family law attorney fees

Attorney Fees in Domestic Relations Cases: The 2009 Amendments to “Leveling of the Playing Field”

By the Attorney Fees Committee of the ISBA Family Law Section Council
March
2010
Article
Page 136
Learn about important changes to the attorney fee provisions of the Illinois Marriage and Dissolution of Marriage Act.

“[M]ortal combat”: Carr v Tillery

By Helen W. Gunnarsson
March
2010
LawPulse
Page 122
A legendary Metro-East trial lawyer and his former partners go head to head.

Federal courts have jurisdiction over legal malpractice claims in patent infringement cases

January
2010
Illinois Law Update
Page 16
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 

New statute clarifies family law attorney-fee provisions

By Helen W. Gunnarsson
October
2009
LawPulse
Page 490

Coming January 1: New Rules of Professional Conduct

By Helen W. Gunnarsson
August
2009
LawPulse
Page 386
Among other things, the new rules clarify that flat fees do not constitute frowned-upon "advance payment retainers," which is good news for most lawyers.

1099s for deadbeat clients?

By Helen W. Gunnarsson
January
2009
LawPulse
Page 10
 A law-office management expert puts forth the option of sending a nonpaying client a 1099 for the value of your services. Is it really OK to do so?

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