Subject Index Attorney Fees

High court tackles division of attorney fees in divorce

By Matthew Hector
May
2017
LawPulse
, Page 10
The court ruled that spouses can seek attorney fees from the other party in divorce if their "financial stability" would otherwise be undermined.
1 comment (Most recent January 16, 2018)

Earned fees are not “available” for disgorgement

April
2017
Illinois Law Update
, Page 22
Attorney fees paid for services rendered or expenses previously incurred are not "available" for disgorgement.

From the Newsletters - 3 Steps for Recovering Postjudgment Attorney Fees

March
2017
Article
, Page 37
So you won a judgment - now you have to collect it. Take these three steps to ensure you can recover collection-related attorney fees and costs.

Recovery of attorney’s fees for obtaining recovery against third party in workers’ compensation action includes valuation of future medical payments

February
2017
Illinois Law Update
, Page 20
Plaintiff was seriously injured while working on a construction project for the defendant, Panduit Corporation.

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.
2 comments (Most recent February 9, 2015)

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.
3 comments (Most recent October 31, 2013)

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.
1 comment (Most recent August 1, 2013)

Recovering Attorney Fees for Defending Frivolous Claims

By Monte L. Mann & 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
Cover Story
, 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.
1 comment (Most recent January 27, 2012)

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.
1 comment (Most recent January 11, 2016)

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
Cover Story
, 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
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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.
1 comment (Most recent September 19, 2013)

“[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.

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