Publications

Articles on Attorney Fees

Fees, Part 2: Higher ceilings for court-appointed attorneys?

By Helen W. Gunnarsson
September
2005
LawPulse
Page 438
Fees, Part 2: Higher ceilings for court-appointed attorneys?

Law firm’s failure to register under Rule 721 not UPL

By Helen W. Gunnarsson
July
2005
LawPulse
Page 330
And that means an unregistered firm can collect its attorney fee award, the supreme court holds.

Failure to register under Supreme Court Rule 721(c) does not amount to the unauthorized practice of law

June
2005
Illinois Law Update
Page 280
On March 24, 2005, the Illinois Supreme Court reversed the orders of both the appellate and circuit courts, which vacated an attorney fees award. 

Fee arrangements made prior to a client’s death will remain in tact, absent proof of intent to change the fee arrangement

June
2005
Illinois Law Update
Page 280
On March 18, 2005, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's decision denying a motion for declaratory judgment by the defendants. 

Fee Not-So-Simple: Referral Fee Dos and Don’ts

By Helen W. Gunnarsson
May
2005
Article
Page 236
It's permissible to refer cases to other lawyers and share in the fee, as long as you meet the requirements.

Maximum hourly amount for attorney’s fees increased for contested unemployment insurance matters

April
2005
Illinois Law Update
Page 170
The Illinois Department of Employment Security recently amended 56 Ill Adm Code 2720.20. These changes became effective on January 24, 2005.

Highlights of the 2004 ISBA Law Firm Economic Benchmarking Survey

By Virginia Grant
December
2004
Article
Page 624
How well are ISBA lawyers doing economically? Our recent economic survey provides answers to this and other questions.

Disbursement, within the meaning of section 14 of the Arbitration Act, does not include an award of attorney’s fees

September
2004
Illinois Law Update
Page 456
On June 14, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's denial of a petition for attorney's fees.

Recovering Attorney Fees From the Opposing Party in Illinois Divorce Cases

By Alison G. Turoff
September
2004
Article
Page 462
A guide through the steps required under IMDMA to recover fees from the other side.

Accepting fee payments by credit card; priceless?

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
Charging interest on late accounts and accepting fee payments by credit card are a carrot-and-stick approach to getting paid on time.

Attorney fees, family law and In re Marriage of King

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
The Illinois Supreme Court has given divorce lawyers one more reason to get as much of their fee up front as possible.

Getting paid, part 1: demand bankruptcy fees up front

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
Thanks to a new seventh circuit case, it's more important than ever for attorneys who represent debtors in Chapter 7 to get all of their fees up front.

Getting paid, part 2: A new probate pitfall to avoid

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
If your client is seeking payment from an estate, make sure you file a claim with the probate court even if the estate representative knows about the debt; that knowledge might not put the estate on the hook, according to a new appellate court ruling.

Is your firm registered with the supreme court?

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
News flash: many law firms, not just lawyers, must register, and those who don't could see their fee awards invalidated.

When Can You Retain Client Files for Failure to Pay Fees?

By Patrick Sean Ginty
February
2004
Article
Page 97
While retaining liens can be effective, you should understand their scope and effect before you use them.

Correspondence from Our Readers

December
2003
Column
Page 590
"Incorrect assumptions" about involuntary psychiatric treatment.

Recovering Penalty Awards and Attorney Fees Under the Workers’ Compensation Act

By Michelle D. Porro
December
2003
Article
Page 610
Has a carrier unreasonably delayed payment to your client? This article reviews penalties and fee-award options.

Defendants judicially estopped from alleging that their attorney fees are unreasonable after petitioning for reimbursement for those same fees

September
2003
Illinois Law Update
Page 436
On June 12, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County finding that the defendants were judicially estopped from disputing their legal fees.

Marketing Tips for Small Law Firms

By John W. Olmstead
September
2003
Column
Page 469
Small-firm lawyers can no longer ignore marketing and hope to survive, let alone thrive. Here are tips for ramping up your marketing effort.

Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she “substantially prevails”

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.

Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810

December
2002
Illinois Law Update
Page 634
Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.

Fee tax turns employment-lawsuit winner into loser

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.

More Bread, Fewer Claims

By Karen J. Dilibert
June
2002
Column
Page 321
Want to increase your chances of collecting fees while sending clients away happy; or at least not fighting mad? Then read on.

To recover attorney fees from an appeal under the Illinois Marriage and Dissolution of Marriage Act, the party appealing must “substantially prevail” by obtaining relief that is at least 50 percent of the relief sought

April
2002
Illinois Law Update
Page 176
On February 6, 2002 the Appellate Court of Illinois, Fourth District, addressed a question of first impression regarding the meaning of "substantially prevailed" in the attorney fees provision of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(a)(3.1).

Since there was no reliable evidence that an attorney could command his claimed market rate, it was proper to reduce both the attorney’s hourly rate and claimed hours

March
2002
Illinois Law Update
Page 120
On December 26, 2001, the seventh circuit affirmed the district court and held that the district court acted reasonably by first, reducing an attorney's hourly rate from the $310 claimed to $205.

All reasonable attorney fees incurred in collection of back-due child support must be awarded when a finding is made that the failure to pay had no compelling cause or justification

October
2001
Illinois Law Update
Page 516
On August 17, 2001, the Appellate Court of Illinois, Second District, vacated the trial court's order and ordered the respondent to pay petitioner's reasonable attorney fees and costs.

An Insurer’s Rights in Illinois Under the Common Fund Doctrine

By Beth C. Boggs
May
2001
Article
Page 242
A review of the law and advice to help insurers avoid paying unjustified attorney fees.

“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities

April
2001
Illinois Law Update
Page 170
On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.

A Conflicts Primer for General Practitioners

By Karrieann Couture Kroeger
April
2001
Article
Page 199
Common conflicts and how to avoid them.

Illinois Supreme Court 2000: The Last Work of the Court as We Knew It

By Nancy J. Arnold and Tim Eaton
April
2001
Article
Page 174
The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.

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