Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case In re Marriage of Earlywine and the criminal case People v. Hale.

CIVIL

In re Marriage of Earlywine

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

In re Marriage of Earlywine presented the issue of whether attorneys’ fees paid to a spouse’s attorney and held in an advance payment retainer account complying with Rule 1.15 of the Illinois Rules of Professional Conduct is subject to a disgorgement order for payment of interim attorneys’ fees under the authority of § 501(c-1) of the Illinois Marriage and Dissolution of Marriage Act.  The circuit court, finding that neither party had the financial ability or resources to pay their respective attorney fees, ordered the husband’s attorney to turn over to the wife’s attorney half of the fees previously paid. 

The appellate court affirmed, and in turn was affirmed by the supreme court.  The trial court’s opinion noted that the purpose of the Dissolution Act is to achieve substantial parity between the parties, and that that public policy should override the advance payment retainer device for protecting fees.  The supreme court endorsed that reasoning.