Navigating the Attorney’s Fees and Wage Actions ActBy Donald S. Rothschild & Brian M. DoughertyLabor and Employment Law, July 2011The Fees Act is not your typical “prevailing party,” fee-shifting statute. Its inner workings are unusual and this article will explain how to comply with its requirements.
Bill for your value, not just your laborBy Dan BreenLaw Office Management and Economics, Standing Committee on, April 2011How do we stray from straight time billing when time is such an important part of our stock in trade?
Attorney’s fee seldom will be greater than lodestarBy Michael R. LiedLabor and Employment Law, October 2010Despite superior performance and results, lawyers in most cases will not be awarded increased attorney fees.
The DOs and DON’Ts when seeking fees in probateBy Martin W. SiemerElder Law, June 2010A recent decision handed down by the First District Appellate Court, In re Estate of Bitoy, provides a good review of fee issues in probate estates.
Awarding attorney fees in fiduciary duty casesBy Lawrence E. Varsek & Roman R. OkreiTrusts and Estates, March 2010Illinois courts have made clear that they will enter an award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty.
Editor’s columnBy Matthew A. KirshFamily Law, November 2009On August 18, 2009 the governor signed Senate Bill 0065, which became Public Act 096-0583, which significantly alters the law regarding attorney fees in divorce cases.
The ethics of fee sharing in tort law casesBy Albert E. DurkinTort Law, October 2009In the field of plaintiff personal injury litigation, a substantial amount of business is received on a referral basis. Tort practitioners commonly are referred cases from fellow lawyers who do not practice in that chosen field.
7th Circuit joins 8th and 9th Circuits in allowing attorney fees for successful NAD appeals*By Lois WoodAgricultural Law, February 2009The 8th and 9th Circuit Courts of Appeal had previously held that successful National Appeals Division appellants can claim attorney fees. However the USDA had refused to apply those rulings to appellants from outside those two circuits.
Awarding attorneys fees to prevailing partyBy Hon. Michael KileyBench and Bar, October 2008A plaintiff files suit against a defendant seeking damages, including reasonable attorney fees, pursuant to a contractual term that provides for an award of fees to the prevailing party.
How much will I get paid as a Chicago lawyer taking an out-of-town case?By Pierina J. InfeliseYoung Lawyers Division, April 2008Rule 1.5 of the ABA Model Rules on professional responsibility states, “A lawyer’s fees shall be reasonable,” and sets forth several factors to determine whether a lawyer’s fees are in fact reasonable.
Resolutions for 2008By Mary A. CorriganLaw Office Management and Economics, Standing Committee on, April 2008Although 2008 is already underway, it is not too late to implement some resolutions for improvement of your law practice.
Prevailing parties and attorney feesBy John H. BrechinLocal Government Law, June 2007In the January 2007 Local Government Newsletter, we reported on the decision of the Second District Appellate Court in the case of City of Elgin v. All Nations Worship Center, 369 Ill.App.3d 664 (2006).
Radosevich, continued attorney fees under §19(g)By Mark P. MatrangaWorkers’ Compensation Law, June 2007The last newsletter contained a discussion of the interest rate on Commission awards found in the Fourth District decision in Radosevich v. Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469(2006).
Can an unlicensed law firm recover in a suit for attorney fees?By Hon. Daniel T. GillespieCivil Practice and Procedure, May 2007One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Law office management 102: Getting your financial house in orderBy Mary A. CorriganLaw Office Management and Economics, Standing Committee on, May 2007Every lawyer who has opened the doors to a new law practice quickly discovers the necessary evil of maintaining an accurate accounting system.
“All collection costs” does not mean attorney feesBy H. Allen YowGeneral Practice, Solo, and Small Firm, January 2006Attorneys drafting promissory notes, contracts and other written instruments must clearly articulate the rights, obligations and liabilities of the parties involved.
Casenote: Collecting attorneys fees in probate court following the ward’s deathBy Peter R. OlsonElder Law, November 2005The circuit court retains subject-matter jurisdiction over proceedings to enforce an order commanding the ward’s trust to pay attorney fees to the guardianship petitioner and the guardian ad litem, although the ward of the guardianship estate died and the guardianship estate had been closed, according to a recent ruling of the First District Appellate Court in Estate of Marie Ahern v. The Ahern Trust.
Untangling interim attorney fee awards and disgorgement under the Parentage Act: Clarity at last?By Nanette A. McCarthy & Carol JonesFamily Law, April 2005Imagine a scenario in which Enrique learns that he is the father of an eight-year-old son, Henry. Enrique never knew of Delilah's (his former girlfriend's) pregnancy, or the birth of Henry, because the couple split up shortly after Henry was conceived and never had physical contact thereafter.
Recent family law casesBy Adrienne W. AlbrechtFamily Law, January 2005The Illinois Supreme Court has recently handed down several significant opinions affecting Family Law practitioners.
Fee schedulesBy Walter KilgusGeneral Practice, Solo, and Small Firm, December 2003I have before me a booklet titled as follows, "Manual on Fees and Charges Including Suggested Minimum Fee Schedule of the Illinois State Bar Associations."
Court costs in civil casesBy Hon. Terrence J. BradyBench and Bar, June 2003The Illinois Supreme Court has put the defining word on the issue of recoverable court costs in civil cases.
What you charge is key to your marketing messageYoung Lawyers Division, June 2003When hiring a lawyer, prospects want to make the right decision. Yet to thoroughly check out a lawyer, a prospect needs to conduct a fair amount of time-consuming research.
Attorney fees and the Rules of Professional ConductBy Chris E. FreeseGeneral Practice, Solo, and Small Firm, January 1999This article reviews the provisions of the Illinois Rules of Professional Conduct as they pertain to attorney fees.
