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Chapter 1 — Practical and Ethical Considerations - Chapter 2 — Attorneys’ Fees
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I. Attorney-Client Relationship - Forming Relationship
- [2.1] Engagement Agreements
- [2.2] Maintaining Time Records
- [2.3] Who Should Maintain Time Records
- [2.4] Details of Writing Time Records
- [2.5] Specificity of time records
- [2.6] Explicit description of conferences
- [2.7] Scrutiny of “revising documents”
- [2.8] Scrutiny of “reviewing documents”
- [2.9] Fees pertaining to cocounsel or substitute counsel
- [2.10] Routine and administrative matters
- [2.11] Duplicative time
- [2.12] Contemporaneous Time Records
- [2.13] Respecting Fiduciary Duty to Client
- [2.14] Burden of Proof as to Financial Matters
- [2.15] Consequences of Breach of Fiduciary Duty
- [2.16] Obtaining Security for Fees
- Termination of Relationship
- [2.17] Client’s Right To Discharge Attorney
- [2.18] Attorney’s Right To Withdraw from Case
- II. Trial Court’s Jurisdiction To Award Fees
- Expiration and Termination of Trial Court’s Jurisdiction
- [2.19] Normal Expiration of Jurisdiction
- [2.20] Deadline for Filing Petition for Award of Fees from Client
- [2.21] Deadline for Filing Petition for Contribution from Client’s Spouse
- Exceptions to Normal Expiration of Jurisdiction
- [2.22] Trial court may retain its jurisdiction by “reserving jurisdiction”
- [2.23] Trial court may regain its jurisdiction if party waives right to object to court’s jurisdiction
- [2.24] Trial court retains jurisdiction to award interim fees for appeal if notice of appeal is filed
- Termination of Jurisdiction by Acts of Parties
- [2.25] Dismissal
- [2.26] Voluntary Dismissal
- [2.27] Death of Party
- [2.28] Remarriage
- [2.29] Waiver
- [2.30] Limited Reacquisition of Jurisdiction After Appeal
- III. [2.31] Seeking §508(b) Sanctions Against Client’s Spouse for Violation of Court Order
- IV. [2.38] Seeking Interim or Final Award of Contribution in Dissolution Case
- [2.39] In General
- [2.40] Who Has Standing
- [2.41] Time for Filing Petition for Attorneys’ Fees and Costs
- [2.42] Petition for Interim Fees and Costs During Dissolution Proceedings
- [2.43] Summary of §501(c-1)
- [2.44] For Prospective Attorneys’ Fees and Costs
- For Incurred Attorneys’ Fees and Costs
- [2.45] In General
- [2.46] For Attorneys Who Have Withdrawn or Been Discharged
- [2.47] Components of Petition for Interim Fees and Costs
- [2.48] Responsive Pleadings
- [2.49] Hearing on Petition for Interim Fees and Costs
- [2.50] Decision by Court
- [2.51] Effect of Interim Fee Award
- Petition for Final Fees and Costs in Dissolution Proceedings
- [2.52] Court’s Authority To Award Fees and Costs
- [2.53] Summary of §503(j)
- [2.54] Time for Filing Petition for Fees and Costs
- [2.55] No Existing Agreement Between Parties
- Filing of Required Documents
- [2.56] Written Petition for Fees
- [2.57] Affidavits
- [2.58] Necessary Components of Fee Petition
- [2.59] Allege statutory authority
- [2.60] Establish qualifications of attorneys and expert witnesses
- [2.61] Set forth amount requested
- [2.62] Set forth hourly rates
- [2.63] Itemize services performed and costs incurred
- [2.64] Allege reasonable necessity of services and reasonableness of fees
- [2.65] Allege client’s obligation to pay fees
- [2.66] Allege inability and ability to pay (or failure to comply with court order)
- [2.67] Verify petition
- [2.68] No Waiver of Attorney-Client Privilege
- [2.69] Responding Party’s Response and Hearing Request
- Trial on Final Fee Petition
- [2.70] Time for Trial
- [2.71] Possibility of Full Evidentiary Hearing
- [2.72] Order of Proof
- [2.73] Proving Entitlement to Contribution
- [2.74] Proving element of financial justification
- [2.75] Types of evidence that may be used
- Who qualifies for award of contribution
- [2.76] In general
- [2.77] Factors pertaining to petitioning party’s entitlement to contribution
- Income
- [2.78] Current income
- [2.79] Employment (earning capacity)
- [2.80] Age and health
- [2.81] Effect of payment of fees on client’s means of support and economic stability
- [2.82] Prospective income
- [2.83] Parties’ net worth
- [2.84] Either party’s payment of own legal fees
- [2.85] Noneconomic factors courts consider
- Establishing that responding party should be required to pay petitioning party’s fees
- [2.86] In general
- [2.87] Evidentiary considerations
- [2.88] Factors in Determining Amount of Fees To Be Awarded
- [2.89] Time required to perform legal services
- Evidentiary considerations
- [2.90] Burden of proof
- [2.91] Submitting engagement agreement into evidence
- Proving time spent
- [2.92] Detailed time records
- [2.93] Contemporaneous time records
- [2.94] Attorney-client privilege
- [2.95] Refreshing recollection
- [2.96] Best-evidence rule
- [2.97] Questioning by judge
- [2.98] Opinion of attorney
- [2.99] Judge’s knowledge and experience
- [2.100] Reliance on pleadings and affidavits on file
- [2.101] Quality of services provided
- Results obtained or value of services
- [2.102] In general
- [2.103] Evidentiary considerations
- [2.104] Novelty of issues
- [2.105] Importance of subject matter
- [2.106] Difficulty/complexity of issues
- [2.107] Preclusion of attorney’s other employment
- [2.108] Comparison of fees requested with usual and customary charges
- [2.109] Locality
- [2.110] Rates for court time and non-court time
- [2.111] Comparison of fees requested with amount at stake (value of case)
- [2.112] Attorney’s experience, reputation, and ability
- [2.113] Degree of professionalism
- [2.114] Effect on attorney’s welfare and nerves
- [2.115] Other factors
- [2.116] Need for Expert Witness
- [2.117] Reasonableness of fees
- [2.118] Other issues
- [2.119] Choice of expert witness
- [2.120] Disclosure of expert witness
- V. Opposing Petition for Final Award of Contribution in Dissolution Case
- VI. Decision by Court on Petition for Final Award of Contribution in Dissolution Case
- [2.123] Trial Court’s Broad Discretion
- [2.124] Court’s Discretion as to Financial Justification Element
- [2.125] Court’s Discretion as to Amount of Fees
- [2.126] Abuse of Trial Court’s Discretion
- [2.127] Petitioning Party Establishing Inability To Pay Own Fees and Ability of Responding Party To Pay Some or All of Them
- [2.128] Petitioning Party Failing To Establish Inability To Pay Own Fees
- [2.129] Specific Findings Not Required by Trial Court
- Res Judicata
- [2.130] Definition
- [2.131] Application of Doctrine
- [2.132] Collateral Estoppel
- VII. [2.133] Seeking Interim or Final Award of Contribution in Postjudgment Matters
- VIII. [2.139] Seeking Fees from Other Parent in Paternity Cases
- IX. [2.144] Seeking Interim or Final Award of Contribution for Appeals
- For Prospective Fees and Costs
- [2.145] Prospective Fees and Costs To Defend Appeal
- [2.146] Jurisdiction of Trial Court To Make Award
- [2.147] Effect of Cross-Appeal
- Procedure for Obtaining Prospective Fees
- [2.148] Filing of petition
- [2.149] Hearing on petition
- [2.150] Proving factors
- [2.151] Financial justification for award
- [2.152] Proving reasonable necessity of services and reasonableness of fees
- [2.153] Decision by court
- [2.154] Prospective Fees and Costs To Prosecute Appeal
- For Final Fees and Costs After Completion of Appeal
- Final Fees and Costs for Defending Appeal
- [2.155] In General
- [2.156] Proving Factors
- Final Fees and Costs for Prosecuting Appeal
- [2.157] In General
- [2.158] Proving Factors
- X. [2.159] Seeking Award of Fees Against Your Own Client
- [2.160] Consent Judgments Under §508(d)
- [2.161] Petitions for Interim Fees Under §508(a)
- [2.162] Petitions for Final Fees Under §508(c)
- [2.163] Summary of §508(c)
- [2.164] Time for Filing Petition
- [2.165] Procedure for Petitioning Party
- [2.166] Procedure for Responding Party
- [2.167] Hearing and Decision
- [2.168] Burden of Proof
- [2.169] No Collateral Estoppel
- [2.170] Waiver of Attorney-Client Privilege
- [2.171] Measure of “Damages”
- [2.172] Filing Independent Lawsuit
- [2.173] Summary of §508(e)
- [2.174] Right of Responding Party To Implead Spouse
- [2.175] Other Considerations
- Actions in Quasi-Contract
- [2.176] Quantum Meruit
- [2.177] Burden of proof in quantum meruit cases
- [2.178] Measure of fees
- [2.179] Account Stated
- XI. Defending Against Petition or Independent Lawsuit Filed by Client
- XII. Appellate Review of Fee Awards
- [2.182] Only Final Orders Appealable
- [2.183] Time To File Appeal
- [2.184] Appellant’s Responsibilities
- [2.185] Abuse of Discretion Standard
- [2.186] What Constitutes Abuse of Discretion
- Examples of Abuse of Discretion
- [2.187] Financial Justification Element
- [2.188] Amount of Fees Awarded
- [2.189] Section 508(b) Petition for Fees Incurred To Enforce Court Order
- [2.190] Waiver of Issues Prior to Appeal
- Chapter 3 — Pleadings Under the Illinois Marriage and Dissolution of Marriage Act
- Chapter 4 — Declaration of Invalidity of Marriage
- Chapter 5 — Divorce Against the Absent Spouse
- Chapter 6 — Discovery
- Chapter 7 — Client Management and Education
- List of Forms
- Table of Cases
- Index
Authors
Family Law (Illinois): Preliminary Considerations in Dissolution Actions (ARCHIVED 2011 EDITION & 2013 SUPPLEMENT)
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