NCJ Number
167447
Journal
Illinois Bar Journal Volume: 84 Issue: 12 Dated: (December 1996) Pages: 622-627
Date Published
1996
Length
6 pages
Annotation
With respect to fee-dispute cases, this article discusses the ethical standards that Illinois lawyers must meet in setting their fees.
Abstract
In a fee-dispute case, above all else, an attorney must prove that the fee is "reasonable," both according to Rule 1.5 and under an enormous body of case law that sets standards for fees. The standards are basically the same for domestic relations, criminal, probate, personal injury, contract, or class action cases. A number of factors should be considered in determining the reasonableness of a fee. Factors include the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal service properly. Another factor is the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. Other factors are the fee customarily charged in the locality for similar legal services; the amount involved and the results obtained; the time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; the experience, reputation, and ability of the lawyer or lawyers performing the services; and whether the fee is fixed or contingent. The attorney seeking fees from a client must present sufficient evidence to prove the fees are reasonable, even when a contract controls the fees. An attorney plaintiff must provide a specific itemization of services performed. Only the reasonable and necessary fees are compensable. 105 notes