See  http://www.state.il.us/court/Opinions/SupremeCourt/1998/October/Opinions/HTML/84117.htm

where the Ill. Supreme court confirmed that lawyer’s fees are excluded under the Illinois Consumer Fraud Act, but for those of you out there that are livid over your trust’s or estate’s legal fees, read the case:

This court’s regulatory scheme extends to the area of attorneys’ fees. Rule 1.5 of the Rules of Professional Conduct specifically addresses the subject, providing, in pertinent part:

“(a) A lawyer’s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) whether the fee is fixed or contingent.” 134 Ill. 2d R. 1.5(a).

Rule 1.5 also addresses the attorney’s obligation to communicate to the client the basis or rate of the fee. 134 Ill. 2d R. 1.5(b). 

1.5 sets forth guidelines for contingent fee arrangements and the division of fees among attorneys. 134 Ill. 2d Rs. 1.5(c) through (j).

I think there is an argument that while the Illinois legislature said legal fees are not to be included under the CFA (which provides for legal fees in the enforcement thereof), the Illinois Sup. Ct. could have said, THEY are adopting the CFA as it applies to lawyers.

They had a chance to do some good, but did not.

JoAnne

This information was was Pat Smith, a new volunteer at Justice4 Every1, NFP.  We are always looking for volunteers to do investigations, case research and file research. Thanks