Legal Question in Family Law in Illinois

My mom in involved in a an ongoing lawsuit. Her lawyer is at odds with her firm (very small, 1 principal + 2 lawyers). I guess she agreed to a percentage of my mom's case with the owner of the firm and now she says he is taking a lot more from the case than they agreed on. So, she is asking if my mom will pay her directly vs. the owner. I told the lawyer my mom would only agree to that if she got it in writing from her boss and he was totally on board. My mom agreed. What is the right way of handling this?


Asked on 10/22/10, 9:11 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

In a contingent fee case, an attorney is ethically obligated to enter into a written agreement with the client specifying how much will be charged, so the terms of that agreement control. If the written agreement is with the law firm, she owes the law firm. If it with the attorney individually, she owes the attorney. The internal politics of this office is not your mother's concern. Dragging your mother into their squabble is inappropriate.

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Answered on 10/27/10, 11:56 am


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