Legal Question in Civil Litigation in Illinois

lawyer rights

Can a lawyer who withdraws from a case demand payment through the courts (even though he never asked former client to pay him anything) and expect to be paid even though the case hasn't been resolved?


Asked on 11/15/06, 12:01 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: lawyer rights

Yes. I strongly believe that an attorney should be paid for his time and service. Do you work for free?

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Answered on 11/16/06, 3:54 pm
Nima Taradji Taradji Law Offices

Re: lawyer rights

You must look first to the contract and see what it days. Generally speaking, an attorney is entitled to the costs he has advanced for litigation regardless of whether there was a recovery in the case or not.

Under some circumstances, the attorney is also entitled to a reasonable compensation for the time and efforts he has made on a case--although the circumstances allowing that is fairly rare.

Look at the contract and see what it says.

I hope this helps,

Taradji Law Offices

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Answered on 11/15/06, 12:10 pm


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