In re Parentage of J.W.
2017 IL App (2d) 160554
| Ill. App. Ct. | 2017Background
- Carol (mother) and Larry (father) litigated parentage/parental-responsibility and relocation disputes concerning their child J.W.; Larry filed to modify parental allocation and relocate in Sept. 2015.
- Attorney Jerry Kinnan began representing Carol in Sept. 2015 without a signed written engagement agreement; Carol alleged she could not afford a retainer or pay fees.
- Carol filed three motions for interim attorney fees (Nov. 2, 2015; Feb. 29, 2016; Mar. 8, 2016) seeking contribution/award under the Parentage Act and Marriage Act (relying on interim-fee provisions and quantum meruit allegations by counsel).
- The trial court set a hearing on fees but later granted Larry’s motion to dismiss Carol’s third motion, concluding (1) the motion sought final fee contribution subject to section 508(c) of the Marriage Act and (2) section 508(c) barred a fee hearing absent a written engagement agreement between attorney and client.
- Carol appealed, arguing the court failed to expeditiously schedule hearings on her first two motions and erred by requiring a written engagement agreement to consider contribution/ interim fees.
- The appellate court reversed and remanded for a fee hearing, finding forfeiture as to scheduling complaints and that section 508(c) (written-engagement rule) does not bar contribution/interim awards to counsel from the opposing party under sections 508(a) and 503(j).
Issues
| Issue | Plaintiff's Argument (Carol) | Defendant's Argument (Larry) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by not expeditiously scheduling hearings on Carol’s first two motions for interim attorney fees | Court failed to schedule hearings expeditiously as required by 501(c-1) | No timely request/denial is shown; court did not deny access | Forfeiture: Carol did not preserve the scheduling complaint; appellate court found no record showing request/denial, so claim forfeited |
| Whether a written engagement agreement is required before awarding contribution/interim fees to counsel from the opposing party | 508(c) written-engagement requirement should not block awards to counsel; interim/contribution awards may be made under 508(a) and 503(j) even without written retainer | Section 508(c) and related provisions require a written agreement for final fee hearings; if amount is unsettled, 503(j)(5) requires determination under 508(c) | Reversed: 508(c) applies to final fee hearings between attorney and client, not to contribution awards to counsel from the opposing party; trial court erred in dismissing motion and must hold a hearing on contribution/interim fees under 508(a) and 503(j) |
Key Cases Cited
- In re Minor Child Stella, 353 Ill. App. 3d 415 (discussing availability and public-policy purposes of interim attorney-fee awards in parentage actions)
- In re Parentage of Rocca, 408 Ill. App. 3d 956 (attorney may seek contribution from other parent; fee awards to attorneys incentivize representation of indigent parties)
- Cabrera v. First Nat. Bank of Wheaton, 324 Ill. App. 3d 85 (failure to request hearing results in forfeiture)
- Lee v. Lee, 302 Ill. App. 3d 607 (noting attorney’s right to proceed against opposing spouse for fees supports access to counsel)