Lamar v. Rocca
408 Ill. App. 3d 956
| Ill. App. Ct. | 2011Background
- Paternity action under the Illinois Parentage Act filed by Lamar to establish Rocca as father of two children; Landau represented Lamar and sought interim and then final attorney fees.
- Settlement dated May 4, 2009 provided that each party would pay their own fees and waived any right to contribution; Landau allegedly had no notice of execution of the agreement.
- June 4, 2009 Landau petitioned for final attorney fees and a contribution from Rocca; Rocca moved to strike as untimely and as waived by the settlement.
- February 10, 2010 circuit court granted Rocca’s motion to strike, ruled waiver barred Landau’s contribution petition, and awarded Landau $18,670.96 in fees against Lamar; Landau appealed.
- The Illinois Appellate Court reversed, holding that the waiver could not bar Landau’s contribution claim based on Heiden v. Ottinger and Lee v. Lee, and remanded to consider Landau’s contribution toward the found amount.
- Conclusion: judgment reversed and remanded for treatment of Landau’s contribution petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the settlement waiver bars Landau’s contribution petition | Landau: waiver cannot defeat attorney’s right to contribution | Rocca: waiver extinguishes contribution rights | Waiver does not bar Landau’s contribution petition |
| Whether Heiden and Lee remain valid after 1997 amendments to the Marriage Act | Landau: Heiden and Lee control; amendments expanded rights | Rocca: amendments alter applicability | Heiden and Lee remain good law; amendments do not preclude Landau’s claim |
| Whether the 508(a), 508(c), and 503(j) provisions permit a former attorney to seek contribution despite a client waiver | Landau: statute permits attorney contribution and direct enforcement | Rocca: structure limits to client-side petitions and waivers | Statutes authorize attorney contribution and apply to former counsel; waiver does not bar |
| Whether the final fee petition was properly before the court given prior contributions and waivers | Landau: petition appropriate despite waiver | Rocca: waiver forecloses final fees against Rocca | Question remanded to determine contribution toward the settled amount |
Key Cases Cited
- Heiden v. Ottinger, 245 Ill.App.3d 612 (1993) (attorney fees may be pursued by former counsel notwithstanding settlements restricting fees)
- Lee v. Lee, 302 Ill.App.3d 607 (1998) (settlement of fees does not generally extinguish a former attorney’s right to seek fees from the other spouse)
- Stella, 353 Ill.App.3d 415 (2004) (post-1997 amendments support interim fees in parentage actions to encourage representation)
- Baltzer v. Baltzer, 150 Ill.App.3d 890 (1986) (attorneys for litigants are parties in interest with standing to pursue fees)