Thompson v. BUNCIK, 2011 IL App (2d) 100589

Thompsons retained Segall in 2005 for a substandard construction suit; Segall served an attorney's lien claiming a fee on recovery.
Trial court found no contract or credible evidence for a $250 hourly rate and used quantum meruit to determine fees.
Trial court awarded Segall $6,233.55 at $175/hour for 48.75 hours plus $352.30 costs.
Segall petitioned under 735 ILCS 5/2-1203 (modification) for $250/hour and prejudgment interest of $2,437.52.
Trial court denied modification and prejudgment interest; appeals followed; court ultimately affirmed and awarded Thompsons $5,015 in fees and costs.
Record on appeal is incomplete; the court cured issues by presuming factual basis and applying applicable law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Rate for attorney fees under quantum meruit	Segall: rate should be $250/hour per stipulation	Thompsons: no contract; rate reasonable at $175/hour	Court affirmed $175/hour as reasonable
Prejudgment interest under 815 ILCS 205/2	Segall entitled to 5% prejudgment interest	Interest not allowed where no contract and under quantum meruit	Interest not awarded; prejudgment interest denied

Wegner v. Arnold, 305 Ill.App.3d 689 (1999) (attorney fee awards; trial court's discretion in determining reasonable fees)
Haas v. Cravatta, 71 Ill.App.3d 325 (1979) (interest requires contract or statute; lien not sufficient)
Kovitz Shifrin Nesbit, P.C. v. Rossiello, 392 Ill.App.3d 1059 (2009) (lien and notice principles; escalation of collection needs court action)
Edens View Realty & Investment, Inc. v. Heritage Enterprises, Inc., 87 Ill.App.3d 480 (1980) (prejudgment interest not automatic on quantum meruit)
Best v. Best, 358 Ill.App.3d 1046 (2005) (credibility of witness testimony; weight given to stipulations)
First Federal Savings Bank of Proviso Township v. Drovers National Bank of Chicago, 237 Ill.App.3d 340 (1992) (sanctions for frivolous appeals; limits on arguments)