Under the Illinois Wrongful Death Act an attorney's fees have limits what about the attorney's expenses? What if we think that expenses are excessive and we agreed to 40% for the attorney's fee. Can we request copies of cancelled checks, invoices and receipts from the attorney and can we request a copy of the file and evidence returned once case is settled?
Country relating to Question: United States
State (if USA): Illinois
I hope this message finds you well, present circumstances excluded. Depending on the language in your retainer of your attorney or the contingency fee arrangement, the 40% should cover all attorney fees and expenses. If the language in the contract specifies otherwise, it must explicitly state this in your contingency fee arrangement with the attorney.
As such, you first need to look at your contract with your attorney and see what, if any language, there is relative to expenses being paid in addition to what is recovered and paid to the attorney as a fee.
If there is language in the contract to support the attorney's position that he is entitled to fees in addition to the 40%, you have every right to demand to see canceled checks, invoices and receipts as well as copies of the file and evidence. You are paying for it and they must be able to prove that it is owed. Moreover, it is your property since you have paid for it.
There are no limits under the Wrongful Death legislation beyond what is contractually agreed to be paid by the plaintiff to his or her attorney in their fee arrangement, by the way.
9 years practicing IP law and general litigation
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