Legal Question in Credit and Debt Law in Illinois

In a chapter 13 if a judge denies the lawyer's request for compensation, (and no further requests were made) doesn't that mean you don't have to pay the lawyer those fees?

Also, if the plaintiff loses the case, can the defendent sue for having to file an appearance, lawyer fees, lost wages for the time they had to appear in court? Can this be done after the judgement or do you have to counter-sue during the trial?


Asked on 9/27/10, 2:59 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

First, in order to avoid paying fees you would have to show that the lawyer breached the representation agreement and did not do the work he/she was supposed to. You would also have to show that the lawyer's failure materially damaged your case. If your lawyer did the work he/she agreed to and there was no legal way to further pursue the request for compensation then there is no way to avoid paying the fees your lawyer is entitled to.

Whether a defendant can collect court fees depends on what the law says. Sometimes the defendant can, but sometimes no. You would have to make a request to the judge for your legal and court fees as part of your damages before judgment is granted. It is my opinion that asking for fees after judgment would be too late, but it would depend on the further facts of the case.

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Answered on 10/02/10, 5:45 pm


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