Legal Malpractice

Fee Sharing Dispute Decided by Illinois Appellate Court

By Cassandra Crotty

Yesterday's Chicago Daily Law Bulletin reported on an Illinois Appellate Court decision this week that found a fee-splitting agreement between two law firms involving a federal conspiracy lawsuit did not apply to a related legal malpractice case handled by only one of the firms.  In affirming the circuit judge's decision, the appeals court found as a matter of law the legal-malpractice case was a separate action not originally included in the fee-sharing aggrement.  Justice Robert E. Gordon wrote, "Attorneys should act reasonably towards each other...While this court takes note of plaintiffs' arguments founded in equity that defendants should have paid plaintiffs a portion of the fee, we cannot find a legal basis on which  to require defendants to do so."  See, Paul B. Episcope Ltd., et al., etc. v. Law Offices of Campbell and DiVincenzo, et al., etc. (I will link to the decision when it is posted on the IL Courts Website)

UPDATE:  Here is the decision.

Full post as published by Illinois Legal Malpractice Blog on February 14, 2007 (boomark / email).