If fee schedules are out, how are attorney’s fees in Illinois probate estates to be determined? The Illinois Code of Professional Responsibility cites several factors that are to be considered in determining the reasonableness of any attorney’s fee. These include, (a) the time and labor required (b) the novelty and difficulty of the questions involved (c) the likelihood that acceptance of the assignment by the attorney precluded other employment (d) the amount involved and the results obtained (e) the experience and reputation of the attorney. Illinois courts have held in the probate context that the most important of these elements is the number of hours worked on the assignment by the attorney. Therefore, the most important evidence in a probate petition for attorney fees are the attorney’s time records indicating how much time was put in and the tasks accomplished. The time records should be detailed with regard to the date and time expended and the nature of the task accomplished. The time records will have more evidentiary value if they were kept contemporaneously with the work done (as opposed to reviewing the file at the end of the assignment and trying to compute the time expended). Read More
Reda | Ciprian | Magnone, LLC
Attorneys at Law
8501 W. Higgins Suite 440
Chicago, IL 60631
About Ed Reda
I’m Ed Reda and I am the senior attorney at Reda|Ciprian|Magnone, LLC, a six attorney general practice firm on the northwest side of Chicago. I have practiced law in the State of Illinois since 1976. I write this blog to help educate the public, and sometimes attorneys, with respect to probate matters.
The largest practice area of our firm is in the probate area. At any given time, our firm is involved in well over one hundred decedent’s probate estates, minor guardianships and disabled adult guardianship proceedings. We assist personal injury firms in analyzing and processing their settlements in the probate court. Finally, we have a long history of representing United States and European based genealogists in heirship matters throughout the six county Chicagoland area. Our probate practice runs the gamut.
The only probate matters we will not handle are contested matters. We are lovers and not fighters.