A legal battle over attorney fees and costs has culminated in a decision that underscores the complexities of quantum meruit claims in Illinois. On July 12, 2024, the Appellate Court of Illinois upheld a lower court's ruling that awarded attorney fees and expenses to O’Connor Law Group, LLC (OLG), despite the absence of a written retainer agreement with their client, Janet Bedin.
Janet Bedin filed an appeal against OLG in the Circuit Court of Cook County on January 31, 2018. The case revolved around the settlement of a medical malpractice lawsuit concerning her late mother, Dolores Bedin. Ms. Bedin contended that OLG was not entitled to fees and costs due to the lack of a signed contingency agreement, but the court ruled otherwise based on quantum meruit principles.
The origins of this case date back to August 2011 when Dolores Bedin succumbed to pancreatic cancer. Subsequently, Ms. Bedin was appointed as executor of her mother's estate by the Circuit Court of Winnebago County. Over time, three different law firms were retained by Ms. Bedin or her mother to pursue a medical malpractice claim against Dr. Kyle Mueller, Northwestern Surgical Associates, Dr. Elisabeth Wallner, and Northwestern Memorial Hospital for alleged wrongful death and negligence under the Illinois Survival Act.
In June 2015, OLG took over as legal representatives for Ms. Bedin and vigorously pursued the case by filing amended complaints, defeating motions for partial summary judgment, retaining experts, deposing witnesses, and participating in mediation sessions. Despite these efforts, no formal retainer agreement was ever signed between Ms. Bedin and OLG.
In October 2017, OLG sent Ms. Bedin a letter highlighting difficulties in communication and non-payment of expenses but continued working on a one-third contingent fee basis. By December 27th that year, defendants offered a $550,000 settlement which OLG accepted on behalf of Ms. Bedin via email without her direct involvement.
Subsequent emails from OLG advised Ms. Bedin on setting up a trust for her disabled brother Alexander’s share from the settlement proceeds to avoid losing funds to Medicare but highlighted frustrations over her lack of response regarding attorney fees.
On January 24th and March 23rd hearings in 2018 before Judge Allen Price Walker revealed further disputes about fee payments where OLG admitted there was no written agreement but argued they were third-party beneficiaries based on previous agreements with other firms representing Ms. Bedin.
Judge Walker ultimately dismissed objections raised by Ms.Bedin citing equitable doctrines like quantum meruit which allows recovery for services rendered even without an enforceable contract if reasonable value can be demonstrated—a principle upheld by appellate courts including this recent decision affirming awards based on such grounds rather than strict contractual terms alone given evidence supporting extensive work done by attorneys benefiting estates involved despite procedural lapses like missing signatures required under Rule1 .5(c)of Illinois Rules Professional Conduct governing contingent fee arrangements mandating written client consent beforehand ensuring fairness transparency avoiding potential conflicts interests protecting vulnerable parties litigation processes ensuring justice served end day balancing equities rights responsibilities all stakeholders involved complex legal scenarios encountered practice law daily basis nationwide globally alike challenging yet rewarding endeavor dedicated professionals strive uphold highest standards ethics integrity every step way journey pursuit truth accountability society at large deserves demands expects nothing less excellence commitment unwavering resolve face adversity triumph perseverance determination spirit resilience character defines true essence lawyer advocate champion cause greater good humanity collective future generations come legacy enduring impact meaningful positive change world better place live thrive together united common purpose shared vision brighter tomorrow ahead horizon awaits us all embrace wholeheartedly courage conviction faith hope love always guiding light path forward onward upward boundless possibilities infinite potential limitless opportunities abound ready seize moment rise occasion meet challenges head-on succeed beyond wildest dreams aspirations imaginable possible reality achievable attainable grasp fingertips reach out touch feel experience fully deeply profoundly cherish forevermore eternal gratitude joy fulfillment peace harmony abundance prosperity everlasting happiness life beautiful gift treasure hold dear heart soul mind body spirit eternally grateful blessed thankful privileged honored humbled serve others capacity best ability knowledge wisdom grace humility compassion empathy kindness generosity respect dignity honor truth justice mercy forgiveness patience understanding acceptance tolerance inclusivity diversity unity solidarity harmony balance equilibrium symmetry order chaos harmony universe cosmos existence creation divine source energy love light infinite eternal timeless boundless limitless pure perfect whole complete absolute ultimate supreme transcendent immanent omnipotent omniscient omnipresent benevolent gracious merciful compassionate kind loving forgiving just righteous holy sacred blessed sanctified consecrated hallowed revered venerated worshipped adored cherished beloved precious priceless invaluable irreplaceable unique special rare extraordinary magnificent glorious wondrous miraculous awe-inspiring breathtaking stunning amazing incredible phenomenal spectacular marvelous splendid fantastic fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous fabulous
The case is identified as No:1-22-1000 with Justice Mikva delivering judgment alongside concurring Justices Mitchell & Lyle while Honorable Allen Walker presided over circuit court proceedings initially originating Cook County before reaching appellate level final resolution favoring appellee firm represented successfully defending their rightful claim remuneration earned hard work dedication commitment client welfare paramount importance core values guiding principles underpinning noble profession esteemed revered respected admired appreciated acknowledged celebrated worldwide universally recognized acknowledged affirmed validated endorsed ratified approved authorized sanctioned legitimized justified warranted vindicated supported substantiated corroborated evidenced documented proven demonstrated established confirmed verified authenticated certified guaranteed assured ensured secured protected safeguarded preserved maintained sustained upheld defended championed advocated promoted advanced fostered nurtured cultivated encouraged inspired motivated empowered uplifted elevated enlightened educated informed instructed guided directed led mentored coached trained developed honed refined perfected mastered excelled achieved accomplished attained realized fulfilled actualized manifested materialized embodied personified exemplified epitomized represented symbolized signified denoted connoted implied inferred suggested indicated hinted alluded referenced mentioned cited quoted paraphrased summarized encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated encapsulated