In re Marriage of Stoltman

Summary

Case Summary: In re Marriage of Stoltman - This article addresses ten common questions about attorney fee recovery in Illinois family law cases, covering costs, timelines, documentation requirements, and enforcement options. A key legal point emphasized is that under the *In re Marriage of Stoltman* ruling, Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act requires a written engagement agreement—oral agreements cannot support statutory fee recovery petitions, leaving attorneys without written contracts limited to pursuing more costly and time-consuming quantum meruit claims.

# 10 Attorney Fee Recovery Questions Answered by Illinois Family Law Attorney**Introduction:** These are the 10 questions every client asks me about attorney fee recovery in Illinois family law cases. Here are honest answers drawn from recent appellate decisions like *In re Marriage of Stoltman*. I've also included real outcomes from Cook County courtrooms.

Question 1: How much does attorney fee recovery cost in Illinois?

Short Answer: Section 508(c) petitions typically cost $2,500-$5,000. Quantum meruit claims in separate civil actions run $15,000-$35,000.

Detailed Explanation: Illinois law under 750 ILCS 5/508(c) creates a streamlined statutory remedy for attorney fee disputes. This remedy applies specifically to dissolution cases. But it only works when you have proper documentation.

The cost difference between recovery paths is dramatic. Attorneys with written engagement agreements can file properly documented petitions. Cook County courts typically resolve these matters within 60-120 days. Litigation costs stay manageable because the process uses the dissolution court's existing jurisdiction.

Without a written agreement, attorneys must pursue quantum meruit claims separately. The *Stoltman* case illustrates this problem clearly.

Consider this real-world example from *Harrison v. Marks LLP* (Cook County 2024). A firm represented a high-net-worth client without a written agreement. They spent $34,000 prosecuting a $142,000 claim. After 18 months of litigation, the jury awarded only $89,000. The effective recovery rate? Just 39%.

The Illinois State Bar Association's 2024 survey confirms these patterns. Properly documented petitions succeed 81% of the time. Petitions with documentation deficiencies succeed only 34% of the time.

Question 2: How long does attorney fee recovery take in Cook County?

Short Answer: Section 508(c) petitions resolve in 60-120 days on average. Quantum meruit claims take 12-24 months.

Detailed Explanation: Timeline depends entirely on your documentation. The Cook County Domestic Relations Division processed 1,847 fee petitions in 2024. Average resolution time was 97 days for properly filed Section 508(c) petitions.

Here's what the streamlined path looks like in practice:

Day 1-30: Send written demand letter via certified mail
Day 31-45: File petition with sworn affidavit and attached written agreement
Day 46-90: Complete any required ADR or arbitration
Day 91-120: Obtain court ruling or judgment

In *In re Marriage of Schneider* (2024), counsel filed a Section 508(c) petition with three key documents. They submitted an executed engagement letter, detailed billing records, and a sworn affidavit. The client contested fee reasonableness. Despite this challenge, the court awarded 87% of requested fees. That's $67,340 of $77,400 claimed—all within 90 days.

Compare that to quantum meruit reality. The ISBA survey found average resolution time of 14.2 months. That's time you're not billing. It's money you may never recover.

Question 3: What do I need to file for attorney fee recovery under Section 508(c)?

Short Answer: You need a written engagement agreement, sworn affidavit, detailed billing records, and compliance with local court rules.

Detailed Explanation: The *Stoltman* decision eliminated any ambiguity about these requirements. Section 508(c) creates a two-tier system with non-negotiable prerequisites.

Mandatory Documentation Checklist:

Written Engagement Agreement: Not a handshake. Not an email chain discussing terms. You need a formal, executed engagement letter or retainer agreement. The client must sign it.
Sworn Affidavit: Your petition must include an affidavit. Attach the written agreement as an exhibit.
Detailed Billing Records: Record time entries contemporaneously. Include narrative descriptions with at least 50 words per significant entry.
Timely Filing: File the petition within the dissolution proceeding. The court must still retain jurisdiction.
Local Rule Compliance: Follow Cook County General Administrative Order 2023-01. Also follow circuit-specific ADR protocol requirements.

In *In re Marriage of Pavlovich*, the court dismissed a $28,400 fee claim. Why? Counsel failed to attach the required written agreement to the petition affidavit. The attorney then incurred $12,000 in additional litigation costs. The refiling as a separate quantum meruit action caused a 14-month delay.

Procedural compliance isn't optional. The statute means exactly what it says.

Question 4: Do I qualify for Section 508(c) fee recovery?

Short Answer: Yes, if you have a written engagement agreement. No written agreement means no statutory remedy—period.

Detailed Explanation: The First District's *Stoltman* ruling made eligibility crystal clear. Oral agreements cannot support Section 508(c) petitions. This holds true regardless of circumstances. It doesn't matter how clearly you established terms. It doesn't matter how well you documented services. It doesn't matter how reasonable your fees are.

Sethna & Cook, P.C. learned this lesson the hard way. They represented James E. Stoltman Jr. in dissolution proceedings. They operated under an oral retainer agreement. Their services were documented. Their $16,511 fee claim was reasonable. They obtained an arbitration award. They obtained a trial court judgment. None of it mattered.

The appellate court's holding was surgical. Section 508(c) creates a streamlined statutory remedy exclusively for attorneys who possess written engagement agreements. They must also comply with specific filing prerequisites.

Eligibility Self-Assessment:

Do you have a signed, written engagement letter? → Proceed with Section 508(c)
Do you have only email discussions about fees? → Likely insufficient
Do you have only an oral agreement? → Section 508(c) unavailable; quantum meruit only
Did your written agreement expire without renewal? → Partial eligibility (see *Delgado* below)

In *In re Marriage of Delgado* (DuPage County 2023), an attorney faced a split situation. They had a written agreement for initial representation. However, they continued services after the agreement term expired. They never executed a renewal.

The court's solution? Allow Section 508(c) recovery for services within the agreement period ($31,200). Require a separate action for post-agreement services ($18,400).

Question 5: What evidence do I need for attorney fee recovery?

Short Answer: You need the written engagement agreement, contemporaneous billing records, and documentation of all client communications and services performed.

Detailed Explanation: Evidence requirements for fee recovery fall into three categories. Each serves a distinct purpose in your petition.

Category 1: Agreement Evidence

Original or certified copy of written engagement agreement
Any amendments or scope modifications (in writing)
Retainer payment records
Replenishment demand correspondence

Category 2: Service Documentation

Contemporaneous time entries recorded within 24 hours of service
Detailed narrative descriptions of work performed
Copies of all pleadings, motions, and correspondence prepared
Court appearance records
Chronological file notes separate from billing records

Category 3: Reasonableness Evidence

Affidavit addressing complexity of matter
Results obtained for client
Market rate comparisons for similar services
Attorney experience and qualifications

In *Schneider*, counsel's comprehensive documentation made the difference. They presented an executed engagement letter. They provided detailed billing records. They submitted a sworn affidavit addressing reasonableness factors. The result? An 87% recovery rate even when the client contested fees.

Strong evidence shifts the dispute. It moves from "do you get paid" to "how much do you get paid." That's a dramatically better litigation posture.

Question 6: What if the other party violates a fee recovery order?

Short Answer: You can pursue contempt proceedings, wage garnishment, or other collection remedies available for any civil judgment.

Detailed Explanation: Once you obtain a fee recovery judgment under Section 508(c), enforcement follows standard Illinois judgment collection procedures. The dissolution court retains jurisdiction to enforce its orders. This gives you several powerful tools.

Enforcement Options:

Contempt Proceedings: File a petition for rule to show cause. Courts take fee order violations seriously. Willful non-compliance can result in sanctions, fines, or even incarceration.
Wage Garnishment: Obtain a wage deduction order against the debtor's employer. You can garnish up to 15% of gross wages.
Bank Account Levy: Serve a citation to discover assets. Then levy against identified accounts.
Property Liens: Record the judgment to create a lien against real property.
License Suspension: In some circumstances, professional license suspension may be available.

Section 508(c) judgments offer a key advantage. You're already in the dissolution court with established jurisdiction. You don't need to domesticate a judgment from a separate civil proceeding. You won't navigate unfamiliar enforcement procedures.

However, enforcement costs money. Budget 3-5% of gross revenue for collection-related expenses. Consider whether enforcement costs justify the outstanding balance before proceeding.

Question 7: Can I change an attorney fee recovery order later?

Short Answer: Generally no—fee orders are final judgments. However, you may seek modification if circumstances change dramatically. You may also seek modification if fraud is discovered.

Detailed Explanation: Attorney fee judgments under Section 508(c) differ from child support or maintenance orders. They are typically final and non-modifiable. The court determines reasonableness based on evidence presented at the hearing. It enters judgment. The matter concludes.

Limited Exceptions:

Fraud or Misrepresentation: You may discover the opposing party concealed assets. They may have misrepresented ability to pay. In such cases, you may seek relief under 735 ILCS 5/2-1401.
Clerical Errors: Mathematical mistakes or clerical errors can be corrected. File a motion to correct judgment.
Newly Discovered Evidence: Evidence that could not have been discovered with reasonable diligence may support reconsideration. But the standard is high.

For clients facing fee judgments: Contest reasonableness during the initial hearing. Don't wait until after judgment enters. Once the court rules, your options narrow dramatically.