In re Marriage of Villela, 2019 IL App (1st) 190200-U

1. Case citation and parties
- In re Marriage of Villela, 2019 IL App (1st) 190200-U (1st Dist. Dec. 18, 2019) (Rule 23 order; not precedent except as allowed by Rule 23(e)(1)).
- Parties: Carlos Villela (petitioner), Martha Villela (respondent‑appellant, pro se on appeal), and attorney Bradley Chelin (appellee).

2. Key legal issues
- Whether the trial court erred in (a) allowing attorney Chelin to withdraw funds from his IOLTA account to satisfy unpaid post‑dissolution fees and (b) awarding additional attorney’s fees, where appellant contends documentary evidence and fee reasonableness (Ill. RPC 1.5) would negate the balance claimed.
- Whether the appellate court may review alleged errors in the absence of a transcript of the hearing on the fee petition.

3. Holding/outcome
- Affirmed. The appellate court declined to disturb the trial court’s order permitting withdrawal of funds and awarding additional fees because the record on appeal lacked a transcript of the hearing; therefore the Foutch presumption of correctness applies.

4. Significant legal reasoning
- The court emphasized that meaningful appellate review of evidentiary disputes and rulings on fee reasonableness requires a transcript of the contested hearing. The appellant failed to provide a reporter’s transcript (no reporter present for the multi‑hour hearing) and attempted to supplement the record with out‑of‑record materials, which the court refused.
- Applying Foutch v. O’Bryant, 99 Ill. 2d 389 (1984), the court held that where the record is inadequate, appellate courts must presume the trial court’s findings and rulings were correct. Because the transcript was absent, the court could not assess whether the trial court considered appellant’s documentary evidence or properly applied RPC 1.5, so it affirmed.

5. Practice implications
- Preservation of the record is determinative: ensure a court reporter is present or obtain a certified transcript of all hearings you may later appeal (especially fee hearings). If a hearing proceeds without a reporter, make a contemporaneous proffer on the record of the evidence and objections.
- When litigating fee awards and IOLTA withdrawals, secure clear minute‑entry findings and written orders itemizing fees, payments, and priority of distributions.
- Do not rely on attempting to add extrinsic documents on appeal; instead, move in the trial court to make the record complete (reconstruct or settle the record, report of proceedings) under Supreme Court Rules.
- For attorneys seeking fee recovery, document payments, retain clear accounting, and request express rulings on fee reasonableness to facilitate appellate review.