In re Marriage of Wei, 2023 IL App (1st) 221371-U
Case Analysis
1. Case citation and parties
- In re Marriage of Wei, 2023 IL App (1st) 221371-U (1st Dist. May 19, 2023) (Rule 23 non‑precedential).
- Petitioner-Appellee: The Law Office of Tiffany M. Hughes (former counsel).
- Respondent-Appellant: Peng Liu (former client).
2. Key legal issues
- Whether a circuit court in Cook County erred by deciding an attorney‑fee petition without referring the fee dispute to court‑approved alternative dispute resolution (ADR), as required by 750 ILCS 5/508(c)(4).
- Whether the client preserved the right to demand ADR and whether an affirmative opt‑out by both parties is necessary in counties >1,000,000 population.
3. Holding/outcome
- Affirmed. The appellate court upheld the trial court’s order requiring Liu to pay $3,452.75 in attorney fees to his former lawyer. The court found Liu had either forfeited the ADR argument or affirmatively waived/opted out of ADR, so no referral was required.
4. Significant legal reasoning
- Statutory framework: Section 508(c)(4) mandates submission of fee disputes to mediation/arbitration in large single‑county circuits unless client and counsel both affirmatively opt out. 750 ILCS 5/508(c)(4)(A).
- Forfeiture: Liu failed to raise the 508(c) objection in his written response to the fee petition; raising it first on appeal is waived (citing Softa Group principle).
- Waiver on the record: The trial court’s April 11, 2022 order stated Liu “waive[d] his right to a contribution hearing and Mediation of Attorney’s Fees and costs.” The appellate court treated that as an affirmative opt‑out.
- Record presumptions: No transcript of the fee hearing was supplied by Liu; under Foutch, absent a complete record the appellate court presumes trial proceedings supported the judgment, reinforcing the waiver finding.
- Misc.: The appellee did not file a brief, but the court exercised discretion to decide the appeal (citing First Capital Mortgage).
5. Practice implications (for Illinois family-law practitioners)
- Preserve ADR objections at the earliest opportunity — include specific, contemporaneous objections in pleadings and on the record; do not raise 508(c) arguments for the first time on appeal.
- If parties intend to opt out of section 508(c)(4) ADR, ensure both client and counsel affirmatively and contemporaneously opt out on the record or in signed retainer documents.
- Maintain and order transcripts of all hearings resolving fee disputes; absence of transcripts can be fatal on appeal.
- Draft retainer agreements with clear language about fee‑dispute procedures and obtain explicit client acknowledgment to avoid later challenges.
- In re Marriage of Wei, 2023 IL App (1st) 221371-U (1st Dist. May 19, 2023) (Rule 23 non‑precedential).
- Petitioner-Appellee: The Law Office of Tiffany M. Hughes (former counsel).
- Respondent-Appellant: Peng Liu (former client).
2. Key legal issues
- Whether a circuit court in Cook County erred by deciding an attorney‑fee petition without referring the fee dispute to court‑approved alternative dispute resolution (ADR), as required by 750 ILCS 5/508(c)(4).
- Whether the client preserved the right to demand ADR and whether an affirmative opt‑out by both parties is necessary in counties >1,000,000 population.
3. Holding/outcome
- Affirmed. The appellate court upheld the trial court’s order requiring Liu to pay $3,452.75 in attorney fees to his former lawyer. The court found Liu had either forfeited the ADR argument or affirmatively waived/opted out of ADR, so no referral was required.
4. Significant legal reasoning
- Statutory framework: Section 508(c)(4) mandates submission of fee disputes to mediation/arbitration in large single‑county circuits unless client and counsel both affirmatively opt out. 750 ILCS 5/508(c)(4)(A).
- Forfeiture: Liu failed to raise the 508(c) objection in his written response to the fee petition; raising it first on appeal is waived (citing Softa Group principle).
- Waiver on the record: The trial court’s April 11, 2022 order stated Liu “waive[d] his right to a contribution hearing and Mediation of Attorney’s Fees and costs.” The appellate court treated that as an affirmative opt‑out.
- Record presumptions: No transcript of the fee hearing was supplied by Liu; under Foutch, absent a complete record the appellate court presumes trial proceedings supported the judgment, reinforcing the waiver finding.
- Misc.: The appellee did not file a brief, but the court exercised discretion to decide the appeal (citing First Capital Mortgage).
5. Practice implications (for Illinois family-law practitioners)
- Preserve ADR objections at the earliest opportunity — include specific, contemporaneous objections in pleadings and on the record; do not raise 508(c) arguments for the first time on appeal.
- If parties intend to opt out of section 508(c)(4) ADR, ensure both client and counsel affirmatively and contemporaneously opt out on the record or in signed retainer documents.
- Maintain and order transcripts of all hearings resolving fee disputes; absence of transcripts can be fatal on appeal.
- Draft retainer agreements with clear language about fee‑dispute procedures and obtain explicit client acknowledgment to avoid later challenges.
Disclaimer: This case summary is for informational purposes only and does not constitute legal advice.
No attorney-client relationship is created by reading this content. Always consult with a licensed attorney for specific legal questions.
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