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Verdicts
Attorneys' Fees Owed Despite Client's Death
An Illinois probate court erred when it denied an attorney any opportunity to collect fees for his efforts in bringing a medical malpractice claim that was abandoned following the client's death and the client's heirs' subsequent decision not to pursue the claim. In re Estate of Simmons, 2005 Ill. App. LEXIS 1224 (Ill. App, 5th 12/14/05).
Arthur Simmons hired attorney John Alleman to prosecute a medical malpractice claim. Simmons signed a contingent-fee agreement, the terms of which provided that Alleman would receive a specified percentage of any monies recovered through a settlement or a verdict. Simmons also agreed to pay the court costs and litigation expenses from the recovery. While the case was in the discovery phase, Simmons died of a cause unrelated to the malpractice litigation. After Simmons's death, his heirs decided not to pursue the case.
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