Med-mal Fees Could See Big Change
From the Chicago Daily Law Bulletin
An Illinois Senate panel advanced legislation Wednesday that seeks to cap attorney fees in medical-malpractice cases at one-third of a plaintiff's award.
The proposal, pushed by the Illinois Trial Lawyers Association (ITLA), would eliminate the opportunity for attorneys to petition a court for fees of 40 or 50 percent based on "extraordinary circumstances."
But the measure would also increase the amount attorneys get in some situations, overriding a current law that makes them take less than one-third of awards above $150,000.
"It's not keeping up with the times," said Keith A. Hebeisen, a partner at Clifford Law Offices and a past ITLA president. "We need to have a clean system where you can have a fee up to a third — which you can charge in any other type of case."
State Sen. James F. Clayborne II, D-Belleville, introduced the legislation as Senate Amendment 2 to House Bill 5151 on the first day of the Senate's lame duck session.
The Senate Executive Committee approved the measure in a 10-3 vote and it could see action on the floor as soon as today.
Read more in our daily News Update...
From the Chicago Daily Law Bulletin
An Illinois Senate panel advanced legislation Wednesday that seeks to cap attorney fees in medical-malpractice cases at one-third of a plaintiff's award.
The proposal, pushed by the Illinois Trial Lawyers Association (ITLA), would eliminate the opportunity for attorneys to petition a court for fees of 40 or 50 percent based on "extraordinary circumstances."
But the measure would also increase the amount attorneys get in some situations, overriding a current law that makes them take less than one-third of awards above $150,000.
"It's not keeping up with the times," said Keith A. Hebeisen, a partner at Clifford Law Offices and a past ITLA president. "We need to have a clean system where you can have a fee up to a third — which you can charge in any other type of case."
State Sen. James F. Clayborne II, D-Belleville, introduced the legislation as Senate Amendment 2 to House Bill 5151 on the first day of the Senate's lame duck session.
The Senate Executive Committee approved the measure in a 10-3 vote and it could see action on the floor as soon as today.
Read more in our daily News Update...