(Download) "Kravis v. Smith Marine" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Kravis v. Smith Marine
- Author : Supreme Court of Illinois
- Release Date : January 30, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Rehearing denied March 24, 1975. Plaintiff, Allen B. Kravis, as the administrator of the estate of Doris L. Kravis, and as father and next friend of Mark Kravis, a minor, filed a personal injury and wrongful death action. In connection with the settlement of this action, plaintiff filed a motion pursuant to Rule 14.23(g) of the circuit court of Cook County, which provided that in the settlement of personal injury or wrongful death actions the judge who tries the case or presides at settlement negotiations shall determine the value of the legal services rendered. Plaintiff's motion sought a determination that attorney Lawrence Kotin was entitled to remuneration for the legal services rendered in the personal injury and wrongful death action, and that attorney Melvin Cole was not entitled to any remuneration. Following a hearing on the motion, the trial court entered a judgment in favor of Kotin and Cole, fixing a fee of 25% for all amounts recovered or to be recovered through negotiations. This fee could be increased to 33 1/3% in the event of unforeseen obstacles or trials which could result from litigation that was still pending. This fee was to be divided equally between the attorneys, as indicated by their agreement in this regard. The appellate court, in pertinent part, reversed and remanded, finding that Cole was entitled only to such compensation as he may assert on a quantum meruit basis, since he had breached his fiduciary responsibility to Kravis by not informing him of his fee-splitting agreements with Kotin and with a previous attorney. (Kravis v. Smith Marine, Inc., 15 Ill. App.3d 494.) We granted Cole's petition for leave to appeal.
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