After case won in our favor, lawyer didn't file for fees.

[wednesdays]

What is the name of your state (only U.S. law)? Wisconsin, but case was filed in Illinois

In summary, four of us were involved in a fairly straight-forward wage case against our former employer for non-payment of wages. We were awarded the judgment in November, 2014. The lawyer who took over the case (the lawyer who'd been working on it for the year prior changed firms right before this final court hearing) contacted us to let us know we won, but that she needed to then file for lawyer's fees. After multiple phone unanswered calls/emails, she contacted us in March, 2015 to let us know that she was working on it and would update us. Towards the end of summer, we began hounding her for answers after hearing nothing, and after contacting the head of the firm, she finally emailed us to let us know fees have yet to be filed.

We continued to press her for answers, and have just received an email informing us that the judge initially rejected the lawyer's fees requested by the prior lawyer, which is why they were not included. We have not received an answer as to why they have yet to be filed, and thus, collections for our award has not begun. She told us she'd be finishing the paperwork "today or tomorrow (going on 11 months)" and then back to court, to get the fees awarded, then back to court to try to collect it all. This case was done on contingency.

Is this a reasonable amount of time for this to take? Is this a normal process? We all feel as if she kind of botched things, and we'll never be able to collect.

 

[quincy]

What is the name of your state (only U.S. law)? Wisconsin, but case was filed in Illinois

In summary, four of us were involved in a fairly straight-forward case against our former employer for non-payment. We were awarded the judgment in November, 2014. The lawyer who took over the case (the lawyer who'd been working on it for the year prior changed firms right before this final court hearing) contacted us to let us know we won, but that she needed to then file for lawyer's fees. After multiple phone unanswered calls/emails, she contacted us in March, 2015 to let us know that she was working on it and would update us. Towards the end of summer, we began hounding her for answers after hearing nothing, and after contacting the head of the firm, she finally emailed us to let us know fees have yet to be filed.

We continued to press her for answers, and have just received an email informing us that the judge initially rejected the lawyer's fees requested by the prior lawyer, which is why they were not included. We have not received an answer as to why they have yet to be filed, and thus, collections for our award has not begun. She told us she'd be finishing the paperwork "today or tomorrow (going on 11 months)" and then back to court, to get the fees awarded, then back to court to try to collect it all. This case was done on contingency.

Is this a reasonable amount of time for this to take? Is this a normal process? We all feel as if she kind of botched things, and we'll never be able to collect.

Not all cases will result in the award of attorney fees and, if not asked for originally before the case has been decided, it can be hard for an attorney to have them awarded later.

It is not unusual for clients to want the money awarded them quickly but it cannot always be collected quickly. If your attorney was working on a contingency basis, however, he is probably as anxious as you are to be paid.

I cannot tell you if eleven months is unreasonable or not but I can tell you that it would not be unusual to have to wait quite awhile to collect a judgment from a losing party. This would especially be the case if the losing party is one who was sued for nonpayment (of wages, I assume?). Your former employer may not have any money to collect to satisfy the judgment.

It is also not unusual for clients to believe their attorney must have "botched things" if all is not going the way they think things should go. These beliefs can be unreasonable. Because you say you won your case, it appears that your attorney at least did something right.

I suggest you make an appointment with your attorney to personally discuss with him where the case now stands as far as collection efforts and payment to you and the other three plaintiffs. Ask your attorney why it is taking "so long" to get paid. Or, if you do not trust what your attorney is telling you, you can have all facts reviewed by another attorney in your area.

Congratulations on winning your case.

 

[latigo]

If you please, Q.

The OP writes that he successfully sued his former Illinois employer for "non-payment", which is reasonable to assume means earned but unpaid wages.

Consequently, the OP is entitled to an award of attorney fees to be taxed as costs. (See: 705 ILCS 225/) Illinois Attorneys Fees in Wage Actions Act.)

But because of the gross misfeasance of the lawyer in failing to file an affidavit of fees when once approved are to be designated as costs and added to a final judgment, there is no final judgment and nothing yet to be collected. Such judgments aren't bifurcated.

Furthermore, the process of finalizing the judgment should not take but a matter of days, not months.

What I would have the OP do is to file a grievance with the Illinois Bar Association. And in that grievance request that the gross misfeasance of his attorney to be considered a waiver of any and all remuneration due the lawyer. And if any heretofore paid, that it be promptly refunded.

Plus, if the lawyer's inexcusable negligence in delaying the issuance of a final judgment should result in hindering its collection, the lawyer should suffer paying it out of his or her own pocket.

 

[quincy]

If you please, Q.

The OP writes that he successfully sued his former Illinois employer for "non-payment", which is reasonable to assume means earned but unpaid wages.

Consequently, the OP is entitled to an award of attorney fees to be taxed as costs. (See: 705 ILCS 225/) Illinois Attorneys Fees in Wage Actions Act.)

But because of the gross misfeasance of the lawyer in failing to file an affidavit of fees when once approved are to be designated as costs and added to a final judgment, there is no final judgment and nothing yet to be collected. Such judgments aren't bifurcated.

Furthermore, the process of finalizing the judgment should not take but a matter of days, not months.

What I would have the OP do is to file a grievance with the Illinois Bar Association. And in that grievance request that the gross misfeasance of his attorney to be considered a waiver of any and all remuneration due the lawyer. And if any heretofore paid, that it be promptly refunded.

Plus, if the lawyer's inexcusable negligence in delaying the issuance of a final judgment should result in hindering its collection, the lawyer should suffer paying it out of his or her own pocket.

Here is the link I was basing my post on (750 ILCS 5/508, Attorney's Fees; Client's Rights and Responsibilities Respecting Fees and Costs):

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K508

I am reluctant to say this is a wage action without knowing more. Wages were not mentioned. Only "nonpayment." But I agree that assumptions can be made that are not unreasonable.

I am also reluctant to advise the filing of a grievance against the attorney without knowing more. Because the attorney was said to be working on a contingency basis, a delay would not be in his best interests.

I like to believe that most attorneys are honorable. I start from that point and wait for the evidence to prove otherwise, rather than jumping to the conclusion that there has been gross misfeasance and inexcusable negligence. I think that filing a grievance is not the best first step to take.

But it is certainly a step that can be taken. I won't dispute that.

 

[wednesdays]

Here is the link I was basing my post on (750 ILCS 5/508, Attorney's Fees; Client's Rights and Responsibilities Respecting Fees and Costs):
Wages were not mentioned. Only "nonpayment." But I agree that assumptions can be made that are not unreasonable.

Yes, I apologize for omitting that -- we won the case for non-payment of wages and it was a wage suit.

Thank you both for your input. It seems that this could be viewed in two ways -- fairly normal or not.

We were seeking third-party opinions as we don't want to be unreasonable in our assumptions/feelings about how the post-award part of this case has gone. None of us have gone through this before, so although we feel 11 months is unreasonable for the filing of lawyer's fees post-award (we're not yet in the collection process), we know sometimes the legal process is very complicated and things don't always go smoothly. Unfortunately, it's been very difficult to get an explanation from our attorney.

Our former attorney has directed us to the Illinois Bar Association as well.

Thanks again for further insight!

 

[quincy]

Yes, I apologize for omitting that -- we won the case for non-payment of wages and it was a wage suit.

Thank you both for your input. It seems that this could be viewed in two ways -- fairly normal or not.

We were seeking third-party opinions as we don't want to be unreasonable in our assumptions/feelings about how the post-award part of this case has gone. None of us have gone through this before, so although we feel 11 months is unreasonable for the filing of lawyer's fees post-award (we're not yet in the collection process), we know sometimes the legal process is very complicated and things don't always go smoothly. Unfortunately, it's been very difficult to get an explanation from our attorney.

Our former attorney has directed us to the Illinois Bar Association as well.

Thanks again for further insight!

If your former attorney has directed you to the Illinois Bar Association, I guess that is where you should head.

It is very hard to offer opinions without knowing what the other party might be doing that could be causing delays and complications. It might not be anything your own attorney is or is not doing. But, if you cannot get any explanation from your attorney - even after making an appointment with the attorney to sit down and discuss the matter post-win - then you can perhaps get an explanation that makes sense from another attorney in your area who can personally review what has gone on with your case, or from the Illinois Bar Association, which will conduct an investigation.

Good luck - and thank you for the thanks. Both latigo and I appreciate them.

 

[latigo]

Yes, I apologize for omitting that -- we won the case for non-payment of wages and it was a wage suit.

Thank you both for your input. It seems that this could be viewed in two ways -- fairly normal or not.

We were seeking third-party opinions as we don't want to be unreasonable in our assumptions/feelings about how the post-award part of this case has gone. None of us have gone through this before, so although we feel 11 months is unreasonable for the filing of lawyer's fees post-award (we're not yet in the collection process), we know sometimes the legal process is very complicated and things don't always go smoothly. Unfortunately, it's been very difficult to get an explanation from our attorney.

Our former attorney has directed us to the Illinois Bar Association as well.

Thanks again for further insight!

(I didn't presuppose that you had loaned money to your boss or sold him your Jaguar.)

Apparently your "former attorney" does not agree with Q's belief that it is excusable, or that circumstances might render it not uncommon or acceptable, for a lawyer to sit on a cost bill for eleven months resulting in the failure to secure for his client an enforceable judgment!

I don't buy it and I challenge anyone to find a conscientious trial lawyer (which Q is obviously not because he could not be as frequently visible in this web site as he is and maintain such a law practice) to agree that such professional procrastination does not amount to inexcusable misfeasance. If this foot dragging incident follows a pattern, the lawyer's license could be in jeopardy.

As hesitant as I am to speak from personal experience, I will say that during my many years of trial work I've submitted literally hundreds of such cost bills, together with a proposed form of judgment and never less than 48 hours (considering holidays and weekends) after the favorable ruling is announced. And I don't find that practice particularly unique among my professional colleagues.

Lawyers don't break their butts to win a lawsuit and then let it languish indefinitely awaiting a final wrap. It would be like a salesperson having worked on a customer all day, then finally ready to sign on the doted line and the salesperson takes off for the weekend.

Also, I would be most interested to learn of said attorney's reaction should he have an opportunity to read Q's white-washing response. Another thing of interest would be an explanation from whomever as what circumstances might excuse the 11 months delay in finalizing the judgment. It takes little imagination to know that an assortment of things can occur in that time span to render the judgment worthless.

And thank you for the update.

 

[quincy]

I agree that lawyers "don't break their butts to win a lawsuit and then let it languish indefinitely awaiting a final wrap" so why do you suppose this lawyer (in your opinion) has done that?

What do you know about this particular case that the rest of us don't?

Provide facts, please. The law, as you should know, operates on facts and not imaginings, wild guesses and suppositions.

I have never found you hesitant to tout your personal belief that you know all, latigo, but I have to say that this latest post of yours shows you know far far less than you think you know.

 

[Dave1952]

The "prior" attorney had filed for attorney fees at some time and was rejected. The OP does not explain this.

 

[quincy]

The "prior" attorney had filed for attorney fees at some time and was rejected. The OP does not explain this.

Right. There is a lot we don't know about the case and why it is where it is right now, which is why I would not immediately jump to the conclusion that the current attorney is doing anything that warrants the filing of a grievance.

wednesdays needs to get answers and we cannot provide them without knowing all of the facts of what is going on with ALL of the parties.

A personal meeting with the current attorney or a meeting with another attorney for a personal review seems to make sense to me.