It Is Possible To Recover Attorney Fees In Some Civil Lawsuits

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The most frustrating aspect of some business disputes we handle is not the concern the court will rule against our client, but rather that the accusations against our client are so frivolous it is unfair they have to spend money to defend the matter.

Recovering attorney fees is possible in civil cases. This frequently is accomplished by filing a motion pursuant to Illinois Supreme Court Rule 137, which allows a party to recover attorney fees spent defending a frivolous lawsuit.

Attorney Norman J. Lerum of The Lerum Law Firm in Chicago is among a handful of attorneys in the state who have tried Rule 137 cases.

Understanding Rule 137

Rule 137 requires that all pleadings be signed by an attorney who certifies that he or she has made a "reasonable inquiry" to ensure the lawsuit being brought against a party is well-grounded in fact and warranted by existing law or warranted by a good-faith argument for modifying or reversing an existing law. Rule 137 prohibits lawsuits that are merely designed to harass a defendant or increase the cost of litigation.

A party seeking reimbursement through Rule 137 must prove the opposing party made false allegations without reasonable cause. These complex cases require an experienced business litigation lawyer like Mr. Lerum.

If you have a business dispute, frivolous or not, call us or use our online contact form to schedule a meeting in which we can answer your questions and recommend an effective course of action.