Category: Legal Aid
2.11.26
Category: Legal Aid
Written by Jessica Mansbacher Kibbe on 2.19.26
Dealing with a family law issue, like a divorce, can be expensive. When two parties choose to litigate issues in Court rather than negotiate settlement out of court, the legal proceedings can become even more expensive. In Illinois, clients are obligated to pay their attorneys for services rendered, with an important qualifier. Under Section 508 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a family law attorney can recover fees from a client who refuses to pay so long as there is a written engagement agreement that satisfies the statute. Without that writing, even substantial legal work may not be recoverable through a statutory fee petition.
Attorney fees in Illinois family law cases are governed by Section 508 of the IMDMA. This section allows parties to seek contribution to their attorneys’ fees from their spouse if they cannot afford them on their own. This section also allows a party in a divorce action to seek attorneys’ fees from a spouse who engages in bad-faith or vexation litigation or violates a court order.
This section also allows current and former attorneys to petition the court directly when a client refuses to pay their fees.
Section 508(c) allows an attorney to petition the court directly for fees owed by a client, but only if there is a signed written engagement agreement between the client and the attorney. When the attorneys files a petition with the court under this section, they must attach that written agreement to their petition as well as an affidavit.
This makes sense: The Court needs to proof that the client is aware of and able to understand their financial obligations, and the Court needs to assess whether the fees the lawyer is pursuing are reasonable in light of the circumstances. A written agreement will provide that.
A written engagement agreement under §508(c) generally includes:
Illinois courts do not require any particular magic words, but the agreement must clearly set forth the financial terms of the attorney-client relationship and be signed by the client.
In Stoltman v. Lesure, an attorney represented a client in a dissolution of marriage matter based on an oral agreement regarding fees. The attorney performed substantial work and later sought to recover unpaid fees after the attorney-client relationship deteriorated, by filing a petition under IMDMA §508(c). The client tried to get the petition dismissed, but the Court denied their request and instead ordered the dispute to arbitration. The arbitrator awarded the attorney approximately $16,511 in fees.
When the client rejected the arbitration award, the trial court entered judgment in favor of the attorney. The client appealed, and the Illinois Appellate Court reversed the lower court’s ruling.
The Third District held that the attorney’s §508(c) petition failed as a matter of law because no written engagement agreement ever existed between the attorney and the client. As a result:
The appellate court emphasized that §508(c)’s written agreement requirement is mandatory, not optional, and not subject to equitable exceptions. Meaning, just because the parties acted like there was a contract, by rendering legal services and receiving legal services, that did not mean there were fees that could be recovered under the IMDMA.
The court relied heavily on the plain language of the statute, noting that §508(c) expressly requires attachment of a written engagement agreement to any fee petition. Without such an agreement, the statutory mechanism for recovering fees simply does not apply.
Crucially, the court rejected the attorney’s argument that a contract for services existed without a writing because he rendered services, which the client accepted. This contract-based argument does not work if a lawyer is seeking fees under the Illinois Marriage and Dissolution of Marriage Act. In the context of a domestic relations case, there is a threshold requirement of a written agreement for attorney’s fees before a client can be ordered to pay.
For clients, the takeaway is straightforward but important:
Clients should always:
A written agreement protects not just the attorney; it protects the client by ensuring transparency and predictability.
For family law practitioners, the best practices are the same: Get a signed written engagement agreement before any substantive work begins.
So, do you have to pay your family law attorney in Illinois? Yes. And under IMDMA §508(c), that obligation is enforceable in court so long as there is a written engagement agreement. A trustworthy attorney will make sure that everyone understands their rights and obligations before beginning a working relationship with a client. That protects the clients’ best interests, as well. In other words, if a lawyer says they will help you with your divorce, but they never send you an engagement agreement, give our office a call instead. We always provide written agreements so that our clients benefit from their clarity and protection. If you have questions about a family law matter, reach out to the attorneys of O. Long Law, LLC, today to schedule a consultation.
Category: Legal Aid
10.21.25