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Keywords

contractbreach of contractattorneyappealtrialsummary judgment
contractattorneyappealtrial

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Keck and Associates, P.C. v. Vasey, 359 Ill.App.3d 566, 834 N.E.2d 486, 295 Ill.Dec. 905

Facts

John Vasey, an insurance agent, hired Keck & Associates under a contingent fee agreement to litigate against State Farm for alleged libel. After the trial court granted summary judgment in favor of State Farm, Keck advised Vasey to appeal the decision. However, Vasey chose not to appeal and informed Keck of his decision to accept State Farm's offer to waive costs. Keck subsequently sued Vasey for the reasonable value of its services, claiming that Vasey's refusal to appeal constituted a breach of their agreement.

John Vasey, an insurance agent, hired Keck & Associates under a contingent fee agreement to litigate against State Farm for alleged libel.

Issue

Did the attorney have a right to recover fees in quantum meruit after the client declined to appeal an adverse judgment?

Did the attorney have a right to recover fees in quantum meruit after the client declined to appeal an adverse judgment?

Rule

A client has the right to decide whether to appeal from a trial court's judgment, and an attorney discharged after a final judgment is not entitled to recover contractual fees unless discharged without cause.

A client has the right to decide whether to appeal from a trial court's judgment, and an attorney discharged after a final judgment is not entitled to recover contractual fees unless discharged without cause.

Analysis

The court analyzed the terms of the contingent fee agreement and determined that it did not include an obligation for Vasey to appeal. Since the agreement concluded with the trial court's final judgment, Vasey's decision not to appeal did not constitute a breach of contract. The court emphasized that requiring Vasey to pay additional fees would undermine his right to make decisions regarding his case.

The court analyzed the terms of the contingent fee agreement and determined that it did not include an obligation for Vasey to appeal.

Conclusion

The court affirmed the trial court's dismissal of Keck's claim for recovery in quantum meruit, concluding that Vasey did not discharge Keck without cause and had fulfilled his obligations under the contract.

The court affirmed the trial court's dismissal of Keck's claim for recovery in quantum meruit, concluding that Vasey did not discharge Keck without cause and had fulfilled his obligations under the contract.

Who won?

John Vasey prevailed in the case because the court found that he had the right to decide not to appeal and that the attorney was not entitled to additional fees.

John Vasey prevailed in the case because the court found that he had the right to decide not to appeal and that the attorney was not entitled to additional fees.

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