United States District Court - Northern District of Illinois

General Rules

Rules 3.80 to 3.99 Procedures For The Appointment Of Attorneys In Pro Bono Civil Actions

Rule 3.87 Attorney's Fees

A. Fee Agreements Prohibited

Because the representation of the party was not voluntary at its inception and because the party is unrepresented in dealing with the appointed attorney, the appointed attorney shall, except as otherwise provided in paragraphs B, C, and D below, neither (1) enter into a binding fee arrangement of any type with the party nor (2) make such an arrangement a condition to undertaking or continuing the representation.

B. Party's Ability to Pay for Legal Services in Whole or Part

Where as part of the process of appointing an attorney to represent a party the judge finds that the party is able to pay for legal services in whole or in part but that appointment is justified, the judge shall include in the order of appointment provisions for any fee arrangement between the party and the appointed attorney.

If after appointment the appointed attorney discovers that the party is able to pay for legal services in whole or in part, the attorney shall bring that information to the attention of the judge. Thereupon the judge may either (1) authorize the party and the attorney to enter into a fee agreement subject to his/her approval, or (2) relieve the attorney from the responsibilities of the order of appointment and either permit the party to retain an attorney or to proceed pro se.

C. Fee Agreements as Part of Settlement Negotiations

Where it appears that a reasonable settlement is possible, court appointed counsel may enter into a provisional fee agreement with the party counsel was appointed to represent. Such provisional fee agreement shall be presented to the court for approval in the manner provided in D below.

D. Allowance of Attorney's Fees

Upon appropriate application by the appointed attorney, the judge may award attorney's fees to the appointed attorney for services rendered in the action or appeal as authorized by applicable statute, regulation, rule, or other provision of law, including case law.