In re Marriage of GoeselAnnotate this Case
Christine, represented by Goldstine, sought dissolution of marriage from Andrew. Andrew was represented by Boback. Holwell later became Andrew’s counsel. Before withdrawing, Boback successfully moved to disqualify Goldstine for improperly ordering Christine to provide Andrew’s mail that arrived at the marital home, opening and viewing the mail. Holwell billed Andrew $37,094.49 for the disqualification matter. Later, Jaquays appeared for Christine. LeVine appeared for Andrew. Christine sought interim attorney fees, arguing that she had paid Jaquays a retainer of $5000 and had an outstanding balance of $27,142.60 and that if the court determined that Andrew lacked the ability to pay her fees, it should order disgorgement from the money that Andrew had paid to Holwell. Andrew also sought attorney fees, owing $17,500.38 to Holwell and $26,000 to LeVine; Holwell testified that she was holding $13,000 that Andrew had paid to Boback because of a dispute as to who owned the money. The court found that both parties lacked an ability to pay reasonable attorney fees. Andrew had paid $66,382.28 to Holwell, $10,000 to LeVine, and $23,639.99 to Boback. Christine had paid $5000 to Jaquays and $13,117.04 to Goldstine. The court held that to “level the playing field,” each party should have $59,069.65 for attorney fees. The court ordered Holwell to disgorge $40,952.61 for payment to Jaquays. Holwell was held in contempt. The Illinois Supreme Court affirmed reversal of the disgorgement order. Fees that have already been earned by an attorney in a dissolution of marriage proceeding are not considered “available funds,” such that they may be disgorged under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c-1)(3).