Stated another way, the standard is one of reasonableness. See, e.g., Pocius v. Halvorsen, 30 Ill.2d 73, 195 N.E.2d 137, 142 (1964); old Canons of Professional Ethics of the American Bar Association, Canon 13; Fitzgerald v. Freeman, 409 F.2d 427, 429 (7th Cir.), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134 (1969). Analysis of the fee-contract's reasonableness is not limited to the face of the contract. Dunn v. H.K. Porter Co., 602 F.2d 1105, 1110 (3d Cir. 1979)).

The Canon, however, qualifies the right with the proviso that they are subject to the "supervision of the courts, as to [their] reasonableness." See Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir., cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed. 2d 134 (1969) (court not bound by contingent fee agreement executed in conjunction with substitution of new counsel and could, in light of Canons 13 and 34, award fees on quantum meruit basis). We indicated the source of the power in Schlesinger v. Teitelbaum, 475 F.2d 137, 141 (3d Cir.), cert. denied, 414 U.S. 1111, 94 S.Ct. 840, 38 L.Ed.2d 738 (1973), where we stated that, "in its supervisory power over the members of its bar, a court has jurisdiction of certain activities of[its] members, including the charges of contingent fees."

The Canon, however, qualifies the right with the proviso that they are subject to the "supervision of the courts, as to [their] reasonableness." See Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir.), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134 (1969) (court not bound by contingent fee agreement executed in conjunction with substitution of new counsel and could, in light of Canons 13 and 34, award fees on quantum meruit basis). We indicated the source of the power in Schlesinger v. Teitelbaum, 475 F.2d 137, 141 (3d Cir.), cert. denied, 414 U.S. 1111, 94 S.Ct. 840, 38 L.Ed.2d 738 (1973), where we stated that "in its supervisory power over the members of its bar, a court has jurisdiction of certain activities of [its] members, including the charges of contingent fees."

The Canon, however, qualifies the right with the proviso that they are subject to the "supervision of the courts, as to [their] reasonableness." See Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir.), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134 (1969) (court not bound by contingent fee agreement executed in conjunction with substitution of new counsel and could, in light of Canons 13 and 34, award fees on quantum meruit basis). We indicated the source of the power in Schlesinger v. Teitelbaum, 475 F.2d 137, 141 (3d Cir.), cert. denied, 414 U.S. 1111, 94 S.Ct. 840, 38 L.Ed.2d 738 (1973), where we stated that "in its supervisory power over the members of its bar, a court has jurisdiction of certain activities of [its] members, including the charges of contingent fees."

We have previously considered other facets of attorney's fees in that case. See Radiant Burners, Inc. v. American Gas Association, Inc., No. 71-1301 (Mar. 20, 1972); Fitzgerald et al. v. Freeman et al., 409 F.2d 427 (7th Cir. 1969), cert. denied 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134. The background of the dispute over fees was set out in this court's unreported order in No. 71-1301, as follows:

See also Canon 12. E.g., Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir. 1969), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134 (1969); Gair v. Peck, 6 N.Y.2d 97, 188 N.Y.S.2d 491, 160 N.E.2d 43, 77 A.L.R.2d 390 (1959), cert. denied, 361 U.S. 374, 80 S.Ct. 401, 4 L.Ed.2d 380 (1960); Taylor v. Bemis, 110 U.S. 42, 45-46, 3 S.Ct. 441, 28 L.Ed. 64 (1884); McCreary v. Joel, 186 So.2d 4, 6 (Fla. 1966); see F. MacKinnon, Contingent Fees for Legal Services, p. 66 (1964). We can think of at least three reasons why a court might be more inclined to inquire into successful plaintiff's actual counsel fees in an antitrust case.

When courts invoke their inherent powers to scrutinize contingent fee contracts entered into by lawyers practicing before them, the contingent fee contract is reviewed under a reasonableness standard.McKenzie Const., Inc. v. Maynard, 758 F.2d at 100; International Travel Arrangers, Inc. v. Western Airlines, Inc., 623 F.2d at 1277-78; Allen v. United States, 606 F.2d at 435; Dunn v. H.K. Porter Co., Inc., 602 F.2d at 1108; Schlesinger v. Teitelbaum, 475 F.2d at 141; Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir.), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134, reh'g denied, 396 U.S. 976, 90 S.Ct. 425, 24 L.Ed.2d 447 (1969); McGill v. City of Ottawa, 773 F. Supp. 1473, 1474-75 (D.Kan. 1991). Because contingent fee contracts are not reviewed under the more exacting standards applied to commercial contracts, Spilker v. Hankin, supra, there is no necessity to review the instant agreement for unconscionability.

The ABA Code of Professional Responsibility recognizes that an attorney is free to enter into a contingency fee contract. However, this is qualified by the proviso that such contracts are subject to court review for reasonableness.Schlesinger v. Teitelbaum, 475 F.2d 137, 141 (3rd Cir.), cert. denied, 414 U.S. 1111, 94 S.Ct. 840, 38 L.Ed.2d 738 (1973); Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir.), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134, reh'g denied, 396 U.S. 976, 90 S.Ct. 425, 24 L.Ed.2d 447 (1969). The fee must prove fair under the circumstances of the case.

Furthermore, the court is not bound by any contingent fee executed between plaintiff and his attorneys. See Fitzgerald v. Freeman, 409 F.2d 427 (7th Cir. 1969), rehearing denied, May 9, 1969. In Webster Motor Car Co. v. Packard Motor Car Co., 166 F. Supp. 865 (D.D.C. 1955), a treble damage antitrust suit, Holtzoff, D.J., in connection with the determination of plaintiff's attorneys' fees under the Antitrust Act, wrote:

Hofreiter v. Leigh, 124 Ill. App.3d 1052, 1056, 80 Ill.Dec. 319, 465 N.E.2d 110 (1984). The legal rules of contract are not alone determinative in a controversy between attorneys, but there must also be compliance with the canons of professional ethics under the Court's supervision over contingent attorneys' fees. Fitzgerald v. Freeman, 409 F.2d 427, 428 (7th Cir. 1969), cert. denied, 396 U.S. 875, 90 S.Ct. 151, 24 L.Ed.2d 134 (1969). The Illinois Supreme Court Rules, including the Code of Professional Responsibility, have the function of law and are a strong indicator of public policy in the area of attorney conduct.