Opinion
00 C 6465
February 15, 2002
Plaintiff Jane Doe and defendants Village of Libertyville and James Gallina reached settlement in this case. Attorney Richard Kopsick claims a lien on the settlement, or, alternatively, seeks a quantum meruit determination from this Court, for fees and expenses incurred during his representation of plaintiff's mother (plaintiff was a minor) in early settlement negotiations with the defendants. Kopsick withdrew from the representation when one of the defendants hired counsel with whom Kopsick has a personal relationship. In the meantime, plaintiff reached the age of majority and commenced this action on her own behalf with the aid of new counsel.
Plaintiff has filed a motion to reinstate and to enforce settlement, and defendants have filed a motion to adjudicate the lien. I had previously ordered that defendants pay to plaintiff a portion of the settlement amount while these motions were being briefed.
I now order defendants to pay to plaintiff the balance of the settlement amount. Kopsick is not entitled to enforce an attorney's lien because he failed to perfect the lien in the manner prescribed by the statute. Nor is he entitled to quantum meruit relief, based on the nature of the attorney-client relationship (in that it was with plaintiffs mother) and the circumstances of his withdrawal from the representation.
While I believe this matter could have been better handled, it does not rise to the level of a sanctionable offense and, accordingly, I decline to impose sanctions on counsel for the defendants.
Plaintiff's motion to reinstate and to enforce settlement [18-1] is GRANTED to the extent not granted in my order of January 29, 2002 [19-1]. Defendants' motion to adjudicate the lien [20-1] is GRANTED. Defendants are ORDERED to pay to plaintiff the outstanding balance of the settlement within one week from the entry of this order.