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KOHLENBRENER v. NORTH SUBURBAN CLINIC, LTD.

No. 1-03-1381.

826 N.E.2d 563 (2005)

356 Ill. App.3d 414

292 Ill.Dec. 422

Bianca KOHLENBRENER, as Executor of the Estate of Robert M. Kohlenbrener, Deceased, Plaintiff and Respondent-Appellee, v. NORTH SUBURBAN CLINIC, LTD., Robert Rosenbloom, M.D., Robert Minkus, M.D., Julian Joffe, M.D., Angelo Alexander, D.O., David Levine, M.D. and NSC-II, Defendants (Ronald S. Adelman, Individually, and Roberta Mallon, as Independent Executor of the Estate of Loren J. Mallon, d/b/a Loren J. Mallon and Associates, P.C., Deceased, Petitioners-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

March 18, 2005.

Attorney(s) appearing for the Case

Ronald S. Adelman, Chicago, for Petitioners-Appellants.

Rothschild, Barry & Myers, Chicago (William G. Myers, of counsel), for Respondent-Appellee.

Justice McNULTY delivered the opinion of the court:

The parties to the instant appeal ask us to determine whether a fee agreement between attorneys and their client survived the client's death, allowing the executor of the client's estate the benefit of the agreement's cost-control provisions. We hold that the conduct of the parties demonstrates a clear intent to continue the agreement, and we affirm the order denying the attorneys' request for a declaration that...

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