Kohlenbrener v. North Suburban Clinic, Ltd.

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 the agreement terminated with the client’s death.

Robert Kohlenbrener, a founder and long-time shareholder of North Suburban Clinic, Ltd., a closely held medical corporation, was…