Schlosser v. Jursich

The issue presented by this appeal is whether an attorney can be ordered to pay costs in a personal injury lawsuit when the contingency fee contract makes no provision for allocation of expenses. We hold an attorney cannot be compelled to assume the responsibility for costs under the circumstances present here and the judgment of the Circuit Court of Lake County is therefore reversed.

Attorney John Jursich, the defendant in this case, was engaged by plaintiffs, Robert and Betty Schlosser, to represent them in a personal injury action arising out of an automobile collision. The contract for…