Illinios FOIA and the Recovery of Attorneys’ Fees

by edwardslegalservices

In Peoples Law Office v. the Department of Corrections, 2014 IL  App (1st) 130161, issued this week, the First District held that if an Illinois FOIA request is pursued through the courts and the plaintiff wins, but did not have to pay an outside lawyer to pursue the case, the plaintiff may not recover any attorneys’ fees under the Illinois FOIA statute.  So, if the action is pursued pro se or by in-house counsel, who is not separately paid to bring the action, attorneys’ fees will not be awarded.  On the other hand, the court also held that if the plaintiff prevailed, by settlement or otherwise, prior to judgment, the plaintiff would be entitled to recover its attorneys’ fees if there were any.

 

This is not legal advice and should not be construed as such.