In re Kutner

Attorney Luis Kutner (defendant) was retained to represent Warren P. Fisher in relation to a charge of criminal battery. Kutner charged Fisher a fixed $5,000 fee for his services. On Fisher’s court date, the charges against Fisher were dropped. Fisher then consulted other attorneys who told Fisher that Kutner had overcharged him. Fisher filed a complaint with the Chicago Bar Association, which referred the matter to the Committee on Professional Fees. The administrator of the Attorney Registration and Disciplinary Commission (administrator) (plaintiff) charged Kutner with a violation of Disciplinary Rule 2-106 of the Illinois Code of Professional Responsibility for overcharging. During the hearing, an expert witness testified that the typical fee for a simple battery case like Fisher’s was between $750 and $1,250 based on the number of hours needed to pursue the case, even if the case went to trial. In his defense, Kutner argued that the agreement with Fisher was a fixed-fee agreement and that the case had to be resolved as a contractual dispute rather than a disciplinary inquiry. Despite Kutner’s representations that he spent 10 hours working on the case, the review board found that Kutner spent five to six hours on the matter and had overcharged Fisher in violation of the state’s rules of professional responsibility. The review board recommended censure of Kutner. Kutner appealed the recommendations of the review board to the Illinois Supreme Court.