Judge Patricia O'Brien Sheahan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Petition to Approve Settlement
- Email • Upon Filing
Communication
Other Contacts9 contacts
Chambers5 contacts
Clerk3 contacts
Document Filing Requirements18 rules
Attorneys must submit a written petition and proposed order of distribution to the presiding judge when seeking settlement approval in minor/disabled person, wrongful death, or survival actions.
- Document
- Settlement petition
Must include
- •Proposed order
Court's wording
Any attorney seeking approval of a settlement in an action involving: (1) a minor's or disabled person's personal injury case; (2) an action brought under the Wrongful Death Act; or (3) an action which survives a plaintiff's death shall, in a written form, submit a petition and proposed order of distribution to the judge presiding over the matter at the time of settlement.
A probate proceeding must be instituted when the net distributable amount to a minor or disabled person is $10,000 or more.
Court's wording
In any action in which the net amount distributable after deducting fees, expenses, and liens from the total settlement amount to a minor or disabled person is $10,000.00 or more, a proceeding must be instituted in the Probate Division in the county where the minor or disabled person resides.
The order shall not contain language which appoints a guardian, designates a depository or purports to waive a bond.
The order of distribution must contain the specified guardian-appointment and bond-approval language.
Court's wording
In such instances, the order of distribution must contain the following language: "The settlement amount approved herein shall be paid only to a guardian appointed by the probate division where the minor or disabled person resides and this order shall be effective only after the entry in the probate division or circuit court of an order approving the bond or other security required to administer the settlement and distribution provided for in this order."
In order to make a finding that the settlement is "fair and reasonable," the Petition must include a brief recitation of the case's known facts.
The settlement order must contain the following language: "The settlement amount is fair and reasonable."
The order approving the settlement or entering the judgment in such actions shall provide that the amount distributable, based on dependency, shall be accounted for and administered in the Probate Division.
Upon the entry of the order, the representative shall file a petition in the Probate Division requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond, unless waived by the Probate Division, or other security required pursuant to the settlement or judgment.
A copy of the order entered in Law Division must be attached to the petition.
Orders of distribution must state the recipient, how funds will be used and protected, tax treatment, and account administrator.
Court's wording
In any case, the order of distribution must indicate to whom the funds will be distributed, how they will be used and protected (bank account, money market account, etc), whether said account will be taxed, and who will be administering the account.
Orders in special administrator wrongful death actions must provide that the court hearing the action distributes the recovery; proceeds over $10,000 distributable to a minor/disabled person are administered under Probate Division supervision.
Court's wording
In wrongful death actions brought by a special administrator appointed pursuant to 740 ILCS 180/2, the order entering judgment or approving the settlement shall provide that the court in which the action is heard shall distribute the amount recovered in any such action. However, if proceeds in excess of $10,000.00 are distributable to a minor or disabled person, the order of distribution shall be administered and distributed under the supervision of the Probate Division.
Every petition and order of distribution must include a detailed itemization of all expenses claimed and the party seeking to recover attorney's fees bears the burden of presenting sufficient evidence to support the claim.
Where multiple petitions are submitted, each petition may include only expenses attributable to the parties involved in that particular settlement.
Court's wording
In any case where more than one petition is submitted (i.e., where parties settle at different times during the litigation), only those expenses attributable to the parties involved in the particular settlement shall be included in each respective petition.
Expenses that that are indistinct in terms of the task performed, its purposes, or the time spent on the task are considered "ambiguous" and unrecoverable.
The court shall exclude from any distribution order deductions for expenses that are "excessive, redundant, duplicative, or otherwise unnecessary."
An attorney cannot separately itemize and charge to the client expenses properly designated as overhead.
Vouchers must evidence that funds were distributed as ordered and that claimed attorney expenses match costs actually paid.
Court's wording
In all settlements where the distribution of the proceeds is not supervised by the Probate Division, the plaintiff's attorney must, within 60 days of entry, file and submit to the settling judge vouchers evidencing that: 1) the funds have been distributed and received in accordance with the settlement order and 2) the attorney expenses claimed in the settlement order are consistent with costs actually paid.
Prospective expenses are not recoverable in the Law Division or 1st Municipal Division, but an attorney may include specified language in the order to preserve recovery from the Probate estate.
Court's wording
Expenses that are prospective, such as expenses to be paid by the attorney subsequent to the entry of the settlement and distribution order, Probate filing fees, bond fees, etc., are not recoverable in the Law Division or the 1st Municipal Division. However, to ensure recovery of said expenses the attorney may include the following language in the order: "The Probate expense(s) claimed herein appear reasonable, however, reimbursement of the same must be obtained from the Probate estate."
Filing & Service rules
Filing Timing and Cure Windows
In settlements not supervised by the Probate Division, the plaintiff's attorney must file vouchers with the settling judge within 60 days of entry.
In all settlements where the distribution of the proceeds is not supervised by the Probate Division, the plaintiff's attorney must, within 60 days of entry, file and submit to the settling judge vouchers evidencing that: 1) the funds have been distributed and received in accordance with the settlement order and 2) the attorney expenses claimed in the settlement order are consistent with costs actually paid.
Civil cases
Page 6 | F. Vouchers
Failing to file vouchers within the designated period may result in the issuance of a rule to show cause.
Failure to file vouchers within this designated period could result in the issuance of a rule to show cause.
Civil cases
Page 6 | F. Vouchers
Pretrial settlement submissions should be submitted to the Court at least 3 days prior to the conference. Parties are to agree whether or not the settlement submissions will be confidential. The Court has no preference in this regard.
Pretrial settlement submissions should be submitted to the Court at least 3 days prior to the conference. Parties are to agree whether or not the settlement submissions will be confidential. The Court has no preference in this regard.
Civil cases
Page 2 | II. PRETRIAL D. Pretrial settlement submissions
Courtesy Copy Requirements
Settlement petitions for wrongful death, survival, minors, or disabled individuals must be filed with courtesy copies via email to the judge, and all email transmittals must copy all counsel of record.
Petitions to Approve Settlement in cases involving wrongful death, survival, minor(s) or disabled individuals must be filed, with courtesy copies delivered to patricia.sheahan@cookcountyil.gov. All email transmittals must copy all counsel of record. Adherence to the Procedures adopted by the Law, Municipal and Probate Divisions is required.
Civil cases
Page 2 | III. PETITIONS TO APPROVE SETTLEMENT
Chambers Communication Rules
Attorneys should submit 3-5 possible pretrial dates/times to the judge's email, including case name/number and copying all counsel of record.
Attorneys should submit 3-5 possible dates and times that work for all parties to patricia.sheahan@cookcountyil.gov. Please include the case name and number. Copy all counsel of record on the communication with the Court. The judge will select the first available date for a pretrial.
Civil cases
Page 2 | II. PRETRIAL A. Dates
Court Clerk Anthony Tucker's email address is aztucker@cookcountycourt.com.
Court Clerk: Anthony Tucker aztucker@cookcountycourt.com
Civil cases
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Judge Sheahan's email address is patricia.sheahan@cookcountyil.gov, used for scheduling, pretrial orders, and settlement petition courtesy copies.
patricia.sheahan@cookcountyil.gov
Civil cases
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Judge Sheahan's phone number is (312) 603-6551.
(312) 603-6551
Civil cases
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