Who really pays for lawsuits?

As I glanced over the front-page article in the Northwest Herald this morning for the second or third time, it finally struck me. [And, yes, I do still get a paper at my door every morning, thanks to a faithful carrier who probably hopes he won't have to wait until his next life to get the reward he so richly deserves. (OK, Michael L.; watch your mail for an envelope in the next few days.)

Who will really pay for the lawsuit that Terry Ekl has filed against Special Prosecutors Henry Tonigan and Thomas McQueen?

Taxpayers, go to the head of the line.

Since Attorneys Tonigan and McQueen were hired as Special Prosecutors to work on behalf of the people of McHenry County in their investigation of now-exonerated State's Attorney Lou Bianchi, will they ask for McHenry County to defend them? And will that be right after they sue McHenry County for unpaid legal fees?

Next time you retain a lawyer and direct, instruct or even just allow him (or her) to do work for you, watch carefully what happens. Even if you have told your lawyer to allow only one of its high-priced attorneys to work on your case. What if later you realize your billing includes fees for a lawyers' conference (two lawyers in the same office, drinking coffee, discussing your case while the meter runs at both rates!)> You're going to get a bill. And what will happen if you don't pay that bill? You are going to get sued by your own attorney.

Lawyers sue their clients for fees all the time in McHenry County. (They could, of course, avoid that by ceasing work when the retainer runs dry; instead, they just keep right on "working" and billing.

So McHenry County hired Tonigan and McQueen and is now trying to skip out on a big chunk of the bill. To the County Board, I say, "Shame on you." You failed to put a cap on bills that the good judge could allow the lawyers to run up. The County Board deserves all the blame, and voters should remember this at the next election.

#1 McHenry County owes Tonigan and McQueen. How much? $380,000? Pay them. Now!

#2 Will McHenry County end up footing the bill for defense in the lawsuit filed by Terry Ekl on behalf of Lou Bianchi, his exective administrative assistant and two investigators at the State's Attorney's office?

Obviously, the State's Attorney's office will not be available to defend the County. Oh, there's that word "available". Maybe the Office is "available", but its employees are parties to the suit, so that means a Special State's Attorney, and you are not going to find one of those for $91.50/hour. More like $250/hour. Maybe, more like $400-500/hour.

You just "gotta" love the comment from County Board member Ersel Schuster (District 6). Said she, "I don't like to see lawsuits, but if there's wrongdoing, it needs to be looked into, and seriously, and it looks like that's the case."

Did she mean the case against Lou Bianchi and staff?
Does she mean the new case by Lou Bianchi and staff?

I wonder if she'll vote for funds to pay for a Special Prosecutor to investigate Sheriff Keith Nygren.

Lastly, the County Board should have stayed away from the "deal" with Terry Ekl to recover its defense fees in the Bianchi case. That deal smells to high heaven. Ekl apparently agreed to slice his $640,000 in billings (to defend Bianchi and staff) to $275,000 and offered to pay the County $275,000 out of any winnings against the Special Prosecutors.

Which shell is the pea under? First guess?