(20 ILCS 2635/16) (from Ch. 38, par. 1616)
Sec. 16.
Attorney's Fees and Costs.
(A) Attorney's fees and other
costs shall be awarded to any plaintiff who obtains declaratory, equitable,
or injunctive relief. The amount awarded shall represent the reasonable
value of the services rendered, taking into account all the surrounding
circumstances, including but not limited to: the amount of attorney time
and other disbursements determined by the court to be reasonably required
by the nature of the case; the benefit rendered to the public; the skill
demanded by the novelty or complexity of the issues; and the need to
encourage the enforcement of this Act.
(B) Attorney's fees and other costs shall, consistent with subsection
(A) of this Section, also be awarded to any plaintiff who obtains monetary
relief for damages. However, in no event shall such an award exceed the
actual amount of monetary damages awarded to the plaintiff.
(C) The court shall, consistent with subsection (A) of this Section,
assess attorney's fees and litigation costs reasonably incurred by the
State, a unit of local government, or government official or employee to
defend against any private party or parties bringing an action pursuant to
this Act, upon the court's determination that the action was brought in bad
faith or is malicious, vexatious, or frivolous in nature.
(Source: P.A. 85-922.)
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