Illinois Lawyer Referrals and Legal Guidance

Online form wills aren’t worth the risk

September 2nd, 2010

You can get anything online these days, including a will. It may seem like a good deal, but we wouldn’t recommend it. It simply can’t compare to the advice of an experienced attorney.

A will should be an extremely personalized document. It also needs to be drafted carefully in order to avoid misinterpretation after your death. It needs to say exactly what you would say if you were there to say it.

Your will determines how your assets, property and personal items will be distributed, and if you have young children, it dictates who will care for them. An attorney will listen to your wishes, and with the law in mind, draft a will to carry out those wishes. In most cases, it won’t cost much more than the online form.

There is a lot at stake. Don’t trust that the one-size-fits-all form will fit you. If it doesn’t, your loved ones will have to deal with the consequences.

Beyond all of that, some of these “cheap” services charge people for power of attorney forms. These forms are available for free on our website. Click out the “Free Lawyers and Legal Forms” link to the left. It takes about two minutes to complete, it’s free and it can save you a lot of heartache.

Posted in Did You Know? | No Comments »

Five tips for hiring a good Chicago divorce attorney

September 1st, 2010

When it comes to choosing a divorce attorney, you can’t focus on wins and losses. First of all, it’s only part of the equation. Second, most divorce cases end in settlement, so it’s hard to know what counts as a win and what counts as a loss.

Here are some more reliable considerations:

1. Hire local. When looking for a divorce attorney, make sure they have experience with the courthouse where your case was or will be filed. An attorney who knows the judges and other attorneys can have an advantage. It doesn’t guarantee success, but it can definitely help if your lawyer knows the judge’s quirks and has a good reputation among the other regular attorneys.

(Note that many Cook County divorce cases are filed downtown at the Daley Center. There are a handful of smaller suburban Cook County divorce courts. Cases filed at one of these may be transferred downtown if the other party makes a transfer request. So if you are in a suburban location, ask whether they will go downtown if your case ends up there.)

2. Go with experience. An attorney who has seen hundreds of cases is more likely to know what to do in your situation. If your case is unique – maybe you own a family business – ask if they’ve handled a similar case in the past. Make sure they focus their practice on divorce and related issues (custody, support, etc.). They’re likely to have more solid experience than an attorney who takes any and every type of case.

3. Get referrals and check them out. Set up a few initial consultations. This is the best way to find out about an attorney and get a feel for whether you want to hire them. Referrals are a good way to get started, but don’t rely on them blindly. Your best friend’s divorce attorney may have been great for them but may be the wrong choice for you.

4. Go with your gut. If you don’t get a good feeling from that first meeting, keep looking. Just because they are known as a great attorney doesn’t mean they’re the best attorney for you. Divorce is often contentious and emotional. If the parties disagree, the case can go on for years. The point is that you’ll be spending a good amount of time with your divorce attorney and trusting them with a lot, so your comfort level is important.

5. Ask a lot of questions. When meeting with a divorce attorney for the first time, think of it as an interview. You are deciding whether they’re right for the job. Ask about their experience, of course, but don’t forget to ask about their strategy, their fees and even their customer service. How will they handle your case? How will they keep you informed? How quickly do they respond to calls or e-mails? How do they bill you for the work they do?

There is no such thing as the best divorce attorney in Chicago. It’s too personal. Instead, focus on finding the best attorney for your situation.

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Clearing your criminal record in Illinois – not as easy as you may think

August 31st, 2010

People often want to clear their records in anticipation of an employer’s background check, or just because they want to put the whole thing behind them. It’s not always possible to clear your record – it depends on the offense.

There are two ways to clear a record – you can get it sealed or expunged. Sealing hides your record from employers and the general public. It’s still viewable by law enforcement, and in some cases it can be released by court order. Expungement erases a record completely.

You generally can’t clear DUIs or felonies (except some Class 4 drug offenses). And having more than one conviction might prevent you from getting either off your record.

If you’re thinking about pleading guilty to an offense, consider how it will affect your record, including whether it will be permanent. Be careful of promises that an offense can be cleared later on. Consider talking to an experienced expungement attorney before making a decision.

Posted in Criminal Defense in Illinois | No Comments »

You can file for workers’ comp in Illinois even if you were only hired here

August 30th, 2010

Let’s say your employer is based in State A, you were hired in State B, and you suffered a work injury in State C. You’re probably confused about where to file a workers’ compensation claim.

Our advice: file in Illinois if you can.

Illinois has worker-friendly laws when it comes to workers’ compensation. And you can generally file your claim here even if you haven’t been to Illinois in years. If your only connection to Illinois is that you were hired here when you first joined the company, even if it was 15 years ago, you can file your workers’ compensation claim here.

If you weren’t aware of this rule, and you filed a claim in another state, it may not be too late. If Illinois law entitles you to more benefits than you got in the other state, you can file here as well. Even if you closed your case in that other state, and even if you signed something saying that you couldn’t seek additional benefits, you can still file here. Only the Illinois Workers’ Compensation Commission can close out your Illinois work injury claim.

Tags: workers' compensation
Posted in Injury Cases | No Comments »

A bad way to make money

August 27th, 2010

The other day a friend of mine over heard this on the el train:

I should just get pregnant and get child support so I won’t have to work any more.

Now my friend swears that the person sounded serious. Assuming that they were, unless you are tricking Bill Gates or Michael Jordan in to being your baby Daddy, you are likely wasting your time.

Child support for one child is 20% of the non-custodial parent’s take home pay. Nothing in Illinois law says that the Mom gets primary custody, but even if they do, 20% just isn’t that much.

If the Dad makes $80,000 a year, you can anticipate that he’ll get around $50,000 after taxes. 20% of that amounts to around $200 a week.

Does an extra $200 a week seem like enough to live off of when you also have to actually take care of the baby. Even if they make double that and you are getting $400 a week, is that really worth it?

Nothing can make either parent actually be a parent. I know that I’d rather not be a single Dad if I could avoid it. Kids are great and also a ton of work. Not having someone there to help you through it certainly isn’t worth the extra cash in your pocket.

Beyond all of that, you shouldn’t assume that the Dad will actually cooperate in paying you. If they are working a cash job you’ll probably have to pay a lawyer out of your own pocket to actually get support.

People have un-planned pregnancies all of the time and I salute them for keeping the baby. I’m sure all of those Moms love their child. But I’m also sure that if having a kid is their way of financially planning for the future, they won’t be thrilled with their choice 18 years later.

Posted in Illinois Family Law | No Comments »

New Illinois law alert on hiring

August 26th, 2010

There is a new law that bans credit checks on potential new hires. Below is an article from the Chicago Tribune that discusses the law.

Illinois employers will no longer be able to run credit checks on those applying for jobs under a measure Gov. Pat Quinn signed into law today.

Supporters say the move is aimed at preventing employers from turning away job seekers due to poor credit amid an economic crisis that has left many unemployed and struggling to pay the bills.
“If you lose your job and your credit is damaged as a result, and employers use your credit to prevent you from getting a job, this is a vicious cycle folks will never get out,” said Sen. Don Harmon, an Oak Park Democrat who sponsored the legislation.

Under the new law that takes effect Jan. 1, employers cannot use credit history to determine whether to hire, fire or promote someone. If an employer is caught accessing such information, they can face legal action.

However, some industries and positions are exempt, such as those dealing with banking, insurance, trade secrets or state and national security.

Proponents say pre-employment credit checks are on the rise even as many people’s credit history has taken a beating in recent years. Quinn said the checks act as “an artificial way to keep people from employment,” and he blamed over zealous credit report companies for selling an unnecessary product to employers.

Posted in Did You Know? | No Comments »

Five legal tips on car accidents in Illinois

August 25th, 2010

Every Wednesday we provide five legal tips based on questions from readers. This week has to do with Illinois personal injury cases and five things you should do if you are in a car accident:

1. If you are hurt, go get medical attention right away. If you don’t do it right away, but are in pain the next day, head to the doctor. The longer you wait, the harder it is to prove any injury is related to the initial accident.

2. Call the police. Even if the other person says they will work things out with you, you need to have a police report. Nine out of ten times when people don’t do this it comes back to haunt them.

3. Document what happened. When you are home, write in a journal everything that happened in case you ever need to refresh your memory for a deposition or trial.

4. Report the accident to your insurance company. In case you are at fault, if you don’t report the accident right away you might lose coverage.

5. Talk to an attorney. You might need one, you might not. But by calling a lawyer you should be able to make an educated decision. Also, it’s possible that witness statements need to be secured or evidence from the accident has to be preserved. If you wait to long to get with a car accident law firm, you may end up losing the case.