Illinois Lawyer Referrals and Legal Guidance

Archive for September, 2009

Five tips on Illinois law: divorce, sexual abuse, legal malpractice and more.

Wednesday, September 30th, 2009

Every Wednesday we present five Illinois legal tips in response to common questions we receive.

My wife lives Illinois, I live in Iowa, where do i file for a divorce? You can file in either place, but since you are in Iowa it would probably be better for you to file there unless there is property that you both own in Illinois.

I was abused by a priest when I was 12. I’m now 45 and after extensive counseling realized that I had blocked out this awful memory. Is it too late to file a lawsuit? The statute of limitations to file is your 28th birthday, but there is an exception if you truly had a repressed memory. If a mental health professional will testify that your memory was repressed it’s probably not too late.

Why is it so hard to find an Illinois legal malpractice attorney? A lot of lawyers don’t advertise that they handle these cases, but they will if the damages are right. Often an attorney delivers (very) bad service or doesn’t get you the result you want, but that doesn’t mean you have a malpractice case. The attorneys we know who handle those cases only do it if there are financial damages that can be proved.

I received my first ticket in 25 years, 15 over the speed limit. Do I need a lawyer? Typically you can get court supervision on your own for any offense under 20 mph over. If you get supervision it’s not entered as a conviction and your insurance won’t go up. As long as they are offering you that option you don’t need to spend any money on an attorney unless you don’t feel comfortable with the process.

Are there any lawyers outside of Chicago that represent people before the Illinois Department of Professional Regulations. I’m a nurse downstate and getting back and forth is a big challenge. The reason that most of the attorneys that handle these cases are in Chicago is because that is where the hearings take place. We imagine that some downstate attorneys have dabbled in it, but even in Chicago you will only find a handful that make it the focus of their practice. Most work with clients over the phone and by e-mail and will only ask you to come to Chicago for the actual hearing. Our strong recommendation is to go with someone up here as it gives you the best chance of a good result.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois. All inquiries are free and confidential.

Tags: "IDPR hearings" "sexual abuse" divorce "legal malpractice"
Posted in Five Tips | Comments Off

Lawyer fees when suing someone over a debt in Illinois

Tuesday, September 29th, 2009

There are two ways for an attorney to charge his or her clients when suing another person or business: by the hour or on a contingency basis (paid if they win). This post provides an overview of when lawyers will work on a case on a contingency basis, the difference between hourly and contingent and some advice about entering in to an agreement with a collection law firm in Illinois.

Hourly vs. contingency

An hourly fee is a set amount paid per hour. At the beginning of the case, the attorney will probably require a lump sum, called a retainer. This may be a couple thousand dollars, and as the attorney works on the case they will withdraw the fees they have earned. A contingency fee is contingent on the outcome. You only pay if you win. If you lose, you pay nothing. A contingency fee is generally 1/3 of what you recover, but can be higher. Obviously, this cuts into your recovery, but if you can’t afford to pay upfront, it may be a good option. In contingency cases, attorneys generally cover all the costs upfront. Here are some factors that go into deciding what type of fee is charged in any given case:

The size of the debt

An attorney will generally charge a contingency fee for a larger case, and an hourly fee for a smaller case. The contingency arrangement is both a risk and a reward for the attorney. The risk is that they could spend many hours on your case and get nothing in the end if you don’t win. The reward is that if they do win, they get a significant fee. Therefore, the risk isn’t worth it unless the amount you’re seeking to collect is large. For example, if you want to collect a debt from someone who owes you $12,000, an attorney probably wouldn’t take it on a contingency basis. If they are successful, they would get a fee of about $4,000, which may not be worth the risk if they spend a lot of time on the case. If they spend 25 hours on your case and charge $200 an hour, they would get $5,000 by charging hourly. On the other hand, if you are trying to collect $300,000 then they could get as much as $100,000. This certainly would motivate them to make a great recovery, but of course takes money out of your pocket.

The likelihood of success

The size of the debt isn’t the only consideration. An attorney will also look at the likelihood of success. If you have small case but it’s fairly straightforward and you’re likely to be successful, an attorney might take it on a contingency basis, even if they generally charge hourly for small cases. For example, if you are trying to recover a small amount from a large company, the company can probably afford to pay the debt and would rather pay it than go through litigation. A case like this may settle easily. On the other hand, a large amount doesn’t necessarily mean a contingency fee will be charged. If you’re seeking to collect $250,000, but the person who owes you the debt has no money, then a recovery isn’t likely. An attorney wouldn’t want to take the case on a contingency fee basis, because they aren’t going to get paid if you don’t get paid. They would probably charge hourly instead.

Ask questions and get it in writing

The bottom line is that debt collection attorneys consider several factors in deciding what type of fee to charge a client. Make sure you ask lots of questions. Ask how you will be billed, and whether the bill will be detailed if you’re paying hourly. Ask if you will be charged any miscellaneous fees or costs during your case. In contingency situations, there generally are no extra fees – the attorney covers all costs upfront. Before you hire someone, you should sign a fee agreement. Make sure you understand everything before signing, and don’t be afraid to ask questions.

Tags: "Contingency lawyer in Chicago" collection "commercial litigation"
Posted in Litigation | 2 Comments »

Illinois Workers’ Compensation: Five Things You Should Know

Monday, September 28th, 2009

Every year in Illinois more than 100,000 people get hurt on their job and approximately 70,000 people formally file claims with the State of Illinois to officially pursue benefits. We get contacted by about 20 people a week who may have a case. Here are some tips that we often provide that most people were not aware of.

Filing a case is not a lawsuit against your company.

When you file a claim for workers’ compensation, you are not filing a lawsuit. Filing a workers’ compensation claim is similar to filing a claim with a health insurance carrier. This is usually your only option; you cannot sue your employer for negligence. The idea behind the workers’ compensation system is to get benefits to workers more quickly than would be possible through the traditional court system. It doesn’t matter who was at fault for your injury. If you were careless, you still get benefits. But in return, if your employer was careless, they are protected from a lawsuit.

No health insurance? You’re still covered.

Your eligibility for workers’ comp payments and benefits does not depend on health insurance coverage. If your injury was caused by your job, you can see a doctor and your bills will be covered. Even if you need surgery, it will be covered as long as it is reasonable and necessary. This medical coverage is 100%, so you should not owe anything out of pocket. In Illinois, you can see any doctor you choose.

You should find out in two weeks if your claim is accepted

Your employers’ workers’ compensation insurance company will be the one paying you benefits after a work injury. In most cases, they are supposed to deny or accept your claim within two weeks. They cannot deny benefits without a valid reason. If their reason is not valid or they are dragging their feet, you can file a petition for penalties and fees. Hiring an experienced workers’ compensation attorney is a good idea. They will know how to work with the insurance company and can help you move things forward.

You only have 45 days to notify your employer

If you are injured on the job, notify your employer right away. In Illinois, you are required to give notice within 45 days. The 45 days either starts the day you were injured or the day you should have known your injury was work related (such as in cases of repetitive stress injuries). If you fail to notify your employer within the time limit, your claim could be denied. This law has been pretty liberally interpreted by the Courts in Illinois to the point that even if your employer is aware that you are injured that they will be considered to have notice of your injury.

A pre-existing injury doesn’t make you ineligible

If you have a pre-existing injury and it’s made worse by your job, you should be covered. Your claim cannot be denied simply because you were more prone to an injury. If you had back surgery a year ago, but have been treatment free, if your back goes out on you on the job then you can still file a case.

Tags: "workers compensation" Chicago medical "pre-existing conditions"
Posted in Injury Cases | Comments Off

How to Get an Order of Protection in Cook County, Illinois

Saturday, September 26th, 2009

Orders of protection, also known as restraining orders, are most often seen in cases of domestic violence, child custody and visitation, and possession of a residence. If you need an order of protection in Chicago or elsewhere in Cook County, here are some steps to get you started.

Determine whether you need a criminal or civil order

First, you have to determine whether you need a criminal or a civil order of protection. This will tell you where you need to go to get the order – criminal court or civil court. If your situation involves the police, you will go to criminal court to get a criminal order of protection. For example, if the person you need protection from has been arrested or you have filed a police report, you’ll go to criminal court. If you plan to press charges but haven’t done so yet, you can still go to criminal court. If the police have not been involved and charges aren’t going to be filed in the near future, go to civil court for a civil order of protection. If you have a pending child custody case, you would file in connection with that case at the same location. The same would be true if you were seeking a protective order against your spouse during a divorce.

Find the right court location

The main criminal courthouse in Chicago is located at 555 W. Harrison Street. Go here if you live in Chicago. For civil orders in Chicago, go to the Domestic Violence Court at the same location (555 W. Harrison Street). There are also suburban Cook County locations. The general rule is that you go to the location closest to where you live. Again, if you are seeking a protective order in connection with an ongoing case, file in that location (Domestic Relations Division, Child Support, etc ).

Understand the limits

You can only get protective orders against certain individuals. They are limited to family members, people who are engaged or dating, people who live together and people who have children together. There are three different levels of protective orders, with different time limits. An emergency order lasts from 14 to 21 days. An interim order lasts for 30 days, and a full order lasts for up to two years. These are the general guidelines. It’s ultimately up to the judge to decide.

Tags: "order of protection" "Cook County"
Posted in Did You Know? | Comments Off

DUI’s in Illinois. How do people get their license back?

Friday, September 25th, 2009

If you asked our advice or most any other attorney, you would get told that you should never take a breathalyzer test if you are pulled over on the suspicion of driving under the influence of alcohol. Like any other criminal case, you don’t have to prove your innocence, the State has to prove you are guilty. Agreeing to a breath test can help convict you.

Police officers will try to scare you in to a breath test by telling you that if you don’t take one then your license will automatically get suspended. This is true, but that doesn’t mean you will ever go a day without driving.

Typically you will get a notice from the Illinois Secretary of State letting you know that at some point in the next 30 days or so your license will be suspended. At that time you can file a motion called a petition to rescind a summary suspension. It’s lawyer talk for going to court and asking the Judge to find that your license shouldn’t be suspended at all.

Once you file this motion the prosecuting attorney must get you a hearing within 30 days. If they don’t then you automatically get your license back with full privileges. So if the arresting officer can’t make the court date you win.

Even if a hearing takes place, without a breath test it’s hard to prove that you were driving drunk and most first offenders either have the charges completely dismissed or reduced to a charge like reckless driving. While this hurts your insurance, it keeps you out of jail, has a smaller fine and lets you keep your driver’s license.

Tags: DUI Illinois "statutory summary suspension" "license reinstatement"
Posted in Criminal Defense in Illinois | 1 Comment »

“I’m looking for a Chicago divorce lawyer with a great win record”

Thursday, September 24th, 2009

A man in Chicago came to us recently with this very reasonable request. Who doesn’t want to hire a winner? Unfortunately there is no way to accurately measure wins and losses in Illinois divorces or anything else related to family law.

The reason that is impossible is because more than 95% of cases get settled. If your goal was to have custody of your child six days a week and your attorney negotiated a settlement for five days or the Judge ordered five days would you call that a win or a loss? If your wife wants to receive $2,500.00 a month in maintenance, you want to pay $1,000.00 and your attorney negotiates a settlement for $1,500.00 is that a win or loss?

Even if you go to trial, divorces or issues like child custody are not like a criminal case where a jury stands up and says "We the jury find in favor of . . .". In a trial the Judge makes the ultimate decision and very rarely gives someone everything they are looking for.

Since you can’t hire a lawyer based on their won/loss record, all you can do is focus on predictors of success. Some of those include: what percentage of their practice is family law; how much work does this attorney handle in the county where my case is; if we are fighting over the value of a business, what is their experience with forensic accounting; will they map out a strategy with me and do they follow that game plan; do they respond to phone calls and e-mails within 24 hours; do they seem indifferent to my concerns or act like they really care.

Nothing guarantees that you can hire the right attorney or get the result you are looking for. But since won/loss records don’t exist, hopefully the predictors of success will be a help. When we recommend an Illinois family law attorney, we look at these factors as well as feedback that we receive on attorneys in making our recommendations.

Tags: "Chicago divorce attorney" best custody support
Posted in Illinois Family Law | Comments Off

Illinois laws, five tips on social security, employment, prenups and more

Wednesday, September 23rd, 2009

Every Wednesday we provide five answers to common questions we have received from visitors to our website.

I work in the health field but not with any patient contact and my employer may make if mandatory for everyone to get a flu shot or risk termination. Can they legally do this? I always signed a form in the past waving the right to have one. Yes they can do this unless you have a contract like in a union. This is part of at-will employment.

I haven’t been able to work for six months because of chronic headaches and a back problem. Can you suggest a lawyer to help me apply for social security benefits? You don’t need one. Just apply ASAP and talk to your doctor about whether or not it’s anticipated that you will be off work for a year or more. If you get rejected, appeal. If rejected again then a lawyer can help (and they will only get paid if they win).

I weigh 300 pounds and my co-workers make fun of me. Can I sue? You can only sue for illegal activity and while it’s illegal to discriminate based on age, race, gender, etc., it’s not illegal to discriminate based on weight nor is it illegal to be mean. Most likely this is no case.

My husband told me three days before we got married that if I didn’t sign a pre-nup that he’d call the wedding off. That was 10 years ago. Is it valid? Most likely no because Illinois Courts have found that pre-nuptial agreements "under the gun" are not valid. The exact time period isn’t firm, but anything under a month before the wedding will be viewed suspiciously and almost anything less than a week will get tossed out.

I fell at my friend’s house and broke my leg. I refuse to sue my friend, but can’t afford my medical bills. What do I do? Assuming your friend has home owner’s insurance, you make a claim against that. If they won’t pay or won’t pay what’s fair you have to sue. Technically the lawsuit would be you vs. your friend, but the reality is that it would be you vs. the insurance company. No lawyer we know would go after your friend personally if you didn’t want that to happen.

Tags: "social security lawyer in Illinois" "pre-nuptial agreement" "slip and fall"
Posted in Five Tips | Comments Off

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