Illinois Lawyer Referrals and Legal Guidance

Archive for September, 2009

Is the EEOC so overworked that they are giving up?

Tuesday, September 22nd, 2009

"In this economy" lots of people are losing their jobs. Many are clearly getting let go for financial reasons. Others feel that they might have been let go for an illegal reason like age, race, religion, job injury, pregnancy, etc.

When you are let go for an illegal reason, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) and/or Illinois Department of Human Rights. They are supposed to investigate, for free, whether or not your termination was illegal. When they are done with their investigation they provide their findings and no matter what give you a "right to sue" letter which gives you 90 days to file a lawsuit. If they don’t find that your ex-employer broke the law it is almost impossible to find an Illinois employment attorney that will take on your case. After the 90 days have passed, if a lawsuit hasn’t been filed your case is over.

We often direct people to these organizations because they are supposed to level the playing field. It’s one thing to know in your heart that you were let go for an illegal reason, it’s another thing to be able to prove it. Their job is to see if there is evidence that proves what happened. To get a private attorney to do this can be very expensive and most people can’t afford it. Unless you have a smoking gun piece of evidence (e.g. an e-mail that says they want to fire you b/c you are pregnant, people that can testify as to what supervisors said, etc.) it’s very hard to win a case.

Lately we’ve received a dramatic increase in calls from people with right to sue letters. On many occasions these people have been terminated for more than 18 months and still don’t have a result. Some have been told by the investigator assigned to their case that they don’t have time and are just going to give a right to sue letter to close the case. Some are told that they should just take the right to sue letter so they can get in to court – again this is a bad idea if you don’t have real evidence first. Some are told that the investigation will take another year or two.

We understand that these agencies are overworked, but their response of late seems to be a cop out. If you are having problems with the EEOC, call your Senators or U.S. Representative. I also encourage you to call the Tribune, Sun-times, AP or other news organizations. Until a group of people make clear what a problem this is it’s only going to get worse.

_____________________________________________________________________________

Follow up. We just got a call from someone who filed a wage claim with the Illinois Department of Labor. This person is owed a size-able amount and can’t pay his mortgage. He was told that there is at least a six month waiting period. The only ray of hope is that you don’t need the IDOL to do an investigation to get a private attorney to sue for you and win. You just need to be owed enough money to make it worth it.

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: eeoc "wrongful termination" Illinois "Chicago labor lawyer
Posted in Litigation | Comments Off

How to save money when you are paying a lawyer by the hour

Monday, September 21st, 2009

We got a call from a man who was being sued by his Chicago divorce lawyer over an unpaid bill. The caller, reasonably so, felt that the bill was too high for the work that had been done. Without going into the specifics of that case, here are a few tips that will hopefully save you money when you pay a lawyer by the hour. As a FYI those cases are usually family law, civil litigation, probate, employment law and some criminal felony cases, but this is good advice in any situation where you and an attorney have agreed that they are going to charge you an hourly rate.

1. If you call or e-mail six times, you can expect six separate billing entries. Try to save your questions for one call or e-mail. Even though a lawyer charges by the hour, most attorneys in Illinois bill in either 6, 10 or 15 minute increments. In other words, if you have a one minute phone call, you still get billed for talking for 6, 10 or 15 minutes. By calling six separate times you end up being charged at least six of these increments.

2. Ask for monthly billing statements. A lot of law firms, especially for family law, send out bills once a quarter or once in a blue moon when they get around to it. By getting a bill every month you can keep on top of what you are being charged for and reel it in if it’s getting out of control.

3. Don’t make friends with your lawyer. Spending time talking about the Cubs, Bears, your lawyer’s kids or anything else not related to the case costs you money.

4. Try to avoid hiring a lawyer that you have to pay for travel time. Do you really want to spend an extra $400 every time your lawyer is stuck in traffic?

5. Don’t be afraid to call an attorney out on something that doesn’t make sense. A lot of lawyers charge for one hour of court time minimum even if they are only in court on your case for five minutes and have three other cases up the same day at the same time. We see a ton of attorneys who will handle four cases in 30 minutes and then spend an hour just socializing. If you know that your case didn’t take very long and that the attorney was there for other reasons too, then question the bill you are getting.

6. Ask up front for estimates as to the total cost. Some lawyers will lure you in with a low retainer fee (up front payment), but then quickly ask you for more money. They can’t guarantee the total cost, but we find that most attorneys will try to stick near the estimate.

7. When providing documentation to your attorney about your situation, be organized, neat and concise. Instead of 50 pages of information, type everything up in to a neat document that quickly summarizes the important points. For example, if your attorney wanted to know what you earned the last six months, even if you provide paycheck copies, summarize it all in one place so you aren’t paying them to add up the figures for you.

8. As a friend of mine says, "forget the labor pains, show me the baby." In other words, when talking with your lawyer, get to the point. You can go on about your hurt feelings, anger or frustration for 30 minutes, but you will be paying for that. Instead, cut to the chase. If your baby mama is denying you visitation even though there is a court order, just say that. No need to add how mad you are because it was your grandmother’s 80th birthday and there was a special surprise for her that your son didn’t get to enjoy, etc. Take out the emotions and only discuss goals. It may not be natural or easy, but if doing so saves you a few thousand dollars then I think you’ll agree it’s worth it.

Tags: "save money on a lawyer in Chicago" "attorney fees" "retainter agreements"
Posted in Did You Know? | Comments Off

Injury cases in Illinois, lawyer location doesn’t usually matter

Saturday, September 19th, 2009

If you read our Illinois lawyer referral website or this blog, you’ll notice that we tell you if you are charged with a crime, going through a divorce or involved in a civil matter, having a local lawyer can be the difference between winning and losing. Often those cases are decided by the Judges and having an attorney in your corner who has a relationship with the Judge is a big deal. On top of that, you end up paying more for your attorney if they have to travel.

When it comes to injury cases like workers’ compensation, car accidents and medical malpractice or even situations like legal malpractice, getting a lawyer from out of the area is not only not a big deal, it’s common. Let us explain for each of those four areas.

Workers’ Compensation: The State caps attorney fees in these cases at 20% of what is recovered. So you don’t pay travel costs. Beyond that, workers’ compensation laws seem to change every day with new cases creating new law. As a result, we think it’s a good idea to hire a work injury attorney that has at least 75% of their practice (if not all of it) dedicated to representing injured workers. Unlike divorce and criminal law, in every county but Cook there are only a few days of work injury hearings before a Judge every month. As a result you will see lawyers that really focus on this area of law traveling from county to county. It’s not unusual for 90% of the lawyers in cases that are in Joliet, Wheaton, Woodstock or other area to actually be from Chicago. Even though they aren’t "local", these attorneys have the best relationships with the Judges.

Car Accidents: Most attorneys charge 1/3 of what they recover for you. So the cost is the same whoever you hire. Also, most of these cases settle without a lawsuit being filed. As a result, we strongly recommend that you hire a law firm that has a real track record of dealing with insurance companies. If a lawsuit does have to be filed, you should verify that they regularly go to your county. The attorney can be local or from out of the area. The number one issue in our mind is how much experience they have or are they really a jack of all trades type attorney.

Medical Malpractice: A lot of attorneys say that they handle these cases, but in reality there are very few that have tried more than a handful of these cases. Illinois medical malpractice lawsuits are very expensive ($50,000 to $150,000) to get through a trial and most law firms don’t have the financial resources to risk. If you have a catastrophic result from medical negligence, there are three important factors in hiring a firm: 1. Experience- How many malpractice cases have they tried and do they understand the medicine. 2. Track record of success- Can they demonstrate big wins in the past. 3. Financial ability to see this case to the end without asking the client for any money. Location of the lawyer is irrelevant. You will find that most of the successful medical malpractice law firms are in Chicago. This is because there are more Cook County med mal lawsuits than anywhere else due to our higher population.

Legal Malpractice: The reasons are the same as medical malpractice. An additional reason is that in some areas of the State, all of the lawyers know each other and can’t sue each other. That’s not a problem in Chicago, but we think finding a Peoria lawyer to sue another Peoria lawyer would be almost impossible. Just another reason to look out of the area.

Tags: "where can I find a lawyer" malpractice "car accidents" "workers compensation" "legal malpractice Chicago"
Posted in Injury Cases | Comments Off

I need to sue. How can I find an attorney that only gets paid if they win?

Friday, September 18th, 2009

People often delay in seeking legal advice because they think they can’t afford to pay attorneys’ fees. However, you can hire an attorney and pay nothing upfront in many cases. It isn’t just a marketing gimmick. It is a common practice (for certain types of cases) to charge the client nothing until the case is won.

So when can you expect to pay nothing upfront? Personal injury is the main example. This category includes medical malpractice, wrongful death, slip and fall cases, as well as car accidents and work injuries. Basically, if you’re suing for money (medical bills, lost wages, pain and suffering) you probably won’t pay your lawyer unless and until you win. This is called a contingency fee. It’s contingent on the outcome. If you win, you pay a fee out of the amount you receive. If you lose, you pay nothing. Contingency lawyers in Illinois take cases where they think in the end there will be money to pay them and it will be worth the wait.

Other cases in which you don’t always have to pay something up front include probate, where an attorney represents the executor of an estate and gets paid out of the estate at the end. Another example is debt collection, where you’re suing someone for the money they owe you. This assumes that the debt is big enough and the lawyer you hire thinks there is a good chance of winning and collecting. If you are successful, you would pay your attorney out of what you collect. Loan modification is another type of case where no up front fee is usually needed. While there may be a small processing fee, most of the time you won’t pay your attorney unless they are successful in modifying your loan. There are exceptions, of course, but for the most part you can expect to pay nothing upfront in these types of cases.

Additional cases that attorneys work on a "pay if you win" basis often include social security disability, overtime, illegal termination and commercial litigation.

Contingency fees generally are 1/3 of the amount won, either at trial or in settlement. Sometimes that fee is lower – in cases like medical malpractice or workers’ compensation – sometimes it’s higher. Contingency fee cases are a risk for an attorney. They might spend months or years on a case, as well as tens of thousands of dollars on things like experts, and end up getting nothing in the end. So, from an attorney’s perspective, the fee in these cases must balance out this risk. For clients, contingency fees level the playing field, giving everyone access to an attorney, regardless of what they could otherwise afford to pay.

In contrast, hourly or flat fees are generally charged in cases like criminal defense, estate planning (drafting wills and trusts), personal injury defense, business start-ups, divorce, child custody, and real estate matters. In fact it’s illegal to charge a contingency fee in cases like divorce or criminal defense.

Tags: "contingency attorney in Illinois" "law firm I pay if I win" overtime social security
Posted in Litigation | Comments Off

The most important thing to remember if you are charged with a crime: The Judge wants to go home.

Thursday, September 17th, 2009

Guessing that isn’t what you were expecting. The reality is, especially in Cook County or other locations in Illinois with big populations, there are more cases than most Judges and prosecutors can handle. This isn’t true for major felonies like murder, rape, armed robbery, etc., but it’s certainly true for traffic cases, retail theft, minor drug cases, etc.

In a typical week, most Judges have hundreds of cases that are on their docket. The great majority of these cases are handled by a plea bargain or an outright dismissal of the case. Can you imagine if 100 people were charged with DUI and all 100 said they were not guilty and wanted to go to trial? It would be absolute chaos.

So what typically happens is that if you hire a criminal attorney who knows the local prosecutors and Judges, unless there are unusual circumstances they will usually work something out with you, even if you are guilty. Way more often that not we see people who did commit a crime have their case tossed because they have the right attorney. This doesn’t always happen and if there is something unusual about your case – you have been convicted before, your case is in the paper, you hit a cop, etc. – it won’t happen without a lot of work.

Some people are arrested wrongly or unfairly and go to court out of principle. They want the Judge and others to hear their story. Some go with a lawyer and some are so convinced that they couldn’t possibly ever be convicted that they go at it alone.

There are times when these people do get to tell their story and a patient Judge dismisses the case and chides the prosecutor. More often than not the Judge won’t let you go off on a rant about what happened to you and will make you present your case within the rules of evidence. When you can’t do that, all of the sudden you are convicted.

Judges want to go home and are inclined to believe cops over you. If you have been arrested you can be convicted. If the prosecutor won’t work out a deal with you then you have to take the time to go to a hearing. But if the Judge knows that the prosecutor will basically let you off the hook and you won’t cooperate, they will likely be pissed off. Trust us when we tell you that they would rather be golfing than hear what you have to say.

This is another example of the reality of how the system works compared to how we might want it to work. But once you know how it works you are playing with fire if you try to change the rules.

Tags: "criminal defense lawyer Chicago" lawyer attorney
Posted in Criminal Defense in Illinois | Comments Off

Illinois laws- Five quick tips

Wednesday, September 16th, 2009

Every Wednesday we present five tips on Illinois law that are in response to common questions that we receive:

I lost my job in 2007 and stopped paying support. Now the State wants to suspend my license. Can I modify my support order from the time I lost my job? Unfortunately you can’t typically modify child support retroactively. That said, you need to get in to court ASAP to change the support order based on what you are currently earning. The longer you wait the more it costs you.

Took my dog to the vet. She was accidentally injected with the wrong drug and died. My dog was like a family member. Do I have a case for malpractice? Yes you likely have a case, but under Illinois law when a pet is hurt or injured from malpractice your damages are limited to the cost of the bills and the cost of replacing the pet. Illinois courts don’t recognize the emotional loss that you suffered.

I inherited $500,000.00 when my Dad died. I now want to divorce my husband. Can he get that money? Inheritances are not marital assets so as long as you didn’t "co-mingle" the funds that money is 100% yours.

Got into a car accident. The other insurance company is saying I could go to jail and have my license suspended if I don’t pay for the other driver’s damages. Is that true? Yes and no. You aren’t going to jail, but since Illinois law requires you to carry insurance, your license can be suspended and likely will be. If you had insurance at the time of the accident, report it immediately to them. If not, you may be at the mercy of the other insurance company and should get coverage right away.

I was arrested for felony drug possession and paid $1,000.00 to get out on bond. The Judge won’t give me a public defender and I can’t afford what the Chicago criminal attorneys want to charge. What should I do? You can’t pay your bond and get a public defender. You can take back the bond and wait in jail until trial or come up with a way to hire a private lawyer. We know it’s not a great option either way, but it’s reality. Beware of low cost attorneys that will just help you plead guilty.

Tags: "five tips" "public defender" "Cook County" inheritance
Posted in Five Tips | Comments Off

Illinois child support laws- you can be proven to not be the father and still have to pay

Tuesday, September 15th, 2009

Most people would assume that if you take a DNA test that proves you are not the father of a child that there is no way you could have to pay child support. That would make sense. It’s also wrong.

In Illinois if you have a child and sign a voluntary acknowledgment of paternity form and have it notarized, it is essentially the same thing as having a Judge say you are the Dad. Once you have properly signed this form you only have 60 days to rescind it. After that time is passed a DNA test could show you are not the father and you would still be on the hook for child support. There isn’t a family law attorney in Illinois that we know of that would tell a client to sign this form without a legitimate paternity test first.

If you are worried that the mother of your child might give them up for adoption you should register with the Illinois putative father registry. This is run by the Department of Children and Family Services.

We have seen situations where men have signed an acknowledgment of paternity and paid more than $100,000.00 in support for a child that isn’t theirs. The support continued even when they showed they weren’t really the Dad.

In general we think that "father’s rights" is just marketing used by family law attorneys; but this is one instance where most people would agree that if you are proven to not be the father of a child then you shouldn’t be on the hook for anything. At the very least we’d like to see it made clearer that if you do sign this form and you are not the father then it is too bad and encourage people to get paternity tests when they are not 100% sure they are the Dad.

Tags: "voluntary acknowledgement of paternity" Illinois
Posted in Illinois Family Law | Comments Off

Topics

Archives

Recent Comments: