Illinois Lawyer Referrals and Legal Guidance

Archive for October, 2009

Scarier than Halloween

Saturday, October 31st, 2009

To the credit of most people that contact us, we get very few "frivolous" calls from people looking for a lawyer. Here are some of the scary ones though. And in case you were wondering, none of them have a case:

-I’d like to sue the CTA because the train broke down making me late for a meeting.

-I want to sue the Judge because he was clearly biased and didn’t like me.

-My employer fired me just because I fell asleep on the job once. That’s not fair.

-I blew off my court date and don’t think it’s right that I have a warrant.

-I rear-ended someone at a stop light and want to sue them because I wasn’t paying attention.

-I want to sue my ex-husband for the pain and suffering of having to be married to him.

-We torched our car, but the insurance company doesn’t know that and still they won’t pay off our claim.

-I want to sue Oprah for the emotional distress she has created in me by feeling that I have to live up to the standards she has set.

Like we said, fortunately most of what we hear is legit and we certainly don’t know of any Illinois lawyer that would pursue one of these cases.

Happy Halloween!!! The pumpkin below was created by a friend and is called "Swine Flew". Note the thermometer in the pig’s mouth.

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: frivolous lawsuits
Posted in Litigation | Comments Off

Jackpot Justice??? Would you take the jackpot?

Friday, October 30th, 2009

Every time there is a debate about Illinois medical malpractice damages caps in the Chicago Tribune or anywhere else, someone surely rights in and talks about “Jackpot Justice” and how the people that have won these cases have won the lottery. Really?

If you look at the biggest settlements and trial verdicts over the years you will not find one victim that you’d trade places with in exchange for the money received. If the person didn’t die if they got something in the seven figures it was because they have brain damage, are paralyzed, lost a limb, were burned over their entire body. Jackpot!!! Uhm, no.

Recently a woman received $7 million dollars after faulty doors at Target smashed her, causing her brain damage. She requires 24 care. The parents of a severely brain damaged baby received $12 million for his care after a doctor failed to perform a C-section despite repeated requests and signs of distress on the fetal monitors. That payout was based on the estimated life-time care for the child. Those “lucky” parents of course can’t leave the house or take a vacation and life as they knew it is now over.

The only way you’d consider a traumatic injury case “lucky” is based on who the defendant is. The (unfair) reality is that if you are rear-ended by an uninsured driver and are paralyzed you get nothing, but if you are hit by a semi-truck you will have millions of dollars to go along with your loss of normal life and horrific pain. Unfortunately for the first person and taxpayers, when you are catastrophicaly hurt with limited or no insurance then you are stuck with Public Aid and a horrible situation gets even worse.

We can disagree about whether or not there should be limits on damages you should receive in lawsuits. But if there is someone out there who is willing to take the place of jackpot winning plaintiffs I have yet to meet them.

Oh and by the way, before you e-mail me with your thoughts on how I am wrong because some lady spilled hot coffee on herself at McDonalds and received millions of dollars for a small burn, save your energy. That’s not what happened. Here is what really happened in that case. Of course, the facts of what really happens don’t usually get reported after the sensational part of a story first comes out. One thing that link doesn’t tell you as well is that McDonald’s had the chance before trial to settle the case for $20,000.00 (plaintiff’s medical bills were $11,000.00) and refused to do so.

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: "Jackpot justice" "McDonalds Coffee Lawsuit" "personal injury"
Posted in Injury Cases | Comments Off

Probate in Illinois takes a minimum of six months

Thursday, October 29th, 2009

A nice caller was upset because the lawyers she had talked to a few lawyers that told her even though she was the only child of her deceased, unmarried father, it would be at least six months before the will could be finalized in the courts and likely at least one year.

"That is so frustrating and aggravating," she told us. "Where is the justice when I’m the only child and his will clearly states that everything goes to me?"

The reality is that probate Judges don’t know your unique situation so the law is set up to give everyone that may have a challenge to bring the opportunity to do so. In other words, there are tens of thousands of probate cases every year. A Judge can’t just trust that the first person who comes in to his/her courtroom is telling the truth.

So for the caller to our office, how is the Judge supposed to know that there isn’t another sibling or spouse that is around? How does the Judge know that the will you present isn’t a fake or wasn’t replaced at a later time by a new will?

The answer is that the Judge doesn’t know for sure. As a result we have a probate system in place. It states that once the will is filed it can not be officially approved until at least six months have passed since it was filed. This gives people time to come forward and contest it if they want to. It also allows any creditors tim to come forward (e.g. banks, credit card companies, nursing homes, etc.) and make any claims as to money they allege they are owed from the person that died. The reality is that because of these issues and the number of cases, most probate matters take at least one year.

If you want to avoid these potential time limit problems you can create a trust. A trust avoids the probate process altogether and allows you to transfer property almost immediately after someone passes away. Of course this can be challenged too, but as a beneficiary of the trust (e.g. someone that inherits money or property) you don’t have anything to file in court.

Tags: probate trusts "estate planning"
Posted in Did You Know? | Comments Off

Illinois legal advice: child support, junk texts, wills and more

Wednesday, October 28th, 2009

Every Wednesday we present five quick tips based on common or interesting questions that we receive.

I spend about 45% of the time with my two kids. Why do I have to pay 28% for child support which is the same as a parent who spends no time with their two kids? Unfortunately because it’s the law. We get this point and agree with it, but until the State changes the rules, whoever the Judge says is the primary custodian of the kids will get child support. Call your State Senator or Rep.

I am on workers’ compensation and noticed a car sitting outside my house for the last few days. Is it true that insurance companies will conduct surveillance on injured workers and is that legal? Yes it happens and yes it’s legal, although usually these companies have to register with the local police. Our advice is to just be honest. If your doctor says you shouldn’t be raking leaves and you listen then who cares if they are watching you.

My boyfriend was arrested for disorderly conduct. We live in California, arrest was in Chicago and his bond papers say he can’t leave the State. His job is in CA and he’ll lose it if he doesn’t come back. What should he do? The reality is that law is almost never enforced. Best advice is to get an experienced Chicago criminal defense attorney. They can talk to the prosecutor or Judge and get permission to travel for you.

My Dad died and had re-married. The only will he wrote was over 15 years ago after he divorced my Mom, but before he met the new wife. The step-monster is saying everything is hers. Does the will matter? Yes. The last valid will rules the day. If they had the house, bank accounts or anything else in both of their names then those things would go to her. Everything else goes by what the will says. That may not have been what he wanted when he died, but again the last will rules the day.

I have received texts from a clothing store promoting a sale. I don’t mind the junk mail as much as the fact that each time they do this it costs me money. Any options? Yes, if a company texts or faxes you without permission it is a violation of Federal Law. In fact the fines per text or fax can be pretty steep. This is a situation where you wouldn’t have to pay a lawyer unless they won and if you can prove they sent this without your permission then you likely will win the case.

Tags: "junk fax" "text messages" wills "workers compensation"
Posted in Five Tips | Comments Off

Federal criminal defense in Illinois is nothing like state criminal defense

Monday, October 26th, 2009

If you flip open the phone book or ask some of your friends, you will surely find a lawyer that says they handle criminal defense. That doesn’t mean that they are any good or right for you, but chances are that if you hire them it won’t be the first time they’ve handled a DUI, retail theft case or whatever you are charged with. Usually you don’t need this attorney until you have been arrested. In addition, for crimes like disorderly conduct, most misdemeanors and some felonies, there is a time limit (usually 18 months from the crime date) for how long the prosecution has to charge you.

If you arrested for a Federal crime, you almost surely won’t find the right lawyer by looking in the phone book or asking a friend.

Illinois Federal criminal defense attorneys are a unique breed. Most of the successful ones are former Federal prosecutors for the Department of Justice. They are familiar with the unique rules that apply in Federal Court (as compared to arrests like battery, theft, etc. that are brought by the State of Illinois and handled in the county where the crime occurred). They also are more likely to have relationships with the current prosecutors, Judges along with the FBI investigators. That last relationship is most important.

Unlike State charges, there is not a time limit for the FBI to arrest you. It’s not uncommon to see someone charged for a Federal crime that they committed years ago. The FBI takes their sweet time in building a case. If the Feds charge you, they usually do so when they believe they will win and they typically are going for jail time, even if it is your first offense.

An experienced Federal crime lawyer helps his client based on his FBI relationships. He gets ahead of the case with the goal of talking to the FBI before the client gets arrested. It’s important for a lawyer to talk, not the client because anything the client says “can and will be used against” them.

Since many cases are subject to interpretation (e.g. if someone is charged with a financial crime of bilking investors) and if you arrested when you are innocent, the bad publicity will ruin you no matter the trial result. Even for cases like child pornography, you are best served by having your lawyer talk to you compared to the Feds knocking down your door at 6 a.m., waking all the neighbors and having your name splashed throughout the papers.

Over the years we have seen many criminal attorneys tell their clients that they don’t need to do anything until they are arrested. That may be true for a local crime, but for a Federal crime that is flat out wrong. By getting ahead of the game you give yourself a chance to avoid an arrest. If you are guilty you give yourself the best chance or minimizing what happens to you. It’s not uncommon for people who could be charged with a crime come forward, cooperate and then get an offer of immunity in exchange for their testimony.

If you have any reason to believe that you might be under a Federal investigation you should do three things: 1. Don’t talk to anyone. 2. Find a lawyer that actually demonstrate experience and success on the Federal level. We don’t recommend any Federal lawyers that don’t have at least 15 years experience. 3. Act as fast as reasonably possible. The more time you give them to charge you, the more likely is that it will happen.

Tags: "Federal criminal defense" FBI "child pornography"
Posted in Criminal Defense in Illinois | Comments Off

Looking for an Illinois uncontested divorce attorney? Are you sure?

Saturday, October 24th, 2009

The divorce process sucks. We’ve never heard anyone finish a divorce and say that it was a great experience. That said, if it can be amicable then you’ll be as happy as you can possibly be in a divorce.

Because people want an amicable divorce or because they want it to be quick and cheap, we often get a call that says something like "I’m looking for a Chicago uncontested divorce lawyer." Unfortunately people are confused about what uncontested really means.

Uncontested divorce means that If you and your spouse agree on EVERY issue. It doesn’t mean that you both want a divorce, but instead means that you have agreed literally on everything. If there are kids you have agreed on custody, child support, visitation, payment for medical bills, how they will be raised religiously, who gets to make medical decisions, where they will go to school, etc. If you haven’t agreed on all of that it’s not uncontested.

Uncontested also means that you have agreed 100% on how to divide all of your assets, all of your debts, what to do with retirement accounts, who gets the pets, how to handle the sale of a home or a lease for an apartment, who gets the furniture, what to do with wedding gifts, who gets the car, who is going to pay the court filing fees, etc. If you haven’t agreed on all of that it’s not uncontested.

We strongly believe the best divorces are ones where you have worked out every issue on your own. Unfortunately for most people, if you had that good of communication you probably wouldn’t be headed for divorce. If you just get a divorce, but haven’t addressed all of these issues you aren’t still married, but that doesn’t mean the case is over. This is especially true when children are involved.

A lot of people make verbal agreements on these issues, especially when it comes to visitation and custody. "My ex and I agreed that I could see the kids whenever I want" is a common statement that we hear from people. We usually hear this when they can’t see the kids because they have a new significant other that the ex doesn’t like. If in the original case they had a court order for visitation and custody this wouldn’t be an issue. But because the agreement was verbal it means that there is no legal agreement and you have to get back in to court.

An amicable, uncontested divorce is great in theory. A divorce where an attorney helps you sort through all of the issues you need to think about and makes sure a Judge rules on those issues is more realistic and a better plan for the long run.

Tags: "uncontested divorce" "Cook County" "family law"
Posted in Illinois Family Law | Comments Off

You should demand customer service from your attorney

Friday, October 23rd, 2009

Have you ever gone to the doctor for a 2:00 p.m. appointment? They tell you to show up 15 minutes early so you can complete paperwork. You do so and then you wait. And wait. And if you are lucky, at 2:30 p.m. they will put you in an exam room. And maybe by 3:00 p.m. the doctor shows, talks to you for three minutes and then leaves.

Why do you do that? Because you don’t think you have a choice and you are probably right about that. When you hire an attorney things should be different.

If your lawyer doesn’t return your phone calls it’s a big red flag. I’ve never understood how an attorney can go more than 24 hours without calling someone back. Even if you are busy you can have your secretary call back and schedule a time to talk.

If your lawyer promises you that they will provide some documents on Tuesday and three weeks later you still don’t have them, it’s a big red flag. This is why you hire them.

If you schedule an appointment with them and you are in their waiting room for an hour, unless they’ve explained that some emergency has come up then it’s a big red flag. If they are arrogant like a doctor and assume that you will just accept waiting you shouldn’t take it.

There is no such thing as the "best lawyer in Illinois" and if you are having customer service problems then you likely haven’t found the best attorney for you. The good news is that there are more than 60,000 licensed lawyers and in most cases you can usually find a better one. Hopefully you do it before it’s too late.

Tags: "customer service" lawyers "can I switch attorneys"
Posted in Did You Know? | Comments Off

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