Illinois Lawyer Referrals and Legal Guidance

Archive for January, 2010

Illinois legal malpractice lawyers: It can be hard to find one, but it’s not impossible

Friday, January 22nd, 2010

If you’re looking for an attorney to sue to take on a legal malpractice case, you may be having a hard time. This is because (1) not a lot of lawyers practice in this area and (2) those who do are picky about the cases they take.

There aren’t tons of legal malpractice lawyers out there, and those who exist don’t always advertise it. Some are more focused on medical malpractice or personal injury. Some may be worried about damaging their reputation because they go after other lawyers. We’re not sure the second reason is a good one – if someone is harmed by the malpractice of a lawyer, there’s nothing wrong with seeking compensation.

Even if you find a lawyer who does legal malpractice, they may turn down your particular case. Attorneys who take legal malpractice cases do so on a contingency basis, meaning they only get paid if they win the case. This is why they are picky about the cases they take – they need to win the case in order to get paid and cover the costs of pursuing the case. (The costs are generally paid by your attorney upfront and they can be high.)

Legal malpractice cases are difficult to win because of what you have to prove. In order to succeed you have to prove that you would have won your original case if your attorney hadn’t been negligent. This is tough to do. You also have to show what you lost as a result. This can be easy in a car accident where you were seeking medical bills. But if it’s a custody case, how can you say what that is worth?

We know some excellent attorneys out there who take on legal malpractice cases. If you think you have a case, don’t give up. If you need a recommendation, give us a call. 1-800-517-1614.

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: Chicago, Illinois, lawsuit, legal malpractice
Posted in Litigation | Comments Off

Prostitution really is the oldest profession

Thursday, January 21st, 2010

From the Chicago Sun Times:

A 63-year-old woman was charged with prostitution after being arrested last week at a northwest suburban massage parlor.

Buffalo Grove police received an anonymous tip that “something was going on” at a massage parlor at 1105 Weiland Rd., according to Cmdr. Steve Husak. A business called the GQ spa is listed at that address, according to an online directory.

» Click to enlarge image

Sixty-three year old Myeong Hi Lim has been charged with prostitution.

An investigator was sent to the massage parlor on Jan. 13, and Myeong Hi Lim, 63, who worked there, was arrested and charged with prostitution, a Class A misdemeanor, Husak said.

Lim, of Arlington Heights, was scheduled for a hearing at courthouse in Waukegan on Feb. 2, he said.

The massage parlor is known to law enforcement. A similar arrest was made there in 2006, Husak said. In that incident a 51-year-old woman was arrested on a prostitution charge.

Posted in Criminal Defense in Illinois | Comments Off

Who is the right Illinois lawyer for my case? Think about your doctor.

Thursday, January 21st, 2010

So what do doctors have to do with figuring out who the right attorney in Illinois is for your case? Think about how you would choose a doctor if you had a problem. If you needed back surgery would you trust your spine to someone who mostly operates on elbows and shoulders? If you were undergoing cancer treatment would you ask your internal medicine doctor to call the shots?

Of course you wouldn’t. It’s not that these doctors couldn’t do the job, it’s that they don’t give you the best chance of success. Same holds true for picking the right lawyer. If your divorce lawyer also wants to handle your car accident case and your job injury plus your DUI, it’s a bad sign. He might be able to do a good job for you, but wouldn’t you be better off with a divorce attorney that does nothing but divorce and a different attorney for your other areas of concern? It might be easier to work with one firm for everything, but that doesn’t give you the best shot of getting what you want.

It’s not uncommon on TV or in the movies for someone to say “I’m going to call my lawyer.” Who “has a lawyer”? It really makes no sense. The person you call should be based on the situation, not based on whether or not you have used that person in the past. You wouldn’t run to your chiropractor for help the day you got diagnosed with meningitis. You shouldn’t run to your DUI lawyer the day that you need to write a will.

Tags: "Illinois lawyers", Chicago attorneys
Posted in Did You Know? | Comments Off

Illinois attorney guidance- bossholes, expungement and more

Wednesday, January 20th, 2010

Every Wednesday we like to give five quick tips that answer common questions we get.

My boss screams, yells and is just mean. Can I sue for harassment? Unless it’s based on your age, race, religion, etc. in Illinois you can’t sue because someone is a jerk.

I have a conviction on my record for retail theft and marijuana possession. Can they be expunged? No, in Illinois if you have more than two convictions on your record you can’t expunge or seal any. Your only option is a pardon which is a long shot.

My ex owes me $5,000. Can I garnish their wages? You have to sue first. Until you get a judgment garnishing wages is not an option.

I work in Chicago, but got injured on business in California. Can I file an Illinois work injury case? Yes as long as you were hired in Illinois or you mainly work out of Illinois.

Is child support based on gross pay or net pay? Net pay. e.g. after taxes and other mandatory deductions.

Tags: child support, expungement, work injury
Posted in Five Tips | Comments Off

Issues with child support, custody, visitation? Get into court

Tuesday, January 19th, 2010

Our advice in this area of law is often the same: Get into court. Without a court order, it’s hard to solve these problems. This is especially true if the parties disagree, can’t communicate, or just refuse to work together because the situation is so out of control.

If your ex-girlfriend won’t let you see your child, get into court. You need to establish paternity and ask for a visitation schedule. If your ex-husband agreed to pay support but then changed his mind, get into court. Without a support order, there is nothing for a judge to enforce. If you agreed to let your child spend the weekend with your ex-spouse and you can’t get them to bring your child back home, get into court. When you have a court order, you can call the police if there is a violation and hopefully get things straightened out quickly.

This really is your only option in most cases. It’s not always easy or cheap, but without judge’s order, you can’t force the other party to do anything. Even if you had an informal agreement that worked for years, you need a judge to sign off on it. Agreements reached outside of court don’t mean much at all.

We can’t guarantee that a court order will solve all of your problems, but it’s a good way to establish your rights and get things under control.

Tags: Chicago, child support, custody, divorce, paternity
Posted in Illinois Family Law | Comments Off

“Why can’t I find a Chicago medical malpractice lawyer?”

Monday, January 18th, 2010

This reasonable question came from a recent caller. It also has a reasonable answer. Attorneys don’t take every case that comes in the door, not even when it comes to medical malpractice. The myth is that these cases are worth a lot of money, however many of them aren’t worth much at all. Here are some reasons why.

Bad result, but no negligence

Just because you were injured while being treated by a doctor doesn’t mean you have a medical malpractice case. To be successful you need to prove negligence. This means that the healthcare provider fell below the standard of care. For example, if your doctor prescribed a medication and you had a severe allergic reaction, you may not have a case. Unless the doctor knew, or should have known, about your allergy, then they weren’t negligent and there probably isn’t any liability on their part. The same is true for side effects of a surgery, medication or other treatment. A bad side effect, even if it causes injury, isn’t necessarily negligence. This is generally true regardless of whether the doctor warned you about the particular side effect you experienced.

No significant, permanent injury

Take the same example above. Let’s say the doctor knew you were allergic, and it was written in your chart, but they gave you the medication anyway. If you have a severe reaction but later recover, you’ll have a hard time finding an attorney to take your case. Even if your reaction to the medication was life threatening, if it didn’t cause any permanent damage you probably shouldn’t waste your time suing. Medical malpractice cases are expensive for attorneys to pursue – they pay all the costs upfront, including fees for medical experts. So unless you have a significant and permanent injury, an attorney may turn down your case, even if the negligence is clear.

An elderly victim

Same example. Let’s say an 85-year-old man was suffering from an aggressive form of cancer. While in the hospital, the doctor prescribes a medicine despite a known and documented allergy. If the man dies as a result, many attorneys would turn down the case based on his age. Even though there was negligence, and the outcome was obviously permanent, you would have a hard time recovering much in damages. This is because the value of the case is low – you have an elderly man with a poor quality of life due to his serious illness. It’s sad and unfair, but it’s a reality in medical malpractice.

A lot goes into determining whether you have a medical malpractice case worth pursuing. You may not have a case, but don’t make an assumption. An experienced medical malpractice attorney is in the best position help you make such an important decision.

Tags: "medical malpractice", Chicago, wrongful death
Posted in Injury Cases | Comments Off

Need a lawyer that only get paid if they win?

Friday, January 15th, 2010

If you are looking for a lawyer that only gets paid if they win, what is typically important is the type of case, not the preference of the attorney as to how they will get paid. If you have a personal injury case – medical malpractice, car accident, wrongful death, slip and fall, workers’ compensation – you can generally expect to pay nothing upfront. Most attorneys in these areas charge on a contingency basis, meaning you don’t pay unless you win.

Personal injury isn’t the only area of law where contingency fees are the norm. You’ll see contingency fees in some probate cases, especially if you’re contesting a will, debt collection cases if the debt is significant, employment cases like wrongful termination or overtime disputes, loan modification (although there may be a small processing fee), and commercial litigation.

On the other hand, you’ll pay either hourly or a flat fee in these types of cases: estate planning (drafting wills and trusts), setting up a business, personal injury defense, criminal defense, real estate, divorce and child custody.

Why the different types of fees? If you’re suing for money (in the form of “damages” – medical bills, lost wages, pain and suffering), you’ll give your lawyer a percentage at the end if you win. If there’s no lump sum waiting for you (and your lawyer) at the end of the case, then a lawyer is going to charge you separately and probably require a retainer upfront. A retainer is where you give a set amount to the attorney and they take an hourly fee out of the retainer as they work on your case.

So when it comes to the fee arrangement, it’s not up to the attorney as much as it depends on what type of case you have. There are exceptions of course, and in some situations the type of fee is negotiable. However, contingency fees are not permitted for representation in criminal defense or family law cases.

So how much is “no fee upfront” going to cost you in the end? Generally 1/3 of what you recover. Sometimes the law sets the amount lower – workers’ compensation is one example. Other times attorneys are permitted to negotiate the fee higher.

Regardless of what type of fee you are paying, ask questions and make sure you understand the terms of your fee arrangement before your attorney gets started on your case.

Tags: car accidents, contingency lawyers in Chicago, personal injury, probate
Posted in Litigation | Comments Off

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