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Illinois Lawyer Referrals and Legal Guidance

Archive for March, 2010

Illinois attorney advice on lawyers you shouldn’t hire

Wednesday, March 31st, 2010

Every Wednesday we offer five legal tips based on questions we have received from readers.  In honor of April Fools Day tomorrow here are five signs that the law firm you are thinking of hiring is a joke:

1. They don’t let you actually speak with an attorney-  There are a handful of law firms that have paralegals and secretaries do most of the work and don’t let you even meet with a lawyer unless the case is going to court.  That may be efficient for them, but if you don’t have the chance to have at least a phone conversation with an attorney before you commit then don’t be surprised if you are disappointed in their work once you hire them.

2. They have catchy marketing slogans and not much else- It’s great to talk about being a “father’s rights advocate” or a “really aggressive”  law firm, but if you don’t have the track record of success behind it, it means nothing.

3. They’ll take EVERY case you have- Would you hire a cancer doctor who also does knee surgery and delivers babies?  Neither would we.  If you go to a lawyer for a DUI, ask them if they’d do a loan modification and a slip and fall case and a real estate closing and a child custody battle.  If they’ll do more than two it’s a bad sign.

4. They just graduated from law school and right away they started their own firm- Sure they have the license to practice and maybe they are cheaper than experienced attorneys, but any honest lawyer will tell you that you learn by trial and error.  Why should their errors be on your case?  How can a new lawyer demonstrate a track record of success or relationship with a Judge? We never recommend an attorney who hasn’t been in practice for at least five years, usually ten.

5. They treat you lousy even before you hire them- Do you have any friends that are in crappy relationships, but think that things will be better when they get married?  Have you ever seen someone who is treated like dirt while dating suddenly have a spouse turn in to the greatest thing since sliced bread?  Of  course you haven’t.  If a law firm doesn’t return your calls or talks down to you before you hire them, don’t expect things to magically get better once you are officially on board.

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.

Did you hear about the guy that represented himself at trial and won millions?

Tuesday, March 30th, 2010

Neither did we because it hasn’t happened.

They say that an attorney who tries to represent themselves has a fool for a client.  At least the attorney should have some basic knowledge of how the legal system works.  If you are a non-attorney and try to go at it alone you are asking for trouble.

We were reminded of this fact the other day when we read about a guy that insisted on representing himself on a murder charge.  He probably had a lot of “great” ideas in his head about taking on the system or thought the Public Defender was against him.  I’m guessing that he would have been guilty even if he had an attorney, but not having one certainly sealed the deal.

We see a lot of people that think some attorneys are on the take and assume that is why that can’t find an attorney.  Believe us when we tell you that is not the reason.  If you were hurt in a car accident and went to five firms that turned the case down, there is something wrong with your case.

Sometimes people have to represent themselves because they can’t afford it or no one will help them.  If that is your only option we encourage you to seek any help that you can find because we have seen countless people screw up their case by filing the wrong motion or not following certain rules.  But if you have the ability to hire an attorney you should do so as not having one greatly increases your chances of a bad result to the case.  Judges are supposed to hold non-attorneys that appear before them to the same standards as lawyers so the Judge won’t give you any breaks.  It’s not impossible to win on your own, but it’s also not probable.

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.

16 Celebrity Misdiagnosis Cases and How it Changed Their Lives Forever

Monday, March 29th, 2010

Suzanne Somers, Actress

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Suzanne Somers revealed that late last year (November 2009), six doctors told her that she had “full-body cancer” and that it was inoperable. This terrified the actress, who had had breast cancer back in 2001 and had undergone lumpectomy, radiation therapy and alternative treatments to cure it. It turned out that the “full body cancer” wasn’t true; there was nothing wrong with her.

As a result of that scare and her consultations with doctors about treating cancer, Somers has now written a book – “Knockout: Interviews with Doctors who are Curing Cancer and How to Prevent Getting it in the First Place” – that is causing controversy in the medical field.

Kylie Minogue, Singer

Kylie Minogue - Credit: Doug Meszler

In 2005, a doctor gave singer Kylie Minogue the all clear after she went to see him and had a mammogram before going on her Showgirl concert tour. She was told that nothing was wrong, that she was perfectly healthy, and that she did not have breast cancer. It was a couple of weeks later, after she found a lump on her breast and consulted a different doctor, that she was told she did have breast cancer.

Minogue said: “I had just had a mammogram and they didn’t find anything and a couple of weeks later I found a lump. You must follow your intuition and if you have any doubt go back again.”

Mariana Bridi da Costa, Miss World Finalist

mariana-bridi-da-costa

A Miss World finalist had to have her hands and feet amputated after doctors misdiagnosed her with kidney stones. Brazilian model Mariana Bridi da Costa, 20, contracted an infection in 2009 that wasn’t kidney stones but a rare and deadly urinary disease caused by the bacteria pseudomonas aeruginosa. The infection rapidly spread to her blood and caused septicaemia in her limbs, cutting off circulation and necessitating amputation. Doctors had to remove part of her stomach and both kidneys as well. Bridi eventually died, one month after the amputation. At the time of her death the beauty queen was in talks with several big modelling agencies who were interested in signing her.

A doctor who published an article on the disease in The New England Journal of Medicine has said that very little is known about pseudomonas aeruginosa, but that it ranks number ten in among the leading causes of death in the United States.

Bob Barker, celebrity host

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Bob Barker, host of the game show The Price Is Right for 35 years, was initially diagnosed with exhaustion but later on found to have a blocked artery that was impeding the flow of blood to his brain. He underwent carotid surgery which went so well he was able to return to work within the month.

Bailey, son of Scott Baio, actor

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One day after actor Scott Baio and his wife Renee Sloan brought their baby Bailey de Luca home from the hospital, they were informed by doctors that their baby was found to be positive for GA-1 or Glutaric acidemia, type 1, a rare metabolic disorder that could be potentially fatal. The disease, which is a rare inherited condition, is characterized by the body’s inability to break down proteins properly. This results in the buildup of harmful substances in the body could cause damage to the brain, seizures, mental retardation, and even death. The disease occurs in 1 out of every 30,000 to 40,000 people.

After ten weeks of testing, doctors finally pronounced that the initial test had given a false positive and that baby Bailey was in fact completely healthy. Scott and Renee Baio have since established a foundation that aims to propagate awareness of the importance of expanded newborn screening and help raise funds to support children and families affected with organic acidemia metabolic disorders.

Kerry Katona, singer

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Former Atomic Kitten warbler and reality star Kerry Katana was told in 2007 that she had suffered a miscarriage while carrying her fourth child. The singer had experienced some bleeding and had rushed to the hospital. After going back to the hospital for further examination, it was found that she was still pregnant and the baby’s heart was still beating. Doctors attributed the mistake to Kerry’s bleeding and being only five weeks and not seven to eight weeks pregnant.

Jade Goody, British reality star

jade-goody

Jade Goody, who starred in the UK’s Celebrity Big Brother show, was told that she was just having period pains and was given pain killers for it. It turned out that she had cervical cancer and she was told while on location in India to film the Indian version of the reality show, Big Boss 2, that the cancer had spread.

Goody had been to see doctors four years before for bleeding and feeling unwell, and said that even back then several doctors had misdiagnosed her illness as caused by slimming pills and laxatives. The actress was correctly diagnosed by and was under the care of the doctors at Marsden, who couldn’t comprehend how the tumor could have been missed by those doctors. Jade died on Mother’s Day in 2009, losing a battle that could have been won had she been diagnosed correctly four years ago.

Estelle Getty, actress

estelle-getty

Estelle Getty was an actress, appearing in the movies Tootsie (1982) and Mask (1985). She played Sophie Petrillo in the comedy series The Golden Girls (1985). Estelle was misdiagnosed with Parkinson’s Disease back in the mid 1990s. Years later she was misdiagnosed again, this time with Alzheimer’s disease. Eventually, years later, the correct diagnosis was given – Lewy Body Dementia, a disease with similar symptoms to both Parkinson’s and Alzheimer’s diseases. Getty passed away in 2008.

Celine Dion, singer

Celine Dion - Credit: INFphoto.com

Celine Dion, who has been undergoing in vitro fertilization (IVF) in an attempt to get pregnant, was diagnosed by her doctors that she was pregnant with her second child, according to her husband Rene Angelil. Days later, however, the doctors took the pronouncement back, saying that the embryos transferred were not successful. The couple’s first son Rene-Charles, now 8 years old, was conceived with the help of IVF after six years of trying, and Celine had had her embryos frozen in liquid nitrogen for future attempts.

Fran Drescher, actress

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For two years, Fran Drescher was misdiagnosed by seven different doctors and given the same pronouncement – that she didn’t have cancer and it was probably perimenopause. This in spite of her suffering continuous bleeding in between periods which, to her, seemed like a case of classic uterine cancer. She was given different treatments, none of which worked. She was finally correctly diagnosed with Stage 1 uterine cancer after the eighth doctor performed a D&C and biopsy. Fran underwent radical hysterectomy and considers herself lucky that she was diagnosed correctly in the early stage of the disease.

Mother of Yasmeen Bleeth, actress

yasmeen-bleeth

Yasmeen Bleeth, model turned actress who gained worldwide fame for her appearance in the television series Baywatch, did not have cancer but her mother did. In fact, her mother’s cancer was initially misdiagnosed by a doctor as signs of early menopause.

Today Yasmin is a spokesperson for the Susan G. Komen Breast Cancer Foundation.

John Ritter, actor

john-ritter

John Ritter’s death in 2003 took the world and his fans by surprise. What was even more shocking was the family’s allegation that he had been misdiagnosed by the doctors at the Providence St. Joseph Medical Center in Burbank, California, where he was brought for treatment. The doctors had diagnosed his condition as a heart attack and failed to see his aortic dissection and provide proper treatment for his torn aorta, which eventually led to his death. The family settled with the hospital out of court for an undisclosed sum.

Julie Andrews, singer/actress

julie-andrews

Even wonder why the great Julie Andrews – well known for her singing in the movie classics My Fair Lady, Camelot, The Sound of Music and Mary Poppins – stopped singing? Blame it on misdiagnosis, again. The singer, who is one of the very few in the world with an incredible vocal range of four octaves, underwent surgery to remove some non-cancerous nodules on her left throat in 1997. The surgeon operated on both sides of her vocal cords when there was no reason to operate on the right side. The surgery caused the end of her singing career. Julie sued and the doctor settled in 2000.

Nicole De Huff, actress

nicole-de-huff

Nicole, who was part of the comedy series Meet The Parents, died after being misdiagnosed twice by two different medics. Famous for being smashed in the face with a volleyball spiked by Ben Stiller in the comedy, Nicole went to two different hospitals for two days complaining of a cold and difficulty breathing, but was sent home and told to take Tylenol. She was taken to the Hollywood Presbyterian Medical Center after collapsing at home, where she was correctly diagnosed with an aggressive form of pneumonia that leads to staph infection and cardiac arrest. She died the next day.

Halle Berry, actress

halle-berry

Actress Halle Berry was diagnosed with Type 1 diabetes by doctors in 1989. In 2005, Berry claimed that she had weaned herself off insulin and would now like to place herself in the Type 2 category. Medical specialists have taken to the media bashing Berry for this, because they say that first, Type 1 diabetes is incurable; second, if she were really a Type 1, stopping the insulin would be tantamount to suicide; and three, she is probably either confused, misdiagnosed, or has been a Type 2 all along.

Jenny McCarthy, actress

jenny-mccarthy

Actress and model Jenny McCarthy’s son Evan was two years old when she found him foaming in the mouth and his eyes rolling back as he lay in his crib. She rushed him to the hospital, where he was diagnosed with epilepsy and given seizure medication. The medicine’s effect on her son worried her – he would hallucinate, bang his head against the wall, and didn’t recognize her. To find out what kind of effect the medicine had, she tried drinking it and felt, in her own words, like Ozzy Osbourne – off balance, drooling, her speech slurring. A Los Angeles neurologist afterwards diagnosed Evan of autism and took him off the seizure medicine. McCarthy has since claimed that she has been able to heal her son from autism by changing his diet. Doctors, on the other hand, say that McCarthy’s son was probably misdiagnosed from the start and that his symptoms are more consistent with a rare disorder, Landau-Kleffner Syndrome, than autism.

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.

The real March Madness- Divorce filings in Illinois

Friday, March 26th, 2010

Times are tough economically for just about everyone.  But you know what happens this time of year?  People get their tax returns and while they used to take that money to buy a big screen TV or take a vacation, it’s been amazing to me how many people have been waiting for that refund to get a divorce.

Whether it’s amicable or not, a divorce costs a decent amount of money.  Most family law attorneys we know in the Chicago-land area won’t start a case for less than $2,500 up front.  Heck, most counties charge at least $300 as a filing fee for the privilege of going through this process.

In January we heard from countless people whose New Years resolution was to get out of a crappy marriage.  Now that they have the money to do it, many people are making it happen.  It will be interesting to see if any statistics are published for the number of divorce filings in March and April.  But I’ll bet you that it’s through the roof, especially compared to other months and past years.

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.

Illinois criminal law firms- Defending a murder charge

Thursday, March 25th, 2010

Most attorneys that handle criminal cases can take anything that comes through the door.  The more serious the charge, the less likely it is that the attorney has handled a similar case.  Just about every criminal lawyer we know has handled tons of retail theft charges, but only a select few have real experience with something more serious like rape.  And even fewer can demonstrate real experience with murder or homicide charges.

There are a few reasons so few attorneys can demonstrate actual experience with murder cases.  First, there are probably less than 1,000  murder charges every year in Illinois.  Second, many people who have these charges can not afford a lawyer so they get a public defender.  Third, not every attorney has the stomach to deal with such serious issues.  Fourth, murder cases take up a lot of time with the usual case taking two to three years before it is over.  Not every attorney wants to devote that much of their time to one case.

If you are thinking about hiring a private lawyer to fight a murder charge you should know that the attorneys to choose from are really a select few.  You certainly wouldn’t want to risk possible life in prison by hiring someone who has never handled a similar case.  Beyond that, we don’t know of a murder defense attorney that will handle a case without at least $20,000 up front.  You can probably expect that the total cost will be close to $50,000 or more.  These cases are so expensive simply because of the amount of work that must be done.

If the costs of hiring a lawyer are too much for you, you are way better off with a public defender (court appointed lawyer) than hiring an attorney on the cheap who has no real experience with such complex cases.  That’s probably a scary and frustrating thought, especially since many public defenders are over-worked and don’t deliver any level of communication.  But it’s the truth and something you need to know before the case is over because once you lose it’s an almost impossible situation to get things reversed.

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.

Illinois attorney advice- statute of limitations

Wednesday, March 24th, 2010

Every Wednesday we provide five legal tips based on questions we’ve received from readers.   Today’s tips are about the statute of limitations which is how long you have to file a particular type of a case.

1. Workers’ compensation- The time limits to file are the later of three years from the date of your accident or two years since the last payment of compensation related to your claim.  Payment of compensation can include group health insurance that has covered your injury if your employer has contributed to it.  There is also a rule that says your  employer must get notice of the injury within 45 days of it occurring.

2. Medical malpractice- There are tons of exceptions, but generally it’s two years from the date you knew or reasonably should have known that malpractice might have occurred, but no more than four years from when it happened.  In other words, if a doctor messed up five years ago by leaving a sponge inside you during surgery you are out luck.  If you are under 18 when it happened you have up to 8 years to file, but not later than your 22nd birthday.   If your case is against a State or County run facility the time limit may be as short as one year. 

3. Contract case- Generally it’s ten years from the breach on a written contract, five years on an oral one although oral contracts are difficult to prove.

4. Legal malpractice- Two years from when you knew or should have known it happened, no more than six years from the date of occurrence.  There are some exceptions based on a lot of things that are too long to explain.

5. Criminal cases- With exceptions for major cases like murder, the State has three years to charge you from the date you committed a felony and 18 months from the date you committed a felony.

Bottom line for all areas of law is the sooner you look in to it the better.  Nothing is worse than having a valid claim and losing your rights to pursue it because you waited too long.

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.

What does the “Soup Nazi” have to do with getting arrested in Illinois?

Tuesday, March 23rd, 2010

Unless you were living under a rock in the 90′s, you know who the “Soup Nazi” is.  The general gist in his restaurant was that he was clearly in charge and if you did anything to disrupt the system it was no soup for you!  Elaine didn’t like the advice that she should just go through the line and act as normal and passive as possible and she got burned for it.  In other words, she stood out from the crowd and lost.

If you get arrested for a misdemeanor a felony, it’s possible that if convicted you will go to jail.  If that is the case, you need an Illinois criminal defense law firm in your corner.  The best type of lawyer for those cases is not only well connected and experienced, but also will prevent you from standing out.  For almost every misdemeanor and most felonies, there is your case and hundreds others just like it.  If you go to the court at Belmont and Western on any given day, you will see what I mean as there are scores of people charged with similar things.  The prosecutors and Judges don’t have time to take every case to trial so if you get an attorney that knows what they are doing, you can usually make your case go away if you don’t stand out like Elaine.  So how do you stand out?

- Doing any talking.  Even if you are in the right, no one cares.  Sad but true.  The prosecutor and Judge just want to make it through the high volume of cases.  If you want to give a  speech you are asking for trouble.

- Dressing flashy.  Wear a hat or shorts or lots of bling and the Judge will notice.  And he won’t like it.  The Judge, in case you didn’t realize, is the Soup Nazi.  It’s his/her room and they make the rules.  You are best served by either looking just like everyone else or nice than everyone.

- Having a case in the papers.  Think of the guy that ran on the field at Comiskey Park and tackled the umpire.  If your case is being followed by reporters it will be much harder to sweep it aside like all the other cases.

- Showing up with an attorney that has no relationships at the court where your case is being heard.  They might be able to help, but generally speaking, prosecutors will work more with attorneys they have to regularly deal with.   It’s a fact.

Because it was TV, Elaine won in the end.  In real life you don’t win by being Elaine.  You win by being like the nameless extras in line behind her.  If the Judge or prosecutor is thinking about you at all it’s just not good for you.

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.


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