Every Wednesday we offer five legal tips based on questions from recent callers.
I read on your website that getting a lawyer that knows the prosecutor can make a huge difference. Is that really true? How do I know that he won’t sell me out?
No lawyer we know (recommend) makes a living by selling out their clients. The reality is that success in criminal defense is a lot like success in life; who you know is often as important as what you know. Case in point is a guy who came to us recently and had hired an out of town attorney on a burglary case because he didn’t want someone who was going to sell him out to the Cook County prosecutors. His lawyer got him an offer of 12 years in jail and the prosecutor said that was the best they could do. Within five days of hiring the attorney we suggested (who used to be a prosecutor in Cook County and was the supervisor of the current prosecutor on the case) the offer got reduced to only two years. The client was thrilled and the success was all because of the attorney he hired.
I went to the doctor for a colonoscopy and he punctured my colon. I get that is a risk of the procedure so I don’t have a medical malpractice suit, but why do I have to pay this bill?
It’s a good question. If you took your car to a mechanic for an oil change and they end up blowing the engine, you wouldn’t pay for it. Doctors tend to get away with it. You could tell them to sue you and if they do you can make your argument. It’s not been done that we know of, probably because of the cost involved in fighting it. But someone has to be first.
If I have been offered a settlement on a workers’ compensation case and want to get more, does the lawyer I hire get paid on the total offer?
No, they typically only get paid based on what they get on top of what was already offered, although that fee can be as high as 50% of what is additionally recovered. That said, many lawyers won’t touch a case when there is already an offer on the case.
My son was sleeping with a teacher at his school. He is only 16. The teacher has been charged, but a lawyer told me that when it comes to suing the school we’ll only collect if we can prove they knew about it. Is that true?
Yes, that is generally the law in Illinois. That said, it is a crime and certainly a case worth pursuing because sometimes you don’t think the school knew and it turns out they did or should have.
If I get pulled over on a suspicion of DUI, should I take the breath test?
Every Illinois DUI attorney we know would tell you not to take the test. It could lead to a suspension of your license, but that is often thrown out. More importantly, you don’t want to provide the evidence that could be used to convict you and send you to jail. No matter what the cop tells you, you don’t have to take the breath test or any roadside test for that matter.
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Tags: "Illinois workers compensation lawyer" jurisdiction, DUI, sexual abuse