Illinois Lawyer Referrals and Legal Guidance

Archive for June, 2010

Five legal tips for the 4th of July weekend

Wednesday, June 30th, 2010

Every Wednesday we offer five legal tips based on questions we have received from readers. This week we are focusing on the theme of the 4th of July. Ok maybe we are going to stretch it a bit, but in no particular order:

1. On the 4thof July we think of patriotism. Taking that further, what makes us a great nation includes our civil rights. However, your civil rights are usually not violated when you think they are. Unless you can prove that you were discriminated against because of race, age, religion, etc. or show something like the police knocked down your door without a warrant, you are likely not dealing with a civil rights violation. So if the deli counter worker was rude to you or your employer fired you without a warning, it is not a civil rights case.

2. You should never drive drunk, but this is the big weekend for the police to be looking out for it. Be smart and get a designated driver or better yet, take public transportation if it is available in your area.

3. Not only are there a lot of DUI’s and arrests in general this weekend every year, but the angst of holiday weekends almost always leads to an uptick in people calling divorce lawyers. If you are going to do that, try and get a game plan together. Think about what you want now, six months from now, in two years, etc., especially if you have kids.

4. If you are a parent of a child that is going to blow things up or if you are an adult that is going to blow things up this weekend, just remember that if someone gets hurt from that you can be sued. Homeowner’s insurance would probably cover you, but it might not. I like blowing things up as much as the next guy and feel like a nanny even just writing this tip. But if you don’t think your neighbor is going to run to a lawyer when they lose an eye over your bottle rocket . . .

5. Finally, we got a call from someone who wanted to sue to prevent a fireworks show from going on because of the air pollution it would cause. I am pro-environment (and not just because I drive a Prius), but that is a suit that we want no part of. Believe it or not though, in other states those suits are happening and unfortunately have sometimes been successful.

Be safe and have a happy 4th.

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Tags: civil rights, DUI
Posted in Five Tips | Comments Off

I wonder if he will use a Public Defender

Tuesday, June 29th, 2010

Last month the following article appeared in the Chicago Tribune:

Sources: Public defender assaults prosecutor

June 3, 2010 1:00 PM

A Cook County assistant public defender was arrested at the Criminal Courts Building today after he allegedly pushed and choked an assistant state’s attorney following a court appearance.

The assistant public defender allegedly was upset that a judge set a far-removed status date for a case and was complaining to an assistant state’s attorney, the opposing counsel in the case, according to a source familiar with the incident.

The prosecutor “apparently said, ‘Too bad, that’s the date the judge set,’ and (the public defender) just lost it and shoved him against the wall,” the source said. The prosecutor “was stunned and didn’t do anything, and the next thing you know, (the public defender) had him in a headlock,” the source said.

No information was immediately available from the Cook County sheriff’s department or the state’s attorney’s office, but sources said the prosecutor was taken to a local hospital as a precaution, and the public defender was taken into custody by Cook County sheriff’s deputies.

–Matthew Walberg

Public Defenders are criminal defense lawyers who are appointed by a Judge when a criminal defendant can’t afford a lawyer and faces the possibility of jail time if convicted. You usually don’t get one if you have paid bail to get out of jail. They are typically hard working, severely underpaid and overloaded with cases. Many PD’s live paycheck to paycheck and some take 2nd jobs.

They almost all are well intentioned, but the amount of work they have makes it that unless you are charged with something horrific like murder, they probably won’t talk to you until your case is called at court and they almost never talk to family members. You may have one lawyer on one court date and another on the next court date.

Unlike a private lawyer who you must pay a fee and will answer your questions and talk to your family, the PD is free and sometimes you get what you pay for.

We don’t know what happened in this case, but it wouldn’t surprise us if this lawyer was just really stressed out by the process in general. It’s not an excuse for what they did, but . . .

As a potential criminal defendant you should remember that the attorney you hire is often the difference between winning and losing. Public defenders are a great option for people that have no other choice. But if you can afford a lawyer your best chance of a good result is with someone who will work with you before the court date and really get to know the facts of your case.

Tags: public defender
Posted in Criminal Defense in Illinois | Comments Off

If you can’t get enough of reading us . . .

Monday, June 28th, 2010

Check out our new blog on the Chicagonow.com website which is a branch of the Chicago Tribune, http://www.chicagonow.com/blogs/chicagos-real-law-blog.

Posted in Did You Know? | Comments Off

Unless they cut off the wrong leg you lose

Friday, June 25th, 2010

That was the response we got from a well known Illinois medical malpractice law firm when we asked if a case in a downstate town was worth pursuing. In Chicago, Joliet, Rockford, Waukegan, Peoria or any area with lots of people they felt what happened to our caller (doctor took out a kidney that didn’t need to come out, caller has debilitating pain from the surgery) would have been a case.

But unfortuantely for our caller, the mistake took place in a county with less than 20,000 people. The lawsuit typically needs to be filed in the county where the mistake took place. In a small county the residents all rely on the same medical facility to provide for all of their needs. Most people know all of the doctors as well as most of the people in the county. Time and time again it has been proven that locals in small towns are not going to award anything against a doctor or hospital unless it’s an incredibly bad mistake. And even then you might still lose your case. There is a perception that if they find against the doctor that there will be no medical provider to take care of them. Others just don’t want to see someone get compensated.

Insurance companies know this and in most rural areas will not negotiate on any case as they know that even if legally they are wrong, there is still a good chance that they will win.

For the small county that our caller was located in, we did a search to see if there has been a medical malpractice verdict there recently. Not only hasn’t there been a verdict, there hasn’t even been a lawsuit filed for medical practice there for years. Now of course just based on the law of averages we know that malpractice has occurred there over the last ten years. But the reality is that it’s almost impossible to win a case there.

On top of all of these challenges, there are no experienced medical malpractice lawyers in rural counties because there are no cases there. So you have to find a bigger city firm that not only is willing to take on the risk of bringing a case, but is also willing to travel back and forth to court in the small county.

It’s a big hurdle to overcome. Remember this the next time someone tells you that if we don’t have medical malpractice reform in Illinois that we’ll lose all of our doctors in these small areas. The truth is that the locals have already created reform. It’s just not the law.

Tags: malpractice
Posted in Injury Cases | Comments Off

What the heck is a QDRO?

Thursday, June 24th, 2010

A QDRO (often pronounced “quadro”) is a Qualified Domestic Relations Order. It is a legal document that divides a retirement plan between two spouses at the time of divorce. It is separate from a marital settlement agreement.

Retirement plans, such as 401(k)s, IRAs and pensions are considered marital property if they were acquired during marriage. In Illinois, the general rule is that all “marital property” is divided equitably, although the final decision is made by a judge or by mutual agreement of the parties. Any portion acquired prior to marriage is likely separate property and kept by the spouse who acquired it.

Often, the marital settlement agreement states that a retirement plan is to be divided but the QDRO isn’t drafted. It’s a good idea to have a QDRO signed by the judge at the same time the divorce is finalized. Leaving it until later may seem easier – because it’s often complicated – but that can lead to more attorney’s fees, not to mention more stress or the possibility of you getting screwed out of what you are owed.

A QDRO tells the retirement plan administrator to create two separate accounts, one for each spouse. The spouse who gains an account should have complete control over their new account and have just as many rights to the account as their former spouse has to theirs.

Typically, a plan like a 401(k) is easier to divide because it has a known value. Account statements can tell you what the plan is currently worth. The spouse who does not have the 401(k) may have their portion rolled over into an IRA, for example.

With a pension, where the value is stated in future terms – $500 per month starting at age 65 – a current value is not as clear. Experts are often used to value pensions.

Using a QDRO and splitting a retirement plan is not the only option. Another solution is to offset the value with other property. The spouse who does not have the retirement account can take other property of a similar value instead, such as cash, real estate, or other investments.

Don’t treat a QDRO like an afterthought. A carefully drafted QDRO should account for a variety of scenarios. It should address what will happen if either person dies before retirement age, or whether the spouse with the original pension can borrow against the entire amount or just their share, etc.

Don’t let anyone convince you that a form QDRO will do the trick. You don’t want to find out, 10 years later, that it wasn’t drafted correctly and your share of your ex’s pension is going to be diminished. Usually once it is gone it is gone forever.

Tags: QDRO, quadro
Posted in Illinois Family Law | Comments Off

Illinois legal advice- five things you shouldn’t do

Wednesday, June 23rd, 2010

Every Wednesday we offer five legal tips based on conversations with readers on various areas of Illinois law. Today’s tips are five things you should not do yet people seem to do anyway.

1. Unless it’s very minor traffic ticket, never just walk in to court and plead guilty. I believe in personal responsibility, but I also believe that you should look out for your best interests. Even when all the evidence is against you or you have admitted you did it to the police, a good attorney can usually negotiate a favorable deal for a first time offender.

2. If you are in a car accident and are not at fault, don’t choose to not call the police and just work things out with the person that hit you. It would be nice if everyone just did the right thing, but that doesn’t happen, especially with insurance companies. The best evidence in a case is usually the police report. Without one you are asking for headaches.

3. Never “share” a lawyer. Even if your situation is amicable, an attorney can only ethically and legally represent one person in a case. If you think that you are both being represented by the same lawyer, chances are that you are actually represented by nobody.

4. Don’t draw conclusions based on what happened to your neighbor, cousin, co-worker, etc. If I had $1 for every time someone told me what should happen in there case based on what happened to someone they know, I might not be a rich man, but I’d probably have an extra $1,000 lying around. What happened to someone else might provide some insight for you, but the facts and circumstances of every case are different. Deal with your case and block out all of the noise that surrounds you. Along the same lines, don’t take legal advice from non-attorneys, especially if they have competing interests to yours.

5. Don’t wait too long to act. The other day we got a call from a young man who had two days left to sue for his car accident. Once a week we get a call from someone with a traffic or criminal case that is going to court the following day. Lawyers need time to prepare in order to do their best work. On top of that, many just won’t get involved at the last minute or are often unavailable. If you wait too long you might not be able to find the right lawyer or worse you may lose your rights forever.

Posted in Five Tips | Comments Off

Home court advantage is not just for sports

Tuesday, June 22nd, 2010

A couple of months ago a woman was convicted of a serious driving offense in Lake County. She was from Will County and hired a very well known and prestigious Will County attorney for this high profile case. Given that Joliet is about 90 minutes or more away from Waukegan, we are guessing that this very good attorney has very little experience before the Lake County prosecutors and Judges that are in those court rooms every single day.

This woman lost her case and it probably had nothing to do with her choice of lawyers and more to do with how high-profile her case was. That said, we certainly don’t believe it helped. A local attorney who is friendly with the prosecutor may have been able to negotiate a good plea bargain and at the least would have had a better chance of it.

In basketball, every court is the same size and the rules are the same. Yet every year, almost all 30 teams have way better home records than road records. In the 2002-2003 season the Bulls we 27-14 at home and 3-38 on the road. The rules may be the same, but home court advantage clearly matters.

Home court advantage matters in Illinois law too, especially in criminal and traffic cases. Many defense attorneys are former prosecutors and have what they consider their “home court.” One lawyer we know that goes to the Daley Center for traffic cases put it to us this way:

I have so many cases there that everyone knows me and I know everyone. I can simply get things done there in a way that I can’t at other courts.

Now just like the best teams don’t win every home game, lawyers don’t win every case on their home court. If you are charged with murder, armed robbery, reckless homicide, etc. you aren’t going to just hire the connected local guy and walk away as if nothing happened. But guilty people win their cases every single day in Illinois, often because they hired the attorney with home court advantage. Prosecutors often have hundreds of cases to deal with every week. They can’t take them all to trial so they are willing to negotiate on most of them. The people with the best shot in negotiations are the ones that they deal with every day and know that they will have to deal with in the future. Fair or not, these attorneys tend to get better results. It simply makes a difference if you have relationships.

It works the same in actual hearings before a Judge. If you know the Judge’s tendencies it is an advantage. If the Judge likes your lawyer it is an advantage. If the Judge has cases with your lawyer every day, unless they hate them it is an advantage. If your attorney can joke around with the Judge or sees him/her socially it’s an advantage. It’s why most lawyers suck up to the Judges. Those relationships make a difference.

Hiring the right attorney is about giving yourself the best chance of success. The Bulls won three out of 41 games in that forgetable 2002-2003 season. If you knew you were going to go to jail that year if they lost their next game, wouldn’t you have chosen for them to play that game at the United Center? We would have too.

Posted in Criminal Defense in Illinois | Comments Off

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