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Archive for December, 2010

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Hiring the Right Lawyer in Illinois

Friday, December 31st, 2010

When you need a lawyer to represent you on a legal matter in Illinois, you should take care to be proactive in your hiring process, to help give yourself the best chance of success with your case.  While you cannot guarantee a successful outcome with your choice of lawyer, you can help to ensure a better process throughout your representation, so you will feel you have done all you can do to help yourself.

It may seem daunting to think of interviewing a lawyer about handling your case.  But after all, even though it is the lawyer’s profession, it involves an aspect of your life.  When you break down the hiring process, it can feel more manageable.  Here are some guidelines to keep in mind:

1.  Educate yourself regarding your legal matter, so you will be better able to know whether you agree with what the lawyer is telling you.  Go to the findgreatlawyers.com home page and use our search button at the top of the page to help you find information on various areas of Illinois law.  Then you can develop goals for yourself, and help stem the emotion that is often part of dealing with a personal, legal matter. 

2.  Make sure the lawyer focuses his or her practice in the area of law that affects your case.   Lawyers can’t specialize in Illinois, but if they are working in your practice area regularly, and have a track record to prove it, you are giving your case the best chance for success.  This is especially true for areas like divorce, criminal law, workers’ compensation and other injury claims, and employment law.  Win-loss record is not the only measure of a successful attorney, but experience and expertise in the relevant legal area should be apparent.

3.  Have the lawyer lay out for you how he or she plans to proceed with your case.  How will you be charged, and what other costs may be involved?  Who is the primary attorney you will deal with?  How have they handled similar situations in the past?  What direction do they plan to take the case?  And, when you are assessing what the lawyer is telling you about your case and about your chances of success, keep in mind that if it sounds too good to be true, it probably is. 

4.  Tell the lawyer the truth.  Though this may seem obvious, all too often clients are afraid to let their attorney know everything.  Remember, you are making a decision here—if the attorney does not want to take your case because of what you have said, it’s better to know that before you hire him or her.  And the conversation is privileged even if you choose not to hire the lawyer, which means your information will be kept confidential. 

5.  Demand customer service.  Let the lawyer know at the outset how you wish to be able to communicate, e.g. returning phone calls and e-mails within a reasonable time, respectfully answering your questions, etc.  The lawyer-client relationship is a very important one, and a very personal one, and you want it to be treated accordingly.

Hopefully these guidelines will get you started on your way to making a great choice for yourself and having a successful representation. If you have any questions about this, please contact us and we will be happy to do whatever we can to assist you.

Posted in Did You Know? | Comments Off

What is an Illinois Class Action Lawsuit all about?

Thursday, December 30th, 2010

When many people have been harmed by the same actions of a defendant, they may able to pool together and bring a class action lawsuit.  These suits are typically brought where the number of potential plaintiffs is large, but the amount of money each could recover is not, and one plaintiff could not therefore afford to proceed alone.

So how does it all begin?

There needs to be at least one person who comes forward to bring the lawsuit.  If your attorney believes that there is a large group that has gone through what you have, and your specific story represents the group well, you may be able to be the one that gets it going.  Commonly this is referred to as the “lead plaintiff.” 

If you are representing the class as the lead plaintiff, you will work with the lawyer to look out for the interests of the others.  This usually involves being the one to answer written discovery questions, have your deposition taken, and if the case gets to trial, you will likely testify as a witness. 

For all your work and putting yourself “out there” you could receive more money in a damages than the rest of the group.  After all, you are the reason that the case came to be, and what drives it forward.  Additionally, your name would be the one attached to the lawsuit.  These cases often make a huge impact on society because they are redressing the harm done to a great number of people.  So having your name attached to it can be very personally rewarding.

Before the suit can move forward as a class action, there needs to be permission to do so.  Your lawyer will make a motion to have the group certified as a class.  The motion will point out to the court the similarity of the harm to you and the other potential members of the class.  If the case is certified as a class action, then all those who have been harmed will be given notice of the suit and the opportunity to join the class action.

Courts have certified classes in many areas, including Illinois employment law, Illinois securities law, Illinois consumer fraud, and Illinois product liability. 

How can anyone afford to pay the attorney when each plaintiff has a relatively small amount of damages?   This is another unique feature of the class action lawsuit.  Because all the plaintiffs are pooling together, the lawyers can work on a contingent fee basis for the whole class.  Contingent fees are where the lawyer only gets paid if there is a recovery of damages.  So if a recovery is made on behalf of the class, the lawyer can earn a fee based on the total recovery.  Unlike single-plaintiff suits, though, where the lawyer and client agree on the fee, which is usually 1/3 of the damage recovery, in a class action the judge will consider the specifics of the case, and set the fee.  This fee can vary greatly, because it is done on a case-by-case basis, based on the nature of the case, the risk involved, the amount of work done by the lawyer, and the amount of the recovery.

If you have suffered damages, but never pursued bringing a case because you didn’t think your case was “big” enough, consider whether others are in your shoes and speak with an Illinois attorney that handles class action lawsuits.

Posted in Did You Know? | Comments Off

Illinois attorney advice on dealing with the police

Wednesday, December 29th, 2010

Every Wednesday we offer five legal tips.  Today’s tips have to do with dealing with the police.   Whether it’s getting pulled over for speeding, or something more serious, you may at some point find yourself face to face with a police officer. Try to remember these tips.

  1. Show respect. Even if they’re treating you poorly, treat a cop with respect. It’s not their job to be nice to you; they are more concerned about their own safety. You don’t have to suck up to them, but do your best to be reasonable. It’s in your best interest.
  2. Know your rights. Don’t be intimidated, and know when you can say no. While you should comply with a request to show identification, there are many things you don’t have to do. There are some examples below. Remember to be firm but polite when saying no.
  3. You can decline a search. There are some situations where the police are allowed to search your car, or your home. One example is when they have a warrant. Another is if they have your permission. Don’t give it to them unless you are 100% sure they won’t find anything that will get you in trouble.
  4. You can decline sobriety tests. Same rule as above. You do not have to agree to take any tests when you’re pulled over, like a breath test or walking a straight line. It is not illegal to decline these. If you are arrested, you will be asked to take another test to determine your blood alcohol concentration. Again, you can decline, but this time there is a penalty – your license will be suspended. Even so, saying no may be your best bet, unless you’re 100% sure you’re not intoxicated.
  5. Be careful what you say. If you are pulled over or otherwise approached by a police officer, remember that you aren’t required to answer their questions. You don’t have to tell them where you’re going, who you were with, whether you’ve been drinking, or anything else for that matter.

Posted in Five Tips | Comments Off

Stop Your Ex Before Your Kids are Taken Out of the Country

Tuesday, December 28th, 2010

Whether you are just beginning the divorce process or post-divorce, there are laws in Illinois that operate to help prevent an ex or soon-to-be ex from leaving the country with your child.  The most important thing in either of these scenarios, is to act fast and be prepared.

During the pendency of divorce proceedings, and before custody and visitation have been decided, you have legal protection available to you to stop your spouse from leaving the state of Illinois with your child.  As soon as the divorce petition is filed and served, Illinois law prohibits the removing or concealing of a child from the other parent.  The intent of the law is to maintain the status quo until a final decision is made with regard to custody. 

Once the divorce proceedings are over, and custody and visitation have been decided, Illinois criminal law can be used to protect the child from being hidden or removed from the state without the consent of the non-custodial parent.  Criminal charges are available in these cases where the parent intentionally conceals the child or takes the child out of Illinois.

Where the issue is taking the child out of the country, not just out of the state, the cases are treated very seriously by Illinois courts, to try to stop it before it happens.  Once your child is in another country, it is far more complex, dealing with many layers of international law.  You will likely face the prospect of an expensive, lengthy legal process, during which you may not have much contact, if at all, with your child.

Prevention, and preparation, therefore is most important.  If you have any reason to suspect that your ex may be planning to leave the country with your child, you should have your family law attorney seek orders from the court to help deter this.  Having orders in place before an incident arises, can help law enforcement move faster if need be.  Emergency orders are available as well.  The court can take away the child’s passport, alert the airlines, and grant supervised visitation if you can prove that an abduction is probable.

Having an attorney representing you that is very familiar with not only the laws concerning marital dissolution in Illinois, but also the relevant Illinois criminal law and other related laws, can give you the best chance at success in stopping this tragedy before it starts.

Posted in Illinois Family Law | Comments Off

Illinois Medical Malpractice Attorney: Is it a Case?

Monday, December 27th, 2010

Medical malpractice cases are among the most complex kinds of cases to pursue. The subject matter is, for most, unfamiliar and challenging, and the documents to be used for evidence are mostly medical records that are created and maintained by the defendant.  This makes these cases very costly to bring, when you factor in the costs of experts and other necessary investigation.

For this reason, when you meet with your attorney about your case, he or she will likely go through a process to analyze the facts and the relevant law to determine your likelihood of success.  It is not enough to determine you have a strong likelihood of winning a medical malpractice case.  Because of the cost and complexities, you should evaluated too whether your damages recovery will be enough that it would make the time and money spent litigating the case worthwhile.

First, in order to have a successful case, you need to be able to show that the defendant was negligent and breached a duty that was owed.   Though the physician may have done a bad job or made a mistake, his or her action or inaction needs to be a breach of the duty of reasonable care to the patient, and that defendant’s conduct was the cause of the plaintiff’s damages.  

The second thing you will have to show is that the plaintiff suffered damages.  You can recover for such things as pain and suffering, loss of normal life, medical expenses, and more.  If those numbers are not substantial, an attorney is not likely to take your case.  They have to weight the cost of the suit against the likely financial recovery, and include the time expenditure as well.  This analysis will frequently stop a medical malpractice case in its tracks. 

If you have a good case for damages but can’t prove negligence, you will likely not have a successful case.  Similarly, if you can prove negligence, but the damage amounts are not enough to make it worth pursuing, then it will not go forward.  When it comes to negligence, if the plaintiff, for example, didn’t follow the doctors orders, there may not be causation.  Even though the doctor messed up; he may not be held to have caused the damages.

With regard to damages, the characteristics of the plaintiff can often dictate what kind of damages will be possible.  For example, if the plaintiff is very old, or very ill, the damage award could take that into account, and determine that, though tragic, the losses are not that great to someone who would not necessarily have much longer of a life expectancy.   Though the doctor committed a grave error, if the plaintiff would have suffered a similar harm anyway, there may not be a case.

All these factors will weigh in to the decision of whether you have a medical malpractice case worth pursuing.  Having an Illinois medical malpractice attorney who is very familiar with these cases and their intricacies can be a vital first step in your legal pursuit.

Posted in Injury Cases | Comments Off

Merry Christmas

Friday, December 24th, 2010

Nothing to the blog today other than to wish you and your family a safe, happy and healthy holiday season.  Back on Monday.

Posted in Did You Know? | Comments Off

Illinois Grandparent’ Rights When Visitation with Grandchildren is Denied

Thursday, December 23rd, 2010

As you get older, and your kids have grown into adults, one great joy that you would likely look forward to is spending time with grandchildren.  But often times due to a variety of circumstances, a parent will deny the grandparent that pleasure. 

Which raises the question:  Does a grandparent have any legal right to visitation with the grandchildren?

Unfortunately for grandparents, there is no absolute right in Illinois to be able to see your grandchildren.  The law is endeavoring to protect the parents’ rights, however misguided, to make decisions with regard to their own children.  Therefore, the burden is on the grandparents to show that they fit within the narrow constraints of that Illinois law that will allow for the parents’ rights to be overridden.

Grandparents of a child who is at least one year old, may petition the court for visitation rights.  They will have to prove that there has been an “unreasonable denial” of visitation, plus one other statutory factor including:  the child’s unrelated parent is deceased, the parents are divorced and at least one parent does not object, a parent is incarcerated, and a parent is incompetent.  If the parents are divorced, the visitation time the grandparent seeks cannot take away from the visitation time of the non-related parent.

To establish that there has been an unreasonable denial of the grandparents’ visitation, they need to prove that the parent’s visitation denial is harmful to the child’s mental, physical, or emotional health.   This is actually a fairly stringent requirement because the grandparent bears the burden of proving these facts, against the backdrop of the presumption in Illinois law that a fit parent’s decision regarding a grandparent is not harmful to the child in that way. 

The Illinois courts have found that when applying this burden, it is important to note that it is not enough that you are being denied the opportunity to see your grandchildren, or even that the child may never know a grandparent who loved him.  This will not show the harm which will rebut the parent’s presumption that their decisions are not harmful to their child.  Instead, your lawyer will likely want to put on testimony of an expert witness who is a mental health professional, to present evidence of the harm there would be if visitation was denied.

In the course of making its decision about visitation, the court will consider several factors.  The physical and mental health of both the child and the grandparents will be looked at, as well as the good faith motives of the parties in seeking or denying visitation.  Also, the court will examine the relationship, if any, that existed between the grandparent and child, including the length and number of visits, and the quality of the visits.  Any other factor that would tend to show the harm that could be caused by denying the visitation may be considered.

While it may be a tough road to achieve grandparent visitation rights, the reward at the end can be well worth the effort.  And it’s not only you that will benefit from a successful outcome, but your grandchildren can as well.  If you have found yourself in this situation, contact us and we can look at your specific circumstances to see what your chances may be.

Posted in Illinois Family Law | Comments Off

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