Illinois Lawyer Referrals and Legal Guidance

Like most lawyers, I don’t know everything about everything.  So recently I had a meeting with a friend I might go in to business with.  The meeting was with two lawyers that my friend knows very well and had worked with in the past.  Since they were friends, it was assumed that it was a free meeting to see about working with each other.

Well we just got a bill in the mail for $590 for the meeting and other discussions that have taken place.  This was never agreed to, but even though we assumed it was free, that was never agreed to either.  So if push came to shove, I think the lawyers would win a case if they sued us for not paying the bill.  So we are paying it, albeit very unhappily.

I’m most angry at myself.  Although I don’t consider myself a stereotypical lawyer when it comes to my personality, I do usually get in to lawyer mode and make sure details like this are not ignored.  I didn’t do that this time because it was my impression this was a friendly meeting to see if they would be the right firm for us to work with in the future.  They weren’t.

So let my error be a lesson to you.  No law firm should take offense to having you ask if you will have to pay for their time.  And if they do then they probably aren’t worth your time anyway.

3/19/12

To prevent identity theft, a new law went in to effect on January 1^st of this year.  It says that in pleadings (court filings) you can’t put a full social security number for someone.  It’s meant to safeguard privacy.  Up until now, since these filings are public records, any bad intentioned person could go to court, look through a file and find out this private information.

In most cases, there is no need to know the person’s social security number.  It usually has nothing to do with a case, at least not in a meaningful way.  If a lawyer does find it meaningful, then they have to file a confidential document that will be safeguarded from the file and from the public.  This would still make me nervous if mine was listed as court employees have committed identity theft in the past, but it’s way better than letting just anyone see your number.

For you as a client, know this law and go over any documents your attorney files.  If you see your personal information on there, say something ASAP.  It shouldn’t happen and if it does happen it needs to be fixed.  It is a brand new law and not every attorney knows about it.

3/13/12

Our last post was part 1 of new laws in Illinois for 2012.  Here is part 2.

1. Surrendering FOID cards. A new law requires you to surrender your FOID card if there is an order of protection against you. A FOID card is what allows a person to legally buy or possess a gun. You must surrender your card until the order of protection is lifted. If you are convicted of domestic battery, you are no longer eligible to have a FOID card.
2. Synthetic marijuana. Possession or sale of fake, or synthetic, marijuana is now a felony. The drug is sold under names like K2 or Spice. If a store sells the product, it can be shut down and fined $150,000, and the person who sold it can face 5 years in prison. Possession can get you 3 years and fines up to $25,000. This isn’t the first law against synthetic marijuana, but manufacturers were known to simply change the formula to get around the old laws. The new law attempts to include all formulas.
3. Murderer registry. This is like the sex offender registry, but for people convicted of murder in Illinois. The new law establishes a statewide database that includes information on those who have been convicted of first-degree murder and who have been released. The information available will include name, address, place of employment and a photograph. Registration is required for ten years after release from prison, and the information in the database is public.
4. Sex offenders on campus must register. Illinois law now requires sex offenders who work at or attend an institution of higher education to register with the campus’s public safety or security director, as well as with local law enforcement. This is in addition to the already established sex offender registration requirements.
5. Schools can punish internet bullying. Illinois law gives a school board the authority to expel or suspend a student from school for bullying that happens online, even if it occurs outside of school. The law allows punishment by the school if a student makes an explicit threat, on a website, against another student or against a school employee. Previously, schools had trouble taking action against bullying that happened online because it didn’t happen at school.

About 200 new laws went into effect this year. Obviously, you’re not going to know them all. But you should know this: Saying you weren’t aware of a law is not a valid defense.

3/9/12

1. Bikes and red lights. A new law allows motorcycle and bike riders to run red lights at certain intersections. Sometimes, a light change is triggered by an in-ground weight sensor that is not set off by motorcycles and bikes because they’re too light. So, riders are permitted to run the light after a “reasonable” amount of time and after checking to make sure it’s safe. Note: The law doesn’t apply within the City of Chicago, because there aren’t many traffic lights that are triggered by pavement sensors.
2. Seat belts for everyone. Now, all drivers and passengers riding in vehicles must wear seat belts. The previous law in Illinois didn’t include adults riding in the back seat. It now does, and if you’re caught, it’ll cost you $25. The law does not apply to taxi passengers.
3. Mandatory electronics recycling. A new law makes it illegal to throw certain types of electronics in the garbage. There is a list of about 17 specific items that you must recycle. Some examples: televisions, laptops, printers, DVD players, and computer keyboards.
4. Laser lights and cockpits. This seems like common sense. It is illegal to shine a laser light into a cockpit of an airplane during take-off, landing or in flight. It happens more than you might think. According to the FAA, pilots reported 2,800 of these incidents in 2010, and O’Hare was one of the most affected. If you’re caught, you can be charged with a misdemeanor.
5. More drug dealer fines. An extra fine has been added to the offense of drug manufacturing and delivering. If you are found guilty of manufacturing or delivering drugs in a situation where an emergency response was required, you can be on the hook for the cost of that emergency response, as well as an additional fine of $750 or $1,000. The additional fines go to the police department involved.

These are merely some of the more talked about laws of 2012. There are dozens that go on the books unnoticed by the majority of people, probably because they only affect a small percent of the population. If you have a question about one of these new laws, or one we didn’t mention, let us know.

3/8/12

Using threatening or violent language at work, is never advisable.  But recently a federal appeals court seemed to suggest that workers could be given some leeway with their speech in certain circumstances.  Even comments that could seem to threaten violence to a boss, might be viewed in context as not amounting to an actual, physical threat.

In this case, electricians on a work site were given two, 15-minute break periods each day in an area away from the dangers of the work.  Due to the circumstances of the job itself, the breaks became longer than the period allowed, and management stepped in and issued warnings.   Two of the workers objected and told the supervisor that if they were laid off things could “get ugly.”  And one of them further said that the supervisor should bring his “boxing gloves.”

The two were fired, but were later reinstated, because the National Labor Relations Board (NLRB) held that they were not really issuing physical threats of violence.  Instead, their comments were figures of speech and not to be taken literally given the context and circumstances.  This decision was supported by the federal appeals court.

It is no doubt a tough balance to maintain.  Workers need some leeway to be able to make an impulsive comment in the heat of the moment, and some of this speech is protected.  On the other hand, businesses do not want to take a threat lightly and be sorry later they did not act on it to protect workplace safety and order.

The decision to reinstate the workers relied on the context of the comments.  While they said that the reference to “boxing gloves” indicated that it was a metaphor, and not an actual threat, they did caution that the same words in a different context could have a different result.  In fact, many of these types of expressions could be viewed either way in light of where and how they were said.

In this case, the fact that the comments were brief and spontaneous, and came on the heels of hearing news that made them fear for their job safety, went a long way to showing they were not intended as physical threats.  Instead, the comments were viewed as vocal resistance to a policy that these workers thought was unfair, unsafe, and could cost them their jobs.

Again, this is not to say that using words that convey violence or threats is the way to go when you are upset at work.  But at least for these workers and possibly others, if it happens, your words alone might not necessarily be the sole factor in determining your intentions.

1/27/12