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Category: Five Tips

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Five reasons NOT to represent yourself

Wednesday, April 4th, 2012
  1. You don’t know what you’re doing. You don’t need an ivy-league law degree to be a good attorney, but you do need experience. Without it, you’re at a serious disadvantage, especially if the other side has an attorney. That attorney isn’t going to cut you any slack, and the judge is under no obligation to help you out with rules of law or procedures of the courtroom.
  2. You don’t know the judge. If you did, you would have some clues as to what that particular judge likes and doesn’t like, and how they are likely to rule on the issues. I’m not saying your attorney needs to have a personal relationship with the judge, but a professional relationship, or at least familiarity, is a plus.
  3. You’re more likely to lose. In my experience, if you choose to represent yourself, you’re less likely to get a good outcome. Hiring an attorney does not guarantee a win, but I think the odds are better, especially if your attorney is experienced and has a good track record.
  4. It’s not as exciting as it looks on TV. Going to court in real life is the opposite of glamorous. There’s a lot of waiting, rescheduling, delays. And the satisfaction of “winning” isn’t always there at the end, even if the judge rules in your favor. Often, things end in compromise or settlement, or the judge gives you some, but not all, of what you want.
  5. Legal battles are stressful. That’s stating the obvious, but what people might not think about is that hiring an attorney can shield you from a lot of stress. For example, your attorney may be able to go to court on your behalf, allowing you to stay a bit removed. And your attorney can be the one to do the hard negotiating. Most importantly, your attorney will do all the work (filing documents, sending letters, making phone calls, doing research), so you can focus on the rest of your life.

There are more reasons not to represent yourself, and we’ll share those soon. In the meantime, if you have questions about representing yourself, we can help you understand what it entails. We try to be honest in all our answers, and we’ll tell you if you’re facing something that can be handled without an attorney.

4/4/12

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5 Tips on Annulling a Marriage

Wednesday, March 28th, 2012

In the media it may seem as though marriages are commonly annulled, but in reality an annulment or “declaration of invalidity of marriage” is actually quite rare.  Generally, to end a marriage, a divorce is needed, but there are some limited circumstances where annulment may apply.  Here are some things to know about annulment in Illinois.

1.  Called “declaration of invalidity of marriage,” an annulment basically wipes the slate clean of your marriage. It is as though it never happened from a legal standpoint.  For religious reasons, sometimes this is desirable or necessary.  Sometimes couples are just looking to this option because they believe it is quick, clean, and cheap, when compared to divorce.  But it is a remedy only available in very specific circumstances and for a short period of time after the marriage.

2.  The only marriages that may be annulled are those where:  you were not able to understand what you were doing because of drugs or alcohol, illness, or mental incapacity; you were forced into the marriage by extreme circumstances; you were tricked into the marriage in a way that had you known the truth you would not have gone through with it; the marriage cannot be consummated and you did not know that at the time; you were under age and did not have permission; or it is a marriage that is not allowed by law.

3.  For each of the reasons that annulment is allowed, there is a specific period of time that the action must be started.  For some it is as short as 90 days from the date you became aware of the circumstances that would invalidate the marriage.

4.  Children that are born or adopted as a result of the marriage do not change their status just because the marriage is later declared invalid.  Even though most annulments are effective as of the date of the marriage—meaning it is as though there was never a marriage—the children remain legitimate children of each of the parents.  They continue to have all the rights to support and inheritance that they would have had if the marriage had been valid.

5.  If an annulment is granted retroactively to the date of the marriage, then each has no right to support or property from the other.  The laws that govern property and support in divorce to not apply to these invalid marriages.  One exception to this is where one person enters into the marriage honestly believing that the marriage is valid, then later finds out it is not.  In this situation, property and support may be allowed just as they would in a divorce proceeding.

3/28/12

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5 Things That Happen After a Work Injury

Wednesday, March 21st, 2012

When you have a work accident or injury there are a few things that should happen right away to get the workers’ compensation ball rolling.  Some steps are the workers’ responsibility, and some are the employers’ responsibility.

1.  Employee should get medical treatment.  Since workers’ compensation is all about getting the employee healthy and able to return to work, it should be expected that one of the most important steps is to seek appropriate medical treatment as soon as you are able.  If you need emergency medical care or first aid, do not hesitate to get it.  Caring for your health is crucial, and your medical bills will be reimbursed by your employer, including doctor and hospital charges and co-pays.

2.  Employee should notify the employer.  As soon as possible, but not longer than 45 days after the accident, you should notify your employer.  You need to let the employer know that you were injured on the job, and it is best to include the date, location, and a description of what happened.  Some work injuries develop over time, and not as the result of one accident.  For these injuries, you should notify your employer as soon as you become aware that your situation is a work condition.  Sending notice in writing and saving a copy helps to protect you later to show that you did send timely notice.

3.  Employer should file an injury form.  Employers have a designated form for reporting the injury, which shows that they had notice, and lists the details of the events that led to your injury.  They also have deadlines for filing the forms and making proper reports of work accidents involving employees.

4.  Employer should pay benefits to the employee.  If you are not able to work for more than three days, your employer should begin paying benefits, or give you a written explanation as to what is needed or why the benefits are denied.  These benefits include payment for wages when you cannot work because of your injuries.

5.  Employee should speak with a lawyer.  Whether benefits are being denied, or you just want to be sure you are getting all of the benefits that Illinois workers’ compensation laws entitle you to get, it can be very helpful to speak with a lawyer, and to do so early on in the process.  Illinois law governs how lawyers are paid in workers’ compensation cases, and you should not worry about whether you can afford representation.  You will only have to pay a lawyer if you receive benefits, and the lawyer’s fee will be a percentage of what you are paid.

3/21/12

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5 Tips for Product Liability Cases

Wednesday, March 14th, 2012

Throughout the day we use all types of common products and most often do not consider whether they are likely to cause us personal injury.  Whether it is a car, household appliance, or even a cup of coffee, there is a potential for something to go wrong, and for someone to be hurt.  Here are some points to consider if you think you may have been hurt by a defective product.

1.  What kind of injury do you have?  In order to bring a product liability lawsuit, you need to have been injured by a product. Importantly, too, your injury should be the kind that you can expect to have a considerable claim for damage.  These lawsuits are quite complex and can be very expensive, so they are not as likely to proceed unless the injury that resulted is significant.  There are many situations where a product did something unexpected or unpleasant, but may not have caused an injury.

2.  Did the product have a flaw in its design, so that it was defective before it was ever made?  Products with a design defect have the potential to cause an injury to those use them, because they are flawed in their inception.  Sometimes they are just inherently dangerous, and sometimes they are lacking safety measures that could have been built right into the product itself.  Some children’s toys that have parts that can be separated and easily swallowed are products with these types of defects.

3.  Did the product have a flaw its production, so that it was defective as it left the plant?   Products with a manufacturing defect are perhaps well conceived, but badly executed.  This can occur where cheap or inadequate parts are used, or perhaps other measures that could be put into a product that could insure safety are skipped to save time or money.  The product is not, in itself, something that should be dangerous, but in fact it is defectively produced and potentially dangerous to consumers.  Automobile manufacturers are often the subject of lawsuits of this type.

4.  Did the product have a flaw in the way it was marketed to consumers, in that it lacked appropriate information that would prevent injury?   A product that may be properly designed and manufactured can nonetheless harm its user if not used properly and safely.   Where there are inadequate warnings of dangers that can come from reasonable use, or there is no adequate explanation of the safe use of the product, it may become dangerous when used by the public.  Products that have sharp or very hot elements are examples of the type of item that should come with warnings and instructions for proper use and handling.

5.  Was the defective product that caused your injury unreasonably dangerous?  If you use a product in an inappropriate or unexpected manner and are injured as a result, then you cannot necessarily hold the manufacturer accountable for your injury.  On the other hand, if you used a product the way in which it was intended, and in a reasonable manner, but are injured by the product because of one of the types of defects, then the product may be unreasonably dangerous and the manufacturer may be liable for your injuries.

3/14/12

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5 Tips For Whistleblower Lawsuits

Wednesday, March 7th, 2012

If you spot serious wrongdoing at work, it may be hard to know what to do to.  Wanting to do the right thing, and wanting to protect yourself are both important considerations.  “Whistleblower” laws are designed to help expose fraud against the government, while helping the citizen that comes forward.  Here are 5 tips to know about whistleblowing.

1.  Thought term “whistleblower” may sound a bit informal, it refers to a citizen that observes and reports fraud and serious wrongdoing against the government.  An example of whistleblowing would be reports that pubic hospital employees are inflating their claims regarding Medicare patients.  Because this is a fraud against the government, this would be a whistleblower case.

2.  These cases come under the rules of both Federal and State laws.  The laws provide the whistleblower an incentive to come forward.  In addition to doing the right thing, and helping your government, a monetary benefit is provided in the law.  The whistleblower can receive a portion of the damages that the wrongdoer pays the government.  The federal and state laws set out those amounts.

3.  In addition to an incentive to come forward, employees are also given protection from their employer retaliating against them for uncovering the fraudulent behavior.  If a whistleblower’s job is negatively affected because he or she came forward, then the employee is entitled to bring a claim against the employer.  In addition to possibly reinstating their job, whistleblowing employees may also receive monetary compensation for being fired, demoted, threatened, suspended, or harassed because they uncovered the fraud and reported it.

4.  Though employees have protection in bringing their claims to light, they should also be cautioned that the claims must be truthful.  If an employee is reporting what he or she has observed at work, they must be honest reports, made in good faith.  False whistleblowing claims that are made for ill purposes can bring serious penalties to the person making them.

5.  The cases can be quite complex, and need attorney representation.  Most attorneys handling these cases, do so on a contingency fee basis, which means that the employee does not have to come up with the money to pay the attorney hourly for representation.  The attorney is paid based on a percentage of what the employee receives in the case.  In addition, the fees and costs in bringing the case should also be paid by the attorney, and take out of the money that is received.

3/7/12

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Five Questions for Your Workers’ Compensation Attorney

Wednesday, February 29th, 2012

1.  How long have you been handling workers’ compensation cases?

If they say a year or two, it might be a reason for concern. Not that they’re a bad lawyer, but just a little too new at it. If they have only handled a handful of cases and maybe never been to trial on a case, we wouldn’t recommend them. If you want the best outcome possible, experience is key. Not every seasoned attorney is a great attorney, but it’s one of the main factors to consider. You want someone who knows the arbitrators, knows other attorneys in the field and has established a good reputation in the legal community. In our opinion, it’s your best bet.

2.  Do you have any experience handling claims similar to mine?

This is similar to the first question, but goes a bit deeper. If your attorney has experience with your particular injury or circumstance, it can be an advantage. If benefits are disputed, or your claim or treatment is denied, your attorney will have experience to draw on. They should know what usually happens in a case involving a fall in the parking lot, or a car accident while on the job, or they should understand the best way to prove that back surgery is necessary.

3.  How should we keep in touch?

Communication with clients is important. Not only can it hurt your case if your attorney doesn’t stay in touch and up-to-date on your recovery, but it can strain your relationship and decrease your confidence in them. Ask how often you should be hearing from them, and how best to get in touch if you have a question or concern (phone, e-mail, office visit). Your attorney should be responsive, returning calls and emails promptly.

4.  What can I do to help my case?

Your attorney should have some specific suggestions on how to help build your case. For example, you should always listen to and follow your doctor’s orders. If your doctor says not to lift heavy objects, don’t do it. The insurance company might be following you, trying to find something to use against you so they can deny benefits. Also, your attorney might suggest ways in which you can work together, such as getting medical records, documenting your injury and recovery, etc. They might have other suggestions, as well. Make sure to ask.

5.  How do your fees work?

This is definitely something you should ask about in your first meeting with a workers’ compensation attorney. Good communication about how your attorney will be paid, and who will pay costs along the way, can avoid disputes and frustrations later on. In Illinois, attorneys can’t take more than 20% of your settlement. Your attorney should not be paid unless you win. Don’t let them try to take 20% of your benefits payments just because they made a few phone calls and helped you file your claim. Most attorneys only take a fee if they have to fight for you. Also, you should not pay anything upfront. Your attorney should cover all court costs and expert witness fees.

2/29/12

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5 Things Your Lawyer Should be Doing for You When You Buy a House

Wednesday, February 22nd, 2012

When you are buying a home there are several players you will encounter in the process that may seem like they have your best interest at heart.  In reality, when it comes to protecting your legal interests and the vast amount of money involved in the transaction, only the lawyer you hire really has that covered.  Here are some of the areas your residential real estate attorney will be involved in during the home-buying process.

1.  CONTRACT

After you decide on the home you wish to purchase, you will likely be given a real estate contract by the agent.  There is a standard form real estate contract that is most often used in Illinois.  But even so, if you are able to, it is best to have your lawyer review the contract before you sign.  Not every provision in the contract may be acceptable or appropriate for your situation, and you want to be fully advised as to what you are agreeing.

Whether or not you are able to have an attorney review your contract first, once it is signed there is still legal work to be done regarding the contract provisions.  The standard contract will have a short period of days for attorney approval.  During this period, the lawyers will review the terms of the contract, and renegotiate any terms that are not acceptable.  After the attorney approval period is over, if you need to walk away from the purchase it becomes much harder to do that without incurring fees or penalties.

2.  INSPECTION

If both sides have approved the contract terms, then the next step is to have a home inspection.  Under the standard Illinois contract, a period of time for the home inspection is specified.  This period needs to include enough time to hire a qualified home inspector, have the inspection itself completed and a report generated, and then deal with any findings that require attention.  If the inspection period is not long enough to complete the process, then your lawyer can negotiate for a longer period of time that will fully cover all that needs to be accomplished.

Based on the results of the inspection, the purchase price may have to be renegotiated, and/or the seller may be given a reasonable amount of time to correct any problems that are discovered.  The date for closing may need to be pushed off depending on the time needed to complete the repairs.  These are all steps that your attorney will take to protect you, and help ensure that you do not get stuck with major repair problems down the road.

3.  TITLE and SURVEY

The next significant step leading up to the closing deals with the title report and survey.  The seller will have these prepared for your lawyer to review and to look for any potential problems with the land and its chain of ownership.  Issues that could come up include unpaid taxes or charges, code violations, encroachments on your land, and other such problems that could reduce the value of your purchase.  Sometimes these may be fixed by the seller, or sometimes they may affect the purchase price.  Your lawyer will negotiate for the period of time to correct the problems, a delay in the closing, or any other change that needs to be made to your agreement.

4.  FINANCING

Most home sales require the buyer to have a mortgage to be able to pay the purchase price.  The terms and conditions of the loan can be very complex, and the process may take longer than is provided for in the contract.  Your lawyer can help guide you through this process, and renegotiate as needed to allow more time before the closing so that your mortgage is approved.

5.  CLOSING

Throughout the closing itself, you will be presented document after document to sign.  In order to be sure that all the documents are correct and appropriate, and that you understand what you are signing, you will have your attorney right there going through it all with you.  Additionally, there may be some last-minute items to renegotiate, if there is any problem when you do your final walk-through of the house that day.

Even after you leave the closing, your lawyer should still be following the rest of the process to be sure that the deed and mortgage are recorded, and the title policies are issued.

2/22/12

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