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Michael Helfand

 

 

 

Surprising news for most parents, if your child is being bullied at school, your hands could be tied when it comes to litigation options. Sounds absurd, doesn’t it? If a child is in the school’s care, isn’t it their job to ensure that the child is safe and unharmed from bullies? Not according to the law.

While it might not make commons sense, as a parent you do not have the right to sue the school on behalf of your child because individual states do not the actual duty to protect individuals from mental or physical harm created by a private party. The state is in fact liable for the actions of a private party, but only if it creates or contributes to the danger or makes a citizen more vulnerable to that danger.

In plain English, if the principal is watching your kid get beat up and does nothing about it, but encourages the kids to fight, the school is in trouble.  But if it’s just happening at school, even if the school is aware of it from your complaints, the school isn’t liable.  So your kid could get pummeled into a coma and you might not have a claim.

In a recent case, a young girl in Indiana was ridiculed daily by her peers while the staff of the school stood by the wayside. In this case, the child was not just teased and mocked. She was followed; she had her chair kicked out from under her in the middle of class. She was forced to participate in sports events with broken toes. All the while her teachers joined in the laughing.

So, if a teacher hears about the bullying, and goes so far as to laugh about it, unless she joins in the bullying, she has done nothing wrong in the eyes of the law. If there is no proof that teachers, coaches, and other professionals have done anything to further the bullying, and perhaps have even disciplined the bullies once in a while, that’s called “good enough.” If classmates torture a child for five years throughout elementary school, and all of the educational professionals are aware of the issues, but still do nothing to stop the bullying, same result. No harm/no foul.

Parents put themselves in a very hard situation at that point. If they approach the bullies themselves, they face the consequences of perhaps not being allowed on school property, or worse. What if it is a small-town feel kind of county and as a parent, you tried to protect your child by switching schools. The new school taking a bias to your child right off the bat because they are aware of the constant complaining about the bullying. What do you do?

Again, in the eyes of the law, nothing. Unless you can prove that your child was intentionally treated differently from other kids in a similar situation, unless you can prove the educational staff and professionals actually engaged in the bullying and teasing, unless you can prove that the school was aware of the mistreatment, your hands are legally tied. I’m shaking my head too and don’t understand.

You would think with the big media push on anti-bullying these laws would change. That something would change. You would think in this day and age we wouldn’t still have to be worrying about a bully in our schools wreaking havoc on our children. It still exists. Bullying is an epidemic taking over our schools. Hopefully, a solution will be found soon.  The law as it stands is ridiculous.  But one thing we’ll never do as attorneys is tell you that you have rights that don’t exist just because it’s what you want to hear.

Full disclosure, I’m a soccer nut.  I’ve traveled the world to support the U.S. Men’s and Women’s National Teams and never miss a televised game.  I’m also a dad and a hater of dumb laws that aren’t well thought through.  So while I am soccer crazy and want the U.S. Men to win a World Cup in my lifetime, I have to call out the United States Soccer Federation (“USSF”) for putting in place a mandatory rule that will discourage kids from playing soccer.

Currently there are approximately 3 million youth soccer players aged 5-19, 85% of whom are under the age of 14.  This does not include more than 600,000 who play AYSO, which is pure recreational soccer. The great majority of these players will never play professionally, and having been a youth coach for five plus years, I can tell you that the great majority don’t have that as their goal.  I coached a pretty competitive team last year full of amazing kids, and when I asked them their favorite thing about playing, the runaway winner was “playing with my friends.”

From that list of 3 million youth players, 52% are male, which comes to 1,560,000 players.  According to Wikipedia, there are currently 559 male professional players born in the United States playing somewhere in the world for money.  From that list, there are 26 players from Illinois, four from our neighbor Indiana, two from Iowa and six from Wisconsin.  So your odds of becoming a pro, even if you are a stud player, aren’t that great.  I watch a crazy amount of soccer, and I’ve never heard of any of the six from Wisconsin.  None of them play for major clubs so while they may have aspirations, they aren’t yet making a real living at soccer.

The point I’m trying to make is that while it’s great to strive to be an amazing soccer country, the rules of YOUTH soccer should not be changed to help the .036% that will play professionally, most of whom will not even play for Major League Soccer.

What the USSF wants to do is to group kids by the calendar year in which they were born.  That may not sound like a big deal to you, but currently, the USSF  groups kids by the grade they are in.  The calendar for the current grade-level system runs from August 1 to July 31st which mirrors (or is at least close to) how most schools recommend you place your child in a grade. So a child born October 20, 2005 would currently be a u10 player, as would a child born March 10, 2006.

The way age brackets are currently set up makes sense, because the two kids in my example would likely be in the same grade.  Most youth clubs enroll kids from a relatively small geographic area, and the kids I’ve coached love that they get to play with their classmates and friends from their neighborhood.  It encourages their soccer development because it’s more fun and they may end up playing soccer together at recess.  It also gives them more common ground on the soccer field.  The experiences of a 5th grade elementary student are much different than that of a sixth grade middle school child.  In general, these kids just want to be with their friends.  If they can’t do it in soccer, they’ll do it in basketball, lacrosse, baseball or something else.  Most of these kids, even the amazing players, don’t just play one sport and the USSF shouldn’t motivate them to pick a different sport.

As kids get older, it also makes sense from a practical standpoint to organize by grade.  Once you hit high school, club soccer stops during the high school soccer season.  I’m in favor of that, because only the elite kids should be playing club ball year round at that age and the rest should be encouraged to play for their school.  What will happen with the USSF change to calendar year, is that club teams will be made up of 8th graders and freshman in high school.  The 8th graders won’t have enough teammates to play during the high school season (which is about four months) because you aren’t allowed to do both at the same time.  So what will happen is good players won’t be able to play and develop which is surely against the goal of this reform.

The same problem will happen to older high school seniors.  Anyone who is going to turn 18 before December 31 would be considered a u19 player, whereas before they’d be considered u18. In most places, their former teammates will be off to college or working, so they too will have great challenges when it comes to fielding a complete team.  Many just won’t be able to play.

The goal of this change is to mirror how leagues are run in other countries, as well as to align with how national team age groups are made.  That might work well in another country, but the difference is that in places like Brazil, England, Germany, Spain, etc., soccer is “the sport.”  You don’t make it “the sport” in the United States by forcing kids away from their friends.

I also wouldn’t discount the fact that many kids in the U.S. are signed up for teams not because their parents love soccer, but because they hear that one or more of their kid’s classmates signed up to play. Your social circle as a parent often becomes the parents of the kids who go to school with your kids.  If they learn that their six year old can’t play with their friend, just because they were born in different years, they’ll be more likely to have them do some other sport or activity, especially if they can only make it work via carpooling.

Growing up in Chicago, I was a lousy back up goalkeeper on an amazing team.  My senior year we finished second in the state. The top juggler on our team had a high of around 200 juggles which we all thought was amazing. Now the top nine year old on my son’s team has a high of 700 and there is another kid who can do 400.  Kids today are much more talented than the ones I grew up playing with, and I played against US soccer great Brian McBride, and with and against a bunch of kids who played high level college soccer.

The point from the little juggling tale is that the soccer development for interested kids right now is incredible. I didn’t start playing year round soccer until high school.  Now kids as young as six can play year round.  I used to think that was nuts, but then I met some dance moms and learned about their daughters’ crazy schedules.  American kids now are amazingly more skilled, and thanks to all of the soccer on TV and on the internet, they get to watch incredible players all of the time.  So the foundation has been laid to create some incredible, world class players, and it wouldn’t surprise me at all, if in 10 years, there were more than 1,000 American citizens who played professional soccer.

What the USSF has done well is create competitive academies where the best players can be pushed and thrive.  This, in turn, has lead to great instruction and technical and tactical development.  They are changing the focus from winning to development, and having younger players participate in games with fewer players (e.g., 4v4 instead of 6v6) so they get more opportunities to touch the ball.  I would like to see them also mandate roster sizes so kids get more playing time.

What the USSF has done terribly is change the rules for the sake of the .036% at the expense of the three million who will never play professionally and don’t want to.  This new rule, which will be mandatory by 2017 if it’s not reversed, does not meet the goal of developing better players.  It simply serves to discourage good young athletes and drive them to choose other sports or activities.  It’s no better than a terrible law on child support or anything else.  And if you see a terrible law, you need to speak up before it causes great harm.  According to U.S. Soccer Youth Technical Director, Tab Ramos, this change will help the Federation identify potential players for national teams.  So again, we are going to mess up the experience for almost everyone for the sake of a few. It’s also a cop out as the rule does nothing to identify the strongest players as most of those will be playing up an age group anyway.

In my own life, I have a son who is pretty talented at soccer, although I have no illusions of him going pro and, quite honestly, just want him to love the sport and hopefully play it or something else in high school.  He’s also a strong basketball player and, unlike me, is not destined to be a six-foot power forward.  His two best friends with whom he has played soccer with since they were five, are born in different calendar years. My son was born in 2006, and was told that when this is implemented, he can choose to play with the 2006-born boys or the 2005-born boys since he’s a strong player.  Either way, one of the three amigos will be without the other two.  His two buddies also play hockey and baseball.  It would not surprise me at all if the one who gets left behind focuses on his other sport.

Of course kids can play soccer without their best friends, and one day it might happen anyway.  But why would USSF make that happen sooner than it has to, especially for pre-teens?  It’s a terrible rule which hurts kids, hurts the game and should be reversed.

Generally speaking, attorney’s fees are the responsibility of the executor of the estate. The executor is the person assigned to carry out the terms of the will. The executor usually is authorized to pay the attorneys fees out of the estate before distributing the assets to the beneficiaries.

As for the fee arrangements with the attorneys, there are a few different arrangements in probate matters. Attorneys cannot always predict the complications that might arise throughout the course of the lawsuit. Most probate matters are straight forward without thousands of dollars for attorney’s fees. Quite often the Illinois probate attorneys we suggest will only require clients to pay upfront the court costs and will wait until the probate estate is officially closed before they take a fee.

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A second fee arrangement is a contingency fee arrangement. In a contingency fee arrangement, the client pays nothing unless he or she ‘wins,’ meaning they recover some money or property from the lawsuit. Under a contingency fee arrangement, the attorney advances all the fees and costs incurred by the case, and the client and attorney agree on a percentage of any final award that the attorney will keep if they recover. If the client does recover, the attorney first gets paid his percentage share of the final award (ranging from 20 to 40 percent), and then reimburses the costs and fees which he advanced in pursuit of the client’s claim. If there is no recovery then the attorney receives nothing. It’s a risk/reward proposition.

Although they are a possibility, contingency fee arrangements in probate cases are not very common. They are most common in cases involving a contested estate. We do know some well-qualified attorneys that will consider such cases on a contingency basis, so if this is of interest to you, please call or email us for a referral. Contingent fees are only appropriate in a contested estate case where one party is disputing a will.

Finally, some attorneys will also set a flat fee for the client in probate case. A flat fee is arranged in advance as a “final amount due” based on the attorney’s estimate of how much time and work will be required. As previously mentioned, predicting the life of a probate matter is often very difficult, hence flat fee arrangements are generally reserved for simple probate cases where no contest or complicated assets are involved.

Every probate attorney we recommend will talk to you for free and help you decide what fee arrangement is right for you. If you have any questions or need a recommendation, please do not hesitate to contact us.

We often get e-mailed or called by people who don’t think they can afford a lawyer and wonder if they can represent themselves. The quick answer to that is you could also remove your own appendix, but we don’t recommend that either. In reality though, in some cases it’s fine to represent yourself and in others even if you don’t think you can afford a lawyer you probably can.

If you have a very minor matter like a speeding ticket, you can probably get a good result on your own if it’s a first offense. If you want to file for social security benefits for the first time, you don’t need a lawyer, you just need to file. Preparing your own will or filing your own divorce papers is a little bit trickier. It’s certainly possible to do that on your own, but the more that is at stake, the more you should consider if that’s a good idea. In other words, if you have no kids, no money and no property and have been married for a year, there isn’t much for you to mess up by filing for divorce on your own as long as you are comfortable with your ability to properly fill out the paperwork and appear in court. On the other hand, if you are fighting over custody of a child, a retirement account, property, etc., you could really screw up your case, especially if the other side had an attorney.

For more technically complex cases like a medical malpractice lawsuit, we would be beyond shocked if a non-lawyer could successfully pursue a case without an Illinois malpractice law firm in their corner. In fact, we regrettably saw one case where there was malpractice, but for some reason the plaintiff tried to file his case on his own before seeking a lawyer. He made a mistake with the initial paperwork that barred his case forever.

In malpractice cases along with many others (workers’ compensation, social security appeals, personal injury, some collection cases, some commercial litigation cases) it is possible to have an attorney represent you that will work on a contingency basis which means that they only get paid if they make a recovery for you. In some of these cases, like a car accident, it’s not un-common to see an individual try to negotiate something with the insurance company without a lawyer’s help. The problem with this is not only do many people do things that hurt their case (such as providing a recorded statement), many insurance companies will make a low ball offer that doesn’t come close to fully compensating you, but discourages a lawyer from wanting to come and help out. In plain English, you get the choice of filing a lawsuit yourself or accepting well below what you likely would have received with an attorney.

The other big fear with trying to handle things on your own is that often by doing so you prevent an attorney from being able to help you or you can create a mess that is too big to clean up.

We understand that there are many cases where not having the money to hire a lawyer forces your hand. If you aren’t getting child support and the state won’t help you, it makes sense that you would file a case on your own if you can’t afford what can be expensive attorney’s fees. Just rest assured, if you have doubts as to whether or not you need an attorney or can represent yourself, we are happy to answer those questions. In general know that for most family law cases (divorce, child support, custody, etc.) you do need to pay a lawyer by the hour and it’s usually at least $1,500-$2,500 up front depending on where you live. For most injury cases you can find a law firm that will only get paid if they are successful.

If you are confused or have questions about whether or not an Illinois law firm is needed for your situation, please do not hesitate to contact us at any time.

Legal malpractice cases can be hard to win. One of the obstacles is proving “damages.” Damages is the legal term for the amount you were harmed. In other words, you don’t win a legal malpractice case by just showing that your lawyer made a mistake that made you lose your case; you have to put a price on it. You have to show the court what, exactly, you would have won or what the harm you suffered is worth.

The reason this is difficult is because damages in legal malpractice cases are often speculative. Your case did not go as planned, so you don’t know for sure what you would have gotten in the end. You have to convince the court that had your lawyer handled it correctly, you would have won. Then, you have to prove to the court the amount you would have recovered.

For example, let’s say you were hurt in a car accident and you were suing to recover the cost of your medical bills — $30,000. Your lawyer fails to file your lawsuit by the deadline, and the judge dismisses your case forever. In your malpractice lawsuit against your lawyer, you will have to convince the court that if the lawsuit was filed on time you would have won. Then you have to show how much you would have won. In this case, you were suing for a specific dollar amount based on specific bills. Your damages for the bills can be proved as $30,000.

It gets more complicated if your mishandled case involved something less quantifiable, such as payment for pain and suffering. Let’s say you were suing a doctor for medical malpractice after a botched surgery, and you were seeking $500,000 for pain and suffering. Even if you can prove that you would have won if your lawyer hadn’t messed up, it will be very hard to prove that you would have gotten the $500,000, or any amount for that matter. There are so many ways a case could turn out. Medical malpractice cases are extremely complex, and on top of that, they involve decisions by a judge and jury that are impossible to predict. (Sometimes, a lawyer will send a client a letter saying how much they believe their case is worth. This sometimes helps prove damages in a legal malpractice case against that lawyer.)

Even more difficult is the case where money isn’t involved at all. For example, let’s say you were suing for custody of your children and your lawyer forgot to call a key witness to testify. If you lose the custody case because of this error, you would want to sue your lawyer. But you would have a tough time. Even if you manage to prove that calling the witness would have allowed you to win, your case will likely end there. Proving the next part – damages – is nearly impossible.

Illinois legal malpractice attorneys usually work on a contingency basis which means that they only get paid if they are successful proving the case and the amount they receive is a percentage of the total recovery. If they don’t think that they can prove damages they won’t take the case.

We know this sounds discouraging, but don’t make a decision on your own. If you think you have a legal malpractice case in Illinois, please contact us. It’s important to get advice from an experienced legal malpractice attorney – one that will be upfront and honest about your chances of success. Every case is different, and we’re here to help. We will give you an honest evaluation of your possible case and if we think there is a lawyer for you, we will make a recommendation. Your calls and e-mails are completely confidential.

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You’ll likely get a lot of unsolicited advice if you’re going through a divorce. It can leave you overwhelmed and not knowing what to do. We won’t claim to give you the ultimate secret to a perfect divorce. These things are inherently messy and uncomfortable. But here are a few tips that might help you survive and perhaps get what you want in the end.

– Everything that you and your spouse acquired during your marriage, from the couch you bought to the amount of retirement savings you built up, and even a business your spouse or you started, is considered “marital property.” The law says both spouses are entitled to a portion of any marital property. It usually doesn’t matter whose name is on it or whose salary went to pay for it.

– Child custody and visitation are based on the best interests of the child. This is a legal standard that the judge uses in making any orders on where a child lives, who has decision-making power, etc. Don’t make the mistake of assuming you’ll get what you want because of the status quo. Details matter. Document the quality time you spend with your child or children and what you provide them with on a daily basis. Make the same notes on what your spouse contributes.

– Set goals, and try to focus on the long term. We know you can’t take all of the emotion out of a divorce, but the more you can the better your decisions will be. Think about what you want for yourself and your children in five years, not just in the coming months.

– Hire a good lawyer. We know this seems like obvious advice coming from a bunch of lawyers, but if you don’t have someone to guide you through the process and fight for your goals, you might end up far from where you had hoped. You can’t expect any help from your spouse’s lawyer or the judge, so it’s really a risk to handle things on your own or with a lawyer who doesn’t have the experience to get things done.

– If your divorce is messy, don’t take any advice from your spouse. And don’t let them get you into a state of mind where you are fearful that you’ll lose everything. Don’t let threats get to you. Getting support from family and friends is important, but only take legal advice from your lawyer.

If you have questions about any of this or want an attorney referral, call us at (312) 346-5320 for a confidential, free, consultation with one of our staff attorneys.

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A caller to my office last November was seeking “the best Chicago medical malpractice law firm.”  There’s no such thing, but there are a handful of elite ones and I connected him with one of those.  He saw their website and incredible track record of success and was impressed by them.

He called me the other day very frustrated.  It had been six months and the firm I referred him to had not yet completed their investigation.  In his mind, he felt as if they didn’t think that he had a case.  It shouldn’t take this long he reasoned.

I explained to him that this was not only normal, but that it would be odd if he had heard something by now.

Illinois medical malpractice lawsuits are marathons, not sprints.  It takes a long time to gather every relevant medical record.  Once you do that, most firms we recommend have an in house team (often of nurses or doctors) who take an initial review of the records.  They then determine if the case should be referred out to an expert for review.

Experts are usually doctors in the same field of medicine that the malpractice involves.  In some cases you might need more than one expert because lots of mistakes happened.  Or it could be because we don’t know which medical provider (if any) was negligent.

These experts serve as witnesses and you can’t file a lawsuit until one of them says that you have a case. They are extremely important so your lawyer, if they are doing their job, will find a good one.

The problem is that the best ones are in high demand and also have very busy medical practices.  So if you send them records to review on May 1, it might not be for a few months until they actually get to them.

So in general it takes 6-18 months to really pull a case together.  This is why it’s so important to find a good law firm as soon as you suspect that negligence has occurred.  Malpractice lawsuits are nothing like a car accident where you can file a lawsuit the next day.  The need for an expert serves as a safety net for making sure that frivolous lawsuits aren’t filed, but it also makes these cases take a long time.

Even once you have an expert, in most cases the case has only just begun.  Going to trial takes a lot of time and it’s not unusual for it to be years before you get in to court.  The more complex the case or the more defendants that there are, the longer it will take.  Our firm was recently involved in a case that was started in 2004 and settled this year.  That’s a really long time and not normal, but it can happen.

This can be frustrating and I get that.  But the long term goal is making sure justice happens and that we prevent this type of negligence from happening to someone else.  If the case is rushed or handled by the wrong firm, it will go nowhere.  So be patient and know that if it’s taking a long time, it’s unfortunately the way these cases work.

There are a limited number of locations in the state of Illinois for disputes involving work injury claims. One of these locations, called a hearing site, is in Wheaton in DuPage County. The address is 421 N. County Farm Road, which is the DuPage County Government Center. Your hearing location is where your case will be heard and where you will go if there are hearings or status conferences for your workers’ compensation claim.

We know all of this can be overwhelming when you’re focused on your injury and trying to get better. When you call our office, we will talk to you about hearing sites, arbitrators and anything else you need to know. If you need a referral to one of the workers’ compensation attorneys we work with, we will gladly recommend the person we believe is best for your particular case. There is no charge for our service.

Work injury claims are handled by arbitrators, who are like judges in that they monitor the progress of cases and make decisions when there are disputes. The other reason hearing sites are important is because we recommend that you hire an Illinois workers’ compensation attorney who is familiar with the specific arbitrator assigned to your claim. If your lawyer has a good reputation and a working relationship with the arbitrator, it can help you out. It doesn’t guarantee a result, but we believe hiring the right attorney puts you on the right path.

All Illinois workers’ compensation claims first get filed with the Illinois Workers’ Compensation Commission in Chicago. From there, claims are assigned to an arbitrator at a specific hearing location. To know for sure whether your claim will be heard in DuPage County, take a look at the list of cities below. Your claim will be assigned to the Wheaton hearing site if:

  1. You get hurt in one of the cities listed below. Even if your office is in Chicago or another state, if you are hurt in one of these cities you can pursue benefits in Illinois and will have your have your claim heard in DuPage County.
  2. You were physically hired in one of the cities below, but hurt in another state. For example you could be offered a job while interviewing in Naperville, but then transfer with your company to Milwaukee. If you had a job accident in Milwaukee you could still pursue benefits in Illinois even if you haven’t been here for years.
  3. If your employment is principally located at one of the cities below, but you get hurt out of state, you can still seek workers’ compensation benefits in Illinois and the hearing site would be Wheaton.

There are three arbitrators who hear disputes at the Wheaton hearing site. These arbitrators are Chicago arbitrators who are assigned to hear cases in Wheaton. The arbitrator you get is randomly selected after you file your Application for Adjustment of Claim, which is an official claim for benefits. It’s helpful to your case if your law firm knows the Arbitrator assigned to your case.

This can be confusing, frustrating and scary. That’s ok, we are here to help.  If you have general questions or would like us to refer you to a DuPage County work injury law firm please click the contact us button at the top of the page.  All inquiries are free and confidential.

While most criminal charges in Illinois are filed in state courts, some crimes are prosecuted in federal courts, including white-collar crimes, some drug cases, and violations of federal law. Although the basics are the same, federal court operates a bit differently, with unique rules for motions, hearings, and timelines.

In order to be successful in defending federal charges, we believe you need someone who has years of experience and understands how to evaluate and defend federal criminal cases. In other words, just because a lawyer is great at defending cases in Illinois state criminal courts does not mean they are the right lawyer to defend a federal criminal charge in one of the Illinois federal crime districts.

We are a lawyer referral service dedicated to helping people find a lawyer who is a great fit. Federal charges can be serious and we know that you want a referral you can count on. When you give us a call, we will talk to you about your situation and recommend the Illinois lawyer who we believe can best handle your defense.

When recommending an attorney, we consider their background, reputation, experience, advocacy skills, personality, customer service, and anything else that is important to you. We know some of the most experienced and successful attorneys and law firms in Illinois with practices focused on federal criminal defense work. While we cannot guarantee a certain result, we can ensure that your case is evaluated and handled by an incredibly qualified attorney.

Federal experience isn’t the only characteristic we look for when recommending an attorney. Here are some other qualifications we think are important:

  • They have at least ten years of experience representing federal criminal defendants.
  • They have represented at least 100 clients in federal criminal matters.
  • They are usually former federal prosecutors, federal public defenders or have been doing federal criminal defense for so long that they have established relationships with current prosecutors and judges.
  • They have extensive knowledge of the intricacies of the federal court system.
  • They have a strong reputation in the legal community for federal criminal defense work.
  • They have demonstrated success measured in results on previous cases.
  • They keep their clients informed of all important developments, plea offers, and evidentiary discoveries in the case.
  • They treat their clients with respect and promptly return all phone calls and e-mails.

There is no such thing as the “best” federal criminal defense attorney. Instead, we try to help you locate the best federal criminal defense attorney for your unique case. If you have any questions about federal criminal laws or would like a referral to an experienced federal criminal defense attorney in Illinois, please do not hesitate to contact us. Our service is always free.

See also: Federal crimes and possible penalties

 

The purpose of probate law is to administer a decedent’s estate, with the objective of resolving claims and properly distributing assets. Probate law is complex and retaining an experienced Illinois probate attorney to assist you with conflicts increases your chance of successful resolution. Probate lawyers handle a variety of issues related to inheritance and property of deceased individuals. They deal with the legal process of validation of wills, the organization of the assets of the deceased, and ensure all the debts and taxes of the deceased are paid.

There is no one firm that is best for every situation. Instead we think you need to consider the unique facts of your case. We have several guidelines and characteristics we look for in Illinois probate attorneys before we recommend them to you.

We think any lawyer you hire should have at least 7 to 10 years of probate experience. Most of the attorneys we suggest have been licensed to practice law for over 20 years. That doesn’t mean that a younger attorney couldn’t successfully do the job. Rather we believe that a more seasoned lawyer will have seen every possible issue that could come up in your case. The last thing you want to do is hire a lawyer who gets surprised because some issue comes up that they have never handled before.

In addition to regularly handling probate matters, the attorneys we recommend also know enough about other related legal fields. Probate cases often overlap other areas, such as real estate, taxes, finance, and estate planning. An attorney with experience and knowledge of real estate transactions, tax liabilities and laws, and estate planning has the additional skills needed to craft effective case strategies. For example, if the decedent had extensive real estate holdings, the lawyer should also know something about real property law.

A good attorney, no matter what area of law he or she focuses in, treats their client with the utmost respect and courtesy. Your probate attorney should consider the best needs of the client when making any decision or recommendation. That is why we recommend attorneys that communicate well with their clients.

With probate, especially if you are dealing with a contested will, we highly recommend that the attorney you hire regularly appears in the court where the case will be heard. This is harder to provide downstate, but for Cook County probate cases the attorneys will typically be in Chicago because that is the only location for hearings in the area. If the attorney you are thinking about hiring is in the suburbs on a Cook County case, it’s a sign that they might not do a ton of this work. If they did they’d be commuting every day which would disrupt their practice.

Above all, any attorney you hire should treat you with respect, answer your questions, provide monthly billing statements and work to meet your goals in a timely fashion. Some law firms are great on handling the case, but if they don’t provide customer service the client won’t be happy. Your choices are usually not limited so you can and should demand good service.

We often get calls from people who want the “best probate lawyer” in Illinois. In reality, there is no such thing as the “best” lawyer in Illinois, however there is such thing as the best lawyer in Illinois for your situation. The probate process in Illinois can be complex and confusing. If you have any questions or would like a referral to a qualified and experienced Illinois probate attorney, please contact us.  It’s always free and confidential.

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