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Michael Helfand

The difference between us and a bar association referral list

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Not all referral services are the same. Actually, scratch that. Most of them are the same, but ours is very different. With us, you will get an attorney recommendation based on the particular facts of your case, not just the general area of law you’re dealing with. Our recommendation is also based on the experience, reputation and success of the attorney we are recommending. Our goal is to find you the right attorney, not just any attorney.

If you call a bar association or other referral source, you are most likely going to get a name off a list from someone who may not even know the attorney or their qualifications. It’s a list that attorneys pay to be on, and when you call, you simply get the next name on the list. That’s it. The fact that they are on the list is in no way a statement of their experience or past success. It doesn’t mean they are respected in the legal community or that they have handled a case similar to yours in the past. In our opinion, you might as well pick a name from the phone book.

The attorneys we recommend do not pay us to recommend them. We choose them, and we do so based on the qualities described above. And we will talk to you about your legal issue first. A lot of people wonder if they even need an attorney. Some don’t know what type of attorney they should hire. We are attorneys, and we will answer your questions. We try to be straightforward and upfront about what you need and what you can expect.

No two cases are alike. And some are very unique. If you don’t take that into consideration when looking for an attorney, you’re not giving yourself the best chance at success. If you need a criminal defense attorney, it matters what type of charges you are facing. Sometimes your attorney’s location matters. Sometimes you need an attorney who has a good rapport with the judge or a firm that has extensive resources. And sometimes you just need someone with a particular type of personality that you can work with. All of the details matter.

We don’t charge people to use our service. It’s completely free to call and talk to us, and if you need a referral, that’s free too. You can contact us online or by calling us at 312-346-5320 or 800-517-1614.

Don’t co-sign unless you’re willing to pay the entire debt yourself

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When you co-sign for a friend or family member, you’re doing them a big favor. You are letting them use your good credit and reliable income, and it’s usually because theirs isn’t good enough. The creditor, whether it’s a mortgage lender, car dealer or landlord, thinks it’s too risky to lend to your friend or family member. But, they’ll do it if you sign on. There’s nothing wrong with wanting to help someone you care about. Just make sure you know what you’re agreeing to.

In addition to signing paperwork for the loan, you should be given a document that explains the obligations of a co-signer or “guarantor.” It’s meant to alert you to the responsibility you’re taking on. It might include the following warnings:

• You are responsible for payments the other party fails to make

• You are responsible for the entire amount of the debt

• You may have to pay late fees and collection costs

• You can be the subject of debt collection procedures

• You can be the subject of a lawsuit to collect the debt

• Your wages can be garnished

• Your credit score can be affected

When you co-sign, you are the safety net. You should be prepared to pay if the other person doesn’t. No matter how much the other person promises that they will pay, you can’t guarantee that they will. Make sure you’re prepared for that eventuality.

On a related note, never lie in order to get a loan or financing. We’ve heard from people who were asked, by the lender, to lie about their employment in order to get approved. They were actually told to sign paperwork that listed a completely fake job. Don’t let a lender coerce you in this way. Even though you didn’t make up the lie yourself, if you sign it, you may as well have.

If you have co-signed and the creditor is coming after you for payment or you’ve received a notice in the mail that you have to pay, talk to an Illinois attorney about your rights and obligations. Don’t wait too long – your credit history could be affected. The creditor may not be able to come after you in certain situations. An experienced attorney can talk to you about any available defenses.

The importance of an autopsy in a potential wrongful death case

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If you are looking for information on wrongful death lawsuits, then you probably suspect that negligence was to blame for the death of a loved one. You might be able to sue on behalf of your family member who passed away, forcing the defendant to pay for their wrongdoing.

We know it’s a very difficult time to get through, yet any lawyer will tell you that you should start the legal process sooner rather than later, if possible. And if you are going to file a lawsuit, there are some things you can do right away to give your case a good chance of success. One of these things is getting an autopsy.

We’re sure it’s not at the top of your list, but getting an autopsy can be extremely important, especially for medical malpractice cases. In any wrongful death lawsuit, you’ll not only have to prove that the defendant was negligent, but you’ll have to prove that their negligence caused the death of your loved one. So being able to prove the cause of death is extremely important.

The decision to request an autopsy is an emotional and uncomfortable one to make. And unfortunately, it’s one that needs to be made fairly quickly. In cases of medical malpractice, the health care provider might tell you that an autopsy is unnecessary because they already know the cause of death. Or maybe the cause of death seems clear to you, as well. But it might not be the whole story.

Not getting an autopsy doesn’t always end your chances of having a good case, but many times it does. Without clear proof of cause of death, it’s hard to prove the defendant was at fault. If you have questions or need guidance, give us a call. We’ll talk to anyone for free about any Illinois legal issue, including the importance of requesting an autopsy if you have a potential wrongful death case.

Overview: Mediation in your Illinois divorce or custody case

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Mediation can be an efficient way to settle your divorce case, if it’s right for you. A mediator is an unbiased third party who meets with you and your spouse to reach an agreement on the various aspects of divorce. The job of the mediator is to suggest solutions and help bring the two sides closer to agreement.

If you and your soon-to-be ex can barely even speak without arguing, you might think mediation isn’t an option for you. It could be worth a try anyway. Mediation is confidential and non-binding. It cannot be brought up in court if the mediation fails and you end up bringing your case before a judge instead. If you try and it doesn’t work, then you can still go to court and have the judge hear your case. If mediation does work, and you reach an agreement, that agreement is then submitted to the judge before it becomes final.

In Illinois, mediation is not required for every divorce, although the judge can always make it a requirement in your case. Mediation is required, however, in cases (including divorce cases) that involve child custody or visitation issues that cannot be resolved. In fact, mediation is required whenever child custody is an issue, even if the parents were never married. After a case involving custody or visitation is filed, the court will then order mediation, unless there is good reason mediation is not appropriate. In cases of domestic violence, for example, mediation will likely not be ordered. The same is true in cases where there is substance abuse or mental illness.

You can hire a private mediator, or go through the courts. Some mediators are lawyers with experience in family law cases; others do not have a law license but should have completed a training course. In child custody and visitation cases, the mediator will keep the best interests of the child or children in mind. The same is true for cases involving a request to move a child to another state. In divorce cases, the mediator’s job is to help both sides reach a compromise that they can both agree to. Even if the mediation itself is mandatory, you are not required to come to an agreement. And any agreement you do come to is not binding. When you submit an agreement to the judge and the judge signs it as an official order, then your agreement is binding.

The benefits of mediation in divorce include saving money, time and even stress. Going though litigation and approaching conflict from the extremes typically involves higher legal fees. And the process can take much longer, with delays caused every time there is a disagreement. Not every case can be resolved in mediation, and in those cases, going to court with an attorney and taking an aggressive approach might be necessary to protect your interests. But because mediation is not binding, and arguably gives you more control over the outcome, there’s a good argument for at least trying.

Even if you predict that you will end up in mediation, consult with an experienced Illinois divorce and custody lawyer, too. You’ll still need someone to make sure your interests are protected. Your mediator should not be giving you legal advice. Your attorney will review any agreement you come to in mediation and can suggest changes and help you understand every aspect of the agreement. Don’t wait until after an agreement is reached to talk to a lawyer.

If you have questions about how mediation might work in your case, let us know. There are pros and cons to pretty much everything in life, including mediation. If you think you might find yourself in family court in the near future, learn about your options.

Trucking accidents are causing deaths at an alarming rate

Semi-truckHow would you react if a commuter jet crashed every week and killed everyone on board? You would be outraged, and so would the entire country. This is essentially what’s happening with the rising number of trucking accidents across the United States, but not many people are talking about it.

Fatal truck accidents are happening at a rate of 11 times a day, killing roughly 4000 people a year. There are advocacy groups out there, representing the families of those killed, but it’s not something the general public hears about all that often. The accidents and resulting deaths are spread out geographically, so you’re not likely to know about them unless there’s a news report about a specific accident in your area.

Common culprits in these accidents seem to be unqualified or over-tired drivers, and old trucks in unsafe condition. Lobbyists, of course, argue that other motorists and not the truck drivers are to blame for the majority of the accidents; many disagree. But regardless of blame, people are dying as the result of the growing demand within the trucking industry.

All drivers have to follow the basic rules of the road, but truckers are required to follow additional regulations that were specifically made with trucking safety in mind. It’s a pretty long list and includes laws about how long truck drivers can be on the road at a time and what they have to do to inspect their trucks and make sure their vehicles are properly maintained at all times.

When someone is seriously injured or killed in an accident with a truck, they or their family members might have a lawsuit against the driver or trucking company. In general, a lawsuit is appropriate when the accident was the fault of the driver or due to unsafe practices within the company.

It’s important to gather evidence quickly in these cases, as they are usually more complicated than accidents involving two passenger vehicles. Most trucks have a computer on board, and obtaining the data from the electronic systems is important. Next, there are other records to gather, including maintenance history, driver history, etc. All of this is used to determine the cause of the accident and pinpoint who was at fault. And most importantly, evidence needs to be preserved immediately. There are Illinois injury attorneys who have experience in these cases and know how to do a thorough investigation and make a strong case, and they know how to act fast.

There are thousands of personal injury attorneys in Illinois, but they aren’t all equal. We recommend hiring someone with significant experience – and success – in trucking cases. If you have what lawyers call a “good” case, meaning fault is fairly clear and damages are significant, then you might have a lot of lawyers eager to take on your case. It’s still important to choose wisely in order to give your case the best chance at a successful outcome.

In addition to experience, you want your law firm to have resources. Accident investigations, especially ones that get off the ground right away, cost a lot of money. Your lawyer should front these costs, but they can only do this if they have the money. You don’t want your lawyer skimping on your case because they can’t afford an aggressive approach.

So, beware of ambulance chasers or others who see dollar signs but don’t know what they’re doing. In our opinion, there are only a handful of Illinois law firms we’d recommend for a trucking accident. These are firms and attorneys we would hire ourselves if we were in a similar position. If you’d like our take on your situation, give us a call.

Five things you should know about child support in Illinois

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Whether to go after child support is a big decision. Maybe the other parent is already paying what they can. Maybe you don’t even know where they are. In either case, a family law attorney would likely advise that you get an official order from the court. Here are some things to know.

  1. Many people pay based on income. Illinois law has a formula for figuring out how much child support should be paid. The judge can alter the formula if the circumstances warrant a change. And parents can always agree to a different arrangement, although we don’t recommend agreeing to a child support amount without advice from an experienced family law attorney. The law sets forth minimum guideline amounts based on the paying parent’s net income and the number of children in need of support: 20% for 1 child; 28% for 2 children; 32% for 3; 40% for 4; 45% for 5; and 50% for 6 or more children.
  2. Get a child support order. Although the parent making the payments might do so without a court order, it’s wise to have one anyway. If your situation ever changes and payments stop, you can enforce the order. Enforcement can include wage garnishment, but without a court order you won’t be able to go that route. Don’t rely on oral promises.
  3. Child support for college is not automatic. If you want child support to continue past the age of 18, you can get a court order for that, as well. Not every request is granted. The judge will take into consideration the income of both parents, the income (if any) of the child, as well as the child’s academic standing. Child support for college can include tuition, as well as room and board and other expenses, including healthcare.
  4. You can modify child support in some cases. If there is a court order in place, but things change, you can request a modification. Just know that you will have to prove to the judge that there has been a significant change in circumstances. Sometimes, the parent making child support payments faces sudden financial hardship. If this happens to you, don’t stop paying without first going to court and modifying your obligation.
  5. There is no deadline on collecting court-ordered support payments. Once you have a child support order in place, those payments can be collected if unpaid. We hear from some children wondering if they can collect past-due child support that their parent failed to pay when they were younger. The answer is that the child themselves cannot collect, but the parent can, if they had a court order. There is no deadline, so it’s never too late for that parent to collect past-due payments.

When hiring an attorney for a child support issue in Illinois, look for someone who focuses their practice on child support law and helping parents exercise their rights in this area.  We can help you find the right law firm. Contact us any time for a free consultation.

Lenovo PC users: You may be at risk for identity theft

If you bought a Lenovo PC between September 2014 and January 2015, then you may be at risk for identity theft. In September, Lenovo began selling laptops with a pre-installed program called Superfish Visual Discovery. This program is what’s known as adware, which means that it spies on your web traffic in order to provide ads that are tailored specifically for you.

Pre-loaded software isn’t new, but that doesn’t mean it should be trusted. The problem with Superfish is that it has holes that allow hackers to steal your information. It exposes the computer – and its user – to potential theft of private information. Hackers can intercept your credit card number, banking information, passwords and other user data without your knowledge or permission. Even when you think you’re on a secure website, you might not be safe if this program is on your computer.

Identity theft can wreak havoc on your finances and your life. Lenovo’s decision to pre-install Superfish before shipping computers to customers has been called irresponsible and an abuse of trust. Lenovo has stopped using the program, but the computers that were sold with Superfish continue to put users at risk.

Note that these are allegations and still need to be proved in court.  That said, we know class action attorneys who are looking to speak with Lenovo users to see if they might have a case.  There is no cost or commitment.

Consumers are beginning to join lawsuits against the company and demand compensation. If you purchased a Lenovo computer between September 2014 and January 2015, you might have a claim. If you have questions about whether you should get involved or how you can seek compensation for buying one of these computers, you can contact us online or give us a call at (312) 346-5320 or (800) 517-1614. There is no charge for speaking with our attorneys.

The biggest reason Illinois lawyers get sued for legal malpractice

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We are happy to investigate possible legal malpractice lawsuits. It would be hypocritical not to as we are willing to sue doctors and other professionals when they screw up.

What I’ve found interesting over the years about the valid cases we’ve pursued (and by valid, I mean a lawsuit was filed) is that the attorneys who are getting sued have a lot in common.

The biggest similarity is that they tend to be in firms that want to handle every case that comes through the door. So if you want a divorce, got a DUI or were in a car accident, they want to be your firm. It’s like a doctor that wants to deliver babies and treat cancer, except you don’t see many of those.

Too many lawyers in Illinois want to handle personal injury cases even though they have very little experience with it. There is a misconception that it’s easy money which simply isn’t true. Insurance companies don’t just give money away and if they think you or your lawyer doesn’t know what they are doing they will really play hard ball. This can lead to delays and as we’ve seen, violations of the statute of limitations for filing a lawsuit.

The best lawyers know what they don’t know. By that, I mean that they know what cases they do a good job with and are smart enough to tell a client no when they are asked to handle something that they have no experience with.

I remember meeting an experienced lawyer when I first started practicing. He bragged that he got his experience in entertainment law because he was desperate for money and a potential client knocked on the door saying he needed help with a contract. The lawyer lied and said that was his specialty and then went on to do research to try and figure out how to handle the case. It made me ill because this guy basically admitted that he put the best interests of his client behind his own needs.

Things worked out for that lawyer and he went on to a prestigious career. But that doesn’t make what he did right.

For you as a client, you should want a firm that has a narrow practice focus and real experience in handling and winning cases that are like yours. That doesn’t guarantee a result for you, but sure does increase your chances of success.

It’s much easier to find that right firm today with the internet. And of course, that’s why we exist; to help you find the right firm for your case.

So beware the jack of all trades or know it all attorney. It’s not that they can’t help you, it’s that they often aren’t the best ones to do so.

The big Illinois medical malpractice lie

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I had a very nice call with a gentleman who was looking for a Chicago medical malpractice lawyer who would not charge a fee unless they win the case.  I explained to him right away that nobody charges a fee in those cases and if they do want you to contribute money for expenses then you should run away.  But that’s not what this post is about.

Our conversation continued and I learned that his friend had their colon nicked during a colonoscopy and sustained a decent amount of damage.  Apparently they had called a couple of lawyers and the case was turned down.  My caller was confused because it was his perception that if you have a decent injury, a nice plaintiff and a good law firm in your corner, most juries would side for them instead of a large corporate hospital or doctor.

This is a lie that has been created by people why want to impose damage caps in medical malpractice lawsuits.  The truth is that Cook County, where Chicago is located, is the most plaintiff friendly county in the entire state.  Yet in cases that go to trial, plaintiffs win just over 20% of the time.  As a result, lawyers are very selective about the cases they are willing to take on.  It’s true that many cases settle, but if you go to trial and lose, that’s usually around $100,000.00 out of your pocket as a law firm.

In some smaller counties in Illinois, there has literally never been a jury verdict against a doctor.  Ever.  In many of these locations the people that get called to be on the jury end up knowing the doctor and fear (wrongly) that if they find against him/her, even in the most egregious of cases, the doctor will skip town and they won’t have any medical providers.

Insurance companies want you to believe that a bunch of frivolous lawsuits are hurting the medical profession, but I’ve yet to see an example of a bogus malpractice lawsuit that settled or went to trial.  No credible attorney would file those cases because it’s so expensive to get to trial.  In fact, many examples of actual malpractice get ignored because the ultimate damages don’t justify the cost of bringing a lawsuit.  In other words, if I value your case somewhere between $200,000-$300,000, I’d have to be willing to spend around half the case value just to win and there’s no guarantee I’ll win.

What you end up finding is that cases are usually only brought for matters that have terrible negligence and huge damages.  If a doctor makes a mistake that kills a 90 year old woman, the defense will (disgustingly I might add) be that she didn’t have long to live anyway, so even if our hospital screwed up, the case has no value.  And regrettably that argument usually works.

So what you find is that there are really only a handful of malpractice law firms in Chicago that have a track record of consistently bringing and winning these cases.  Small firms may say that they do it, but truthfully they can’t keep up with the costs.  Firms outside of Chicago tend to only dabble in these cases because it’s so hard to win them.  As a result, if you do see a trial verdict in a place like Peoria, Rockford, Urbana, etc. don’t be surprised to find that the firm that handled the case is actually from the Windy City.

I’m not for frivolous lawsuits and every day I tell people that they don’t have a case and explain why I feel that way.  But I am in favor of good people with good cases having access to justice.  And the truth, no matter what lies you’ve been fed, is that it’s very hard to win a med mal lawsuit.

Five things you should know before hiring an Illinois lawyer

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There are thousands of lawyers in Illinois. Don’t close your eyes and point to a name in the phone book. And don’t Google “Illinois divorce lawyers” and pick from your initial results. You need more information. Here are some things to consider.

1. Not all lawyers handle all kinds of cases. A big indicator of success, in our experience, is whether the lawyer on your case has handled similar cases in the past. The more this is true, the better. If your attorney has handled dozens of DUIs, then they are better equipped, generally speaking, to handle yours. Obviously, this is only true if the attorney has been successful in his or her prior cases. Make sure they have a track record of positive outcomes for their clients.

2. Big firms aren’t always better. Experience and location matter more for routine legal issues. You want your lawyer to be local so that they know the other attorneys, as well as the judges if you have a court case. Your attorney’s individual experience, as we mentioned above, is extremely important in trusting them to handle your issue. On the other hand, a big downtown law firm can have its advantages. If you have an expensive case and you need a firm with a lot of resources, then a bigger firm is likely a good fit. But don’t assume bigger is better. Focus on what you need in your attorney or firm before deciding who to hire.

3. The fee depends on the type of case. Attorney fees are a big question mark when you are just beginning to consider hiring someone. A contingency fee is one in which you don’t pay anything upfront but rather pay a percentage of what you win in the end. A flat fee is just that. You might expect a flat fee for the drafting of your will, or something that is fairly routine. An hourly rate is typical in family law cases and other cases that are unpredictable or don’t involve a monetary award at the end.

4. Get a free consultation if you can. At a consultation, you can ask questions and find out what type of fee you can expect in your situation. It’s a great way to get a feel for what you might be facing. If you are using the Internet to research your legal issue, then you’re probably feeling overwhelmed. There is so much information out there but no real way to find out whether it applies to you.

5. For best results, ask a lot of questions. At your initial consultation – and throughout your case – ask questions. At first, this will help you know whether you are hiring an attorney who is a good fit. The more you talk and interact, the more you will be able to judge their character. This can end up being just as important as their legal expertise. Next, you should continue to ask questions and stay involved in your case. The more informed you are, the less likely you are to be surprised or caught off guard.

Hiring the right attorney for your case requires a bit of effort, but it definitely pays off. Hiring the wrong attorney can affect the outcome of your case. On top of that, it can make your entire experience difficult. Although you are allowed to switch attorneys later on, it’s not as easy as hiring the right attorney in the first place.  Contact us if you’d like our help in getting the best firm for your case.

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