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Michael Helfand

Think of the best pizza in town when choosing a lawyer in Illinois

We are Illinois attorneys that don’t want to represent you.  Instead we want to find you the best law firm for your unique case.  No lawyer is right for every situation.  You need to find the best one for you.

Even when you know what type of lawyer to look for, it can be hard to figure out which one to hire.  So many attorneys are full of it.  That doesn’t make them bad lawyers, but it means that they aren’t always truthful.

Case in point, a woman called us recently who had torn her rotator cuff on the job.  She called a local lawyer and when she told him what her injury was, he told her that she was in luck, he’s known as the top rotator cuff injury attorney in the area.

This is like the restaurants that claim they have the #1 pizza in Chicago or some other un-verifiable claim.  It doesn’t pass the smell test.  You can’t just give yourself and award that you made up and claim yourself as the best.

Fortunately the caller to my office had enough sense to view this attorney as a used car salesman and was able to find someone more reputable through us.  But that sleazy shtick works because these attorneys keep on feeding people this line of b.s.

When you go to an attorney, you are in charge of whether or not you hire them if they want to take your case on.  You come with facts about your case for them to learn, but you also need to bring common sense with you.  If they are too slick, too young or just too confident in themselves, keep looking elsewhere.  A lawyer with experience is a great thing to have.  A lawyer that makes up their success is a sign of the wrong attorney for you.

Written by Michael Helfand

Don’t pass on an Illinois lawyer because you don’t like their location

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Here’s a secret about working with an attorney in Illinois.  You almost never see them face to face.  You might when you first hire them and maybe if you have to give a deposition or the case goes to trial some day, but the reality is that whether your lawyer is down the block or 20 miles away, you’ll probably see them the same amount.  And believe it or not, many people sign up through the mail and despite tons of phone calls and e-mails, choose to never see their lawyer in person at all.

Our advice is to always hire the law firm that gives you the best chance for a good result.  That is usually based on the practice focus of the lawyer, their years of experience, knowledge with similar cases, track record of  success and many intangibles such as do they fight for you, how is their customer service, what is their availability, etc.

Some people are deathly afraid of coming in to the city of Chicago.  If you have a DUI in Wheaton, you don’t need a Chicago attorney.  But if you have a major personal injury claim or a Federal criminal case or high end divorce, the fact of the matter is that the best firms are in the City.  You might save yourself travel time one day, but in the long run you will likely you harm your case.

For Cook County cases this is especially true.  I recently had a woman call me looking for a referral to a new car accident lawyer.  She had an attorney in her neighborhood on the southside, but he never returned calls and one day she discovered he had left the firm.  I recommended a top car accident lawyer in Chicago, but she was very hesitant because she didn’t want to travel and ultimately stuck with her same guy.  Now the case was going to be filed downtown so if she ever had to go to court she’d have to travel.  So would her attorney.  But this firm doesn’t want to go downtown because it’s a hassle for them too.  As a result they have a reputation of settling cases for whatever is offered instead of going for what’s best for the client.

Finding the law firm that gives you the best chance of a good result doesn’t guarantee that you’ll be happy or that you’ll win.  But it sure makes it much more likely.   Sometimes that is found right down the street.  Other times you might have to travel.  But I promise you that when all is said and done you will be happy that you looked out for yourself and went with the firm that increased your chances.

Written by Michael Helfand

Make sure your Illinois attorney does not have a conflict of interest

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A few months ago, a caller contacted us looking for a referral to a Chicago legal malpractice lawyer.  The gist of the case is that the family hired a personal injury attorney who settled a case, but did not pay the settlement money to the right person.  So we talked to the caller and connected them with a law firm that is willing to sue other attorneys.

As hypocritical as it may be, not many lawyers will sue someone else in their profession.  And before they do, you have to make sure they don’t have a conflict of interest.

The typical conflict of interest happens when one person knows another.  So before you tell your whole story, your first question should be, “Do you have a conflict in suing Tom Smith (or whoever the law firm is)?”  If they tell you that they know them, you should stop talking and look elsewhere.

In this case, the firm I recommended did not have a conflict of interest.  But what struck me as very odd is that the defense team, that was put together by the legal malpractice insurance company, included a guy who heavily promotes himself as someone that can represent plaintiffs.  In other words, if you call him and tell him your story, you are at risk of divulging everything to the insurance company.

To me this is a huge conflict of interest.  None of the lawyers we recommend play both sides of the fence.  They either represent plaintiffs or they represent defendants.  These firms that try to do it all in my opinion are not acting in the best interests of their potential clients and should make clear on their website that they represent certain insurance companies.

So the 2nd question you should ask a plaintiff’s attorney is “Do you represent insurance companies in these cases?”  Again, if the answer is yes, you should move on.

Remember, you have to look out for you.  These are questions that if you don’t ask, no one else will.  And if you find out about a conflict when it’s too late, you may have damaged your case.  If you aren’t sure about what questions to ask or who to hire, that’s what we are for.  We are happy to help guide you at any time.

Written by Michael Helfand

When someone owes you money in Illinois

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Collecting a debt can be frustrating when the person who owes you won’t even respond, let alone pay you back. If you own a small business, collecting can be essential to keeping your doors open.

There are different ways an attorney can help you get the money you’re owed. They might start by trying what you’ve tried – sending a letter, for example. Often, when it comes from your attorney rather than you, it’s enough to motivate the debtor to pay up. When that doesn’t work, a good debt collection attorney should move right to the next step and file a lawsuit. If they can get a judgment in your favor (a court ruling that you are owed the money) then there are things you can do to force payment.

Debt collection attorneys often send notice to the debtor, detailing the history of the debt and most importantly giving a deadline for payment. The letter often says that legal action will be taken if the debt is not paid by the deadline. If there is no response, or a less than ideal response, your attorney shouldn’t hesitate to file a lawsuit demanding payment. If you’ve had a debtor who has been ignoring you, this might get their attention. And even if it doesn’t, you can still move forward without their response. If they fail to respond to your lawsuit within a certain amount of time, you can win by default. The judge will rule in your favor.

After a judge has issued a judgment in your debt collection case, there are steps you can take to collect your money. Wage garnishment, putting a lien on property or having the debtor’s bank pay you from the debtor’s bank account are possible options. For example, wage garnishment allows you to take up to a percentage (usually 15%) of the debtor’s pay. The employer deducts the wages, and the amount has to be approved by a judge. If you don’t know anything about the debtor, your attorney can help you go through the court to discover what assets a debtor has, where they work, etc.

Don’t assume that you’re out of luck because someone owes you money and they refuse to pay or they claim they don’t have the money to pay. Debt collection attorneys often charge a contingency fee, which means that you pay them a portion of what they’re able to recover for you. This also means you don’t have to pay anything up front, and there is no fee if they aren’t able to get you your money. Some debt collection attorneys will charge hourly. It depends on the debt you’re owed and who owes you. Either way, an initial consultation should be free and it’s a great way to learn more about these options.

Written by Michael Helfand

What to do if you’re injured while taking public transportation

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The first thing to do after any injury is to get the medical attention you need. Your health is most important. If your injury is serious or permanent, the next thing to do is talk to a personal injury attorney about suing the transportation agency in order to get compensated for your injury, including medical bills, lost income and other ways in which the accident has affected your life. These costs should not be yours to deal with alone.

Public transportation must be safe for the public. There is a duty to keep trains and busses in good repair, as well as stations and platforms. There is a duty to properly hire and train drivers, operators and other employees. Failure to do these things, plus an injury as a result, can lead to a lawsuit.

Suing a public transportation agency is different from suing a private business or individual. In Chicago, for example, lawsuits against the CTA (a government agency) have different rules. The most important difference for you to be aware of is that you only have one year from the date of your injury to file a lawsuit. This is considered a very short amount of time, so don’t wait too long before looking into whether a lawsuit would be right in your situation. If you miss the deadline to file a lawsuit you almost never get a second chance, no matter how good of a case you would have had.

We suggest talking to an attorney who has experience with public transportation lawsuits. In Chicago, we know attorneys who have had success going up against CTA. Their specific experience gives them an advantage, in our opinion.

Written by Michael Helfand

Suing your Illinois stockbroker for fraud and misrepresentation

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There are several ways in which an investor might become the victim of illegal broker activity. It can be easy to invest your money with a professional and then pay little attention to the details as the months and years go by, but unfortunately there are brokers who take advantage of their clients and put their clients’ money at risk.

One common violation is when a broker looks out for their own interests rather than their clients’ interests, usually because they are more concerned about boosting their commission than doing what’s in your best interest. If a broker pushes an investment product on you because it gets them a higher commission, or if they excessively trade in order to earn more commission and fees (“churning”), it’s considered a breach of their fiduciary duty. This is the duty they have to put your interests first. If there is a violation, and you suffer financial loss as a result, you can bring a claim against them and/or their brokerage firm.

Although some securities fraud cases end up in court, many are handled in arbitration. You likely agreed to arbitration when you signed on for an account with your broker. This means that you will file a claim with the Financial Industry Regulatory Authority (FINRA). Arbitrators hold hearings and make final decisions much like a judge. Your best bet is to hire an experienced Illinois securities fraud attorney to represent you during arbitration. The broker will most certainly have a lawyer on their side.

If a broker promises or guarantees a certain rate of return on an investment, it can be fraudulent misrepresentation. If a broker puts your money in riskier investments than what you authorized, you might have what’s called a suitability claim. Both of these are additional instances of illegal broker misconduct that can lead to a claim or lawsuit.

It can be difficult for the average investor to identify fraud or other illegal activity being committed by their broker. If something doesn’t seem right, look into it by talking to an Illinois securities fraud attorney. If they know what they’re doing, they should be able to identify whether you’ve been taken advantage of.

If you have further questions about actions taken by your broker, or if you would like to speak with an Illinoissecurities fraud attorney, please contact us.

Written by Michael Helfand

Getting your boss to pay you what you’re owed

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If you have done the work, then you have earned your pay. It’s yours and you have a right to go after it. Many people aren’t sure how to do that, however. There are a couple of options, and our recommendations vary depending on your situation.

We’re talking about unpaid regular wages, when your paycheck is short or you don’t get one at all. We’re also talking about situations where there is a dispute about the amount owed. This can be regarding overtime, vacation pay, commissions or other compensation.

One factor is the amount of money you are owed. For small amounts of unpaid compensation, we might recommend that you start by filing a claim with the Department of Labor. They have a system in place to help workers get paid. This is a good idea for small amounts because you don’t want to end up paying an attorney more than what you’re owed in the first place. The Department of Labor cannot force your employer to write you a check, but they will help you for free.

The other option is to sue your employer for the amount that you’re owed. The first step on this path is talking to an experienced employment attorney. You want advice from someone who has handled hundreds of unpaid wage claims in the past. Some attorneys who handle wage claims charge a contingency fee, which is a percentage of what you are able to get from your employer. If you lose your case, you pay nothing. Another type of fee is an hourly fee, which is agreed upon by the attorney and client. Make sure you talk through fees with your lawyer before they start working on your case.

Let us know if you have any questions about unpaid wages and how to get what you’re owed. We’ll talk to you about it for free.

Written by Michael Helfand

See also: Are you owed commissions in Illinois? That may be up to your employer

You can get a DUI when just sitting in your car

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The law against drunk driving is a bit broader than you might think. It doesn’t outlaw just driving while intoxicated but also being in physical control of a vehicle while intoxicated. If you are sitting in the driver’s seat with the keys, you are considered in control, even if the car is turned off. You can be arrested, charged and found guilty of a DUI.

If you are drinking outside in your yard on a Saturday afternoon and go sit in your car to listen to the radio, you could be arrested for a DUI. If you have nowhere else to go after leaving a party, at least leave your keys with a friend and not in your vehicle. Even if you’re sleeping in the car, you can be in trouble if the keys are in there too.

The bottom line: If you need to sober up before driving home, don’t do it while sitting in your car. The question isn’t whether you intended to drive but whether you could have driven if you wanted to. Play it safe and stay away from your vehicle. While the fact that you didn’t have access to your keys might eventually prove your innocence, it doesn’t mean you won’t be arrested, charged and prosecuted.

If you plan to argue that you weren’t in actual physical control of your vehicle when you were arrested for a DUI, don’t try to argue it alone. It’s an area of law that requires the experience of a seasoned criminal defense attorney. The judge and prosecutor have heard all the excuses before. If you’re serious about proving your innocence, hire someone who knows how to do it.

Written by Michael Helfand

Violence on the school bus in Illinois

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When your child is on the school bus, they should be protected as if they’re still in the classroom. This means that they should be supervised and managed so that no one gets hurt. If the school or bus personnel fail to do this and a child gets hurt, a parent can file a lawsuit against those responsible.  For whatever reason, we’ve been dealing with a lot of these cases lately.

We all know that kids goof around, especially when an adult turns their back. The bus driver is focused first and foremost on the road in front of them, so it can create a dangerous situation for kids in the back who want to cause trouble.

What the bus driver should do is stop any harassment, bullying or fighting that happens on the bus. There’s not much they can be expected to do if one kid punches another completely out of the blue, but if there are signs of a problem the driver should address the issue.

Every situation is different, but generally speaking the bus driver should make sure kids follow the bus safety rules, and they should report bullying to the parents and/or school. If kids are fighting, they should be separated (the driver can’t kick anyone off the bus mid-route), and if the driver knows of other harmful behavior, such as sexual harassment, it’s their job to do something about it.

As a parent, you can file an injury lawsuit if another kid on the bus hurts your child. Like any personal injury lawsuit, you’ll have to prove that the person or entity you’re suing owed your child a duty of care, that they failed to uphold that duty of care, and that your child was injured as a result.

The bus driver is often focused on driving, but this doesn’t mean they can’t see and hear what’s going on behind them. If they know about an incident or bullying or harassment, they have a duty to try and stop it. If they say they didn’t know, you can still hold them responsible if you can show that they should have known. It usually comes down to what a reasonable person would have observed and what they would have done about it.

There are Illinois attorneys who have specific experience in school bus injury lawsuits. These are attorneys who have successfully sued on behalf of parents whose children were injured because of the negligence of the bus driver, the bus company and/or the school. If you have questions or need help getting started, feel free to give us a call.

Written by Michael Helfand

Civil lawsuits after a rape in Illinois

A girl’s father is suing the Chicago Board of Education claiming that his daughter’s teacher didn’t do enough to prevent her rape that occurred last spring. The lawsuit says that her teacher noticed her leaving school property with a stranger at the start of the school day, and was suspicious enough to take several pictures of the girl and the stranger, but did nothing further. The girl’s abductor took her away from school grounds and later raped her. The teacher supposedly didn’t come forward with the information she had until that evening when she told the girl’s parents.

While rape is a criminal issue, and the suspect in this case might be facing charges, the father has filed a civil lawsuit. He is suing the school for failing to uphold the duty of care that he claims his daughter was owed. When kids are in school, the school staff and administration have certain obligations for keeping them safe. If they don’t, and a child is injured, parents can sue.

Unfortunately, this is not the first case of its kind. We have spoken with many individuals and families who have experienced similar tragedies. When people call us with similar circumstances – a rape that happened because a third party wasn’t upholding their duty of care (like the school in the above case) – we refer them to the same attorneys because they have won these cases in the past and we trust that they’re the right lawyers to be taking on these cases.

The basis of the cases we see is the same – the victim or their parents are suing a property owner, school district or other caretaker who was supposed to provide some protection and failed to do so. In this case it was the girl’s teacher. In some cases, it might the owner of a parking lot who didn’t replace broken lights and created an opportunity for criminal activity; or a hotel that didn’t make sure its rooms were secure against break-ins; or a daycare that didn’t screen its employees and hired someone with a record of criminal sexual abuse.

Sadly, this happens often enough that we consider it a niche area of law, meaning there are attorneys who have specific experience in this area. This is who we recommend if you are considering a lawsuit. The attorneys we refer these cases to not only are good at what they do, but they understand the seriousness of the situation and are sensitive to what the victims and families are going through. We believe both of these qualities are important to a victim and their family.

As with any injury lawsuit, there is no charge for a consultation and no fee at all unless you win. If you need a referral or have questions about whether you might have a civil lawsuit after a rape or other sexual abuse, please contact us.

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