Did You Know?

We get a lot of great questions from people who call us for legal guidance. If you have any questions, fill out our contact form or call us at 312-346-5320 to speak with a lawyer for free.  Here are some questions we’ve gotten in recent months that I think the general public should know the answers to.

My boyfriend sold his house and is moving in with me.  He’s fixing up my basement.  How do I protect myself so he doesn’t have a legal right to the home if we break up?

The most important thing is to not add him to the title.  That is how ownership of property is determined. If he’s not on the title, he’s essentially a tenant.  Beyond that, don’t enter in to any contracts or agreements that indicate he has any rights to the property.

Is it legal for the insurance company to conduct surveillance on me if I’m hurt at work? I’m on my own property and they are watching me.

Yes it is legal unfortunately.  That said, it is really expensive so if you are following your doctor’s orders, they usually will call it off after a couple of attempts if it doesn’t show you doing anything that you shouldn’t be doing.

My dad paid for life insurance for 20 years. He missed his last payment because he was in the hospital with Covid.  He died and we filed a claim, but they denied it because they said his coverage lapsed.  Are we out of luck?

No, this is a common reason for Illinois life insurance companies to deny payment, but in most cases, the attorneys we know will sue for this and have been very successful in getting compensation.  The insurance companies have nothing to lose by doing the wrong thing so they often do.

My uncle is in a nursing home. He has dementia.  He asked me the other day to take money out of his bank account and gave me his ATM card.  Is it ok to do that?

I wouldn’t unless you were appointed his financial power of attorney while he was competent.  The nature of dementia means he might not know what he’s doing and it would certainly look like you are stealing from him.  The safest bet is to petition the court to become his power of attorney.

The Judge is biased against me.  Can I sue them?

The answer is almost always no.  They are essentially immune from lawsuits.  And most likely they aren’t biased against you.  They have hundreds of cases and just want to get through them. They certainly aren’t thinking about you very much.

Do I need to get a lawyer licensed in my county for my case?

No, lawyers are licensed by the State.  Any Illinois attorney can practice law in any Illinois county.

We provide these short answer posts every few months.  As always, if you want to ask a Chicago attorney an Illinois legal questions for free, contact us any time.

We are Illinois attorneys who offer free legal guidance and lawyer referrals for cases all over Illinois. If you would like a free consultation, fill out our contact form or call us at 312-346-5320.

Nobody really wants to hire a lawyer if they don’t have to, but if you do, you want it to be a good one.  There is no way to know for sure that you’ve hired the right lawyer until you get in to the case. Maybe you discover their customer service is terrible and they don’t return phone calls or they yell at you.  Maybe you realize they don’t have the right experience for your case or aren’t going to fight for you. In some cases you discover your attorney is a liar.  In others you just don’t like them or get along with them.

The question that we get all of the time is, “Can I fire my lawyer?”

The answer is usually yes.  In hourly fee cases like divorce or criminal law, it’s usually just a matter of finding a new attorney and paying them a new retainer fee.  For contingency fee cases like car accidents, malpractice or work injuries, the answer is also usually yes depending on how far along the case is.  If there is a significant settlement offer for example, it can be hard to get new representation.

Our advice if you don’t like your lawyer is to do a few things:

1. Talk to them. Don’t be intimidated. You are the customer and should expect customer service.  That doesn’t mean your attorney is available 24/7, but does mean they should be respectful and respond to you in a reasonable time period.  We never go more than 12 hours without returning a call, but for most attorneys it’s reasonable to expect a call back within a day or two.  Tell them your frustrations and see if you can right the ship.

2. Don’t go crazy listening to non-lawyers.  A lot of people are concerned about their attorney because a friend had a case that was handled in a different manner.  The best advice we can give you is don’t take legal advice from non-lawyers. That’s not to say your attorney is doing a good job, but it is to say that in our experience, non-lawyers don’t usually know what they are talking about when it comes to your case.

3. Don’t wait too long to address your concerns or switch.  If you do getting a new lawyer may be impossible. If you want to fire your divorce lawyer two weeks before a trial for example, I don’t know anyone who would drop their schedule and take your case over.  If you went to trial and lost, no attorney I know would do the appeal of someone else’s mistakes.

4. If you have tried to work things out with your law firm and it’s time to jump ship, don’t fire them until you have a new lawyer in place.  When hiring a new lawyer, be specific about what you didn’t like about the old one and try to see if things will be different with the new one.  Lay out your hopes and expectations and use the knowledge you’ve gained to make a better decision.

Of course our service has been around since 2001 to help people find the right lawyer for their case. It doesn’t always work perfectly, but we are attorneys who will tell you what we think you should do.  We’ve had a lot of success and would be happy to help you, for free, any time.

See also: Expenses When Hiring An Illinois Lawyer On A Contingency

One thing I try to do as an attorney is to remember that non-lawyers shouldn’t be expected to know about the law.  It’s no different than if I went to a doctor or a mechanic. I shouldn’t be expected to know how they do their jobs.

This thought comes up multiple times a week. I will get calls from people wanting to know if their case is civil or criminal.  Those are fairly generic terms, but it comes up so much that I thought it was worth discussing.

A criminal case means that someone has been arrested.  That is the only time you need a criminal defense lawyer with the possible exception of an order of protection case. You may feel that someone has stolen from you or wronged you and it’s possible they need to be arrested. But if you are the victim, you don’t need a criminal lawyer because that’s not what criminal attorneys do.  Criminal lawyers defend people.  State’s Attorneys who are Government employees prosecute cases and represent victims when charges have been brought.

Every other case would be considered a civil claim.  Looking for a civil attorney for the most part means you are looking for every non-criminal attorney.  Medical malpractice is civil. Suing your contractor because they didn’t finish a project is civil.  Filing a case against the person who punched you in the face would be civil. Car accidents are handled by civil litigation attorneys.  Class actions, consumer fraud, real estate litigation, etc all are too.

So looking for a civil lawyer, in general, isn’t really looking for what you need. It’s like searching for a doctor without listing a specialty of what you are really going through and what results you are looking for.

Again, this is not the type of thing we would expect you to know.  And for some cases, it’s hard to even know what type of lawyer you should be looking for or who has experience with your issue.  That’s partly why we exist.  If you want to talk to an Illinois attorney for free you can call us any time or fill out our contact form and we will call you.

As attorneys, a mistake we can make is to assume that the general public knows something that to us is basic knowledge.

This came up recently when I spoke to someone about a lawyer who was romantically involved with a client.  Under Illinois law, it’s unethical for an attorney to date, sleep with or whatever you want to call it with a client.  The reason this is true is because your attorney has the possibility of taking advantage of you. You also might not be able to emotionally make the right decision, especially if money is involved.

You hear about this a lot in divorce cases.  Those cases can be very intense and emotional and you often work closely with your attorney.  I remember when I was a young lawyer hearing about a divorce lawyer who (appropriately) fired his client because they realized they were in love with each other. He saved his career by withdrawing from the case before acting on his feelings.

The exception to this rule is if you were already in a relationship before you become their lawyer.  If that’s the case it doesn’t mean it’s a good idea, but the lawyer likely wouldn’t lose their license. Even so, what if the case goes bad?  What if you want to switch lawyers?  Not to mention the office and court gossip that could ensue.

The extreme version of this is attorneys who pressure clients in to sexual relationships they don’t want to be in.  A well known family law attorney in Chicago was accused of this over the summer and arrested on felony charges.  If true, he was clearly using his position in a disgusting way and belongs in prison.  He should also, of course, never be allowed to practice law again.

It’s not always the lawyers who initiate these relationships. I’ve heard plenty of stories of clients soliciting attorneys as a way to pay off their legal bills. In one case I referred out, the client asked an attorney to meet him at her hotel room. He declined.  Even when the attorney doesn’t initiate things, they can not do anything with the client until they’ve broken off the professional relationship.

I certainly hope this doesn’t happen to you. In some cases a lawyer sleeping with their client is akin to statutory rape.  If it does happen to you, you may actually have a lawsuit against the attorney.  At the very least you should report them to the State.

If you have any questions about this or any other issue, you are welcome to call us for free any time.

I’m usually asleep at 11:11 p.m., but occasionally catch the clock at 11:11 a.m. and by superstition say to myself, “make a wish.”  Well it’s November 11th today, so in honor of 11-11, I thought I’d make some legal wishes.  In no particular order.

– It would be amazing if our court system could get back to operating as it was before.  And if we can’t do that, I’d wish that the court leaders would come up with alternative options like using hotel ballrooms, McCormick Place or other venue to have socially distance trials.  The lack of justice is shocking and it’s going to have a ripple effect for years to come.

– I wish people would understand that insurance companies make money by not doing the right things.

– I wish bail would be just and nobody would sit in jail for months because they are too poor to get out when charged with a non-violent crime.  Let’s have real bail reform now!

– I wish that we’d only imprison those who are a danger to society.

– I wish that if you were convicted of a crime a long time ago when you were young and dumb that it couldn’t continue to hurt your chances of getting a job.

– Zoom attendance for minor court matters have been great. I sure wish that continues when this pandemic is all over. Why make someone take a day off from work, find daycare, pay for parking, etc. when their actual court time is going to be three minutes or less.

– I wish the EEOC and Illinois Department of Human Rights were more efficient in investigating illegal activity. Covid has made illegally firing someone a lot easier.

– I wish that before you got married in Illinois that you had to sign a prenuptial agreement. It would save divorcing couples a lot of time, money and headaches.

– I wish attorneys that are scum bags would actually lose their licenses. Ambulance chasers and severe over billers are alive and well in Illinois.

– I wish law school would change the third year to either be a rotation of school run legal clinics or internships at law firms. Law students are sent out in to the world far too often with no good experience or real idea about what they want to do with their degree.

– I wish Illinois Supreme Court justices didn’t have to campaign to be appointed.

– I wish continuing legal education (CLE) requirements for lawyers were reflective of the actual work we do in educating ourselves through blogging, researching, talking to other attorneys, reading trade journals, etc.  Most of my CLE time is taking a variance of the same course telling me how to be ethical.  That stuff is important, but you can only hear it so many times.

– I wish there was a realistic way for people who can’t afford lawyers to represent themselves without getting screwed over on the case because they don’t understand some minor legal technicality.

– I wish employers wouldn’t get away with calling workers independent contractors when they are really employees.

– I wish we’d end solitary confinement.

– I wish people would stop believing conspiracy theories that their attorney was bought off or that all lawyers conspire against them.

– I wish law school was more affordable.

– I wish that being a former prosecutor wasn’t the top quality that most Judges seem to possess.

– I wish being a public defender paid better.

Well, that’s a lot of wishes. I don’t want to be greedy. One thing I don’t wish for is that there was a place where you could call an Illinois attorney for free to ask a question. That exists. You can call us any time at 312-346-5320.  We help everywhere in Illinois.

I really don’t like AT&T or Direct TV.  I’ve had the absolute worst customer service experiences with them. In recent months alone, the following has happened:

1. They offered me faster business internet and said it would be cheaper too.  All they had to do was send out a technician. They did, but in doing so, that morning someone remotely disabled my internet at work. I’m a mostly web based business and with Covid of course, you need an internet connection. I was without one for half the day because for some reason they couldn’t cancel my upgrade and make things work as normal. The very nice customer service rep promised a call back to check and make sure everything was completed.  That never happened.  That fake call back must be one of their customer service script cons because it’s been told to me on two occasions and it’s never happened.
2. I have four business phone lines. One day, my main one stopped working. I called and was told the error was likely on my end.  I was then told they’d send someone out the next day.  I told the rep I’d be gone by 3 p.m. that day and they said someone would be there earlier than that. The next day nobody had showed by 2 p.m.  So I called and was told that someone internally had cancelled the appointment because according to their check, the line was running fine. It wasn’t.  They also had in their system that I’d be there until 6 p.m.  They apologized and set something up for the next day. Long story short is that they had disconnected my phone line while setting up service for a new customer in a different suite.
3. My kids are obsessed with football so we ordered The Sunday Ticket and Red Zone. Worked fine in week two, week three it was gone.  Once more we had to call in and deal with them which if you’ve ever called, you know you can’t get someone on the line right away.
4. One day my work internet was out so I called the business support line. It somehow got routed to the customer service department for people who have issues with their home internet.  Not sure how I got there but after 20+ minutes I was told I need to call a different number and no, I couldn’t be transferred.

It’s partly my fault, at least at home, because I should just cut the cord and get rid of Direct TV. But in all of these customer service situations I think to myself, “I know others are going through the same b.s. and I would love to start a class action lawsuit against them.”

I can’t.

That’s because their contract and almost every other big business contract forces you to waive your right to a lawsuit or a class action and resolve any disputes via arbitration. This means you have to go it alone and almost any lawsuit against them would be out of principle.  You’d likely never recover as much as you’d have to spend.

This move by the George W. Bush administration to allow this has screwed consumers time and time again and allowed big business to step all over the little guy.  Hopefully the Dems will sweep in to office and change things, but I wouldn’t hold my breath.

So I and most people have to eat the shit sandwich that is their terrible customer service and the only way to get back at them is to wait until phone service is available on a wide basis via satellite or some other platform.

I do take solace in the fact that I’ve helped AT&T employees go after the company for wage claims and work injuries. Every check I get from participating in those cases feels extra sweet.  But it doesn’t change the fact that whether it’s them or Apple or Amazon or any other big company, a class action lawsuit will probably go nowhere for you.

Unfortunately, among other things, 2020 has been the year of people getting laid off.  It’s understandable that businesses have had to make these tough decisions.  A lot of good workers have found themselves out of work.

The only silver lining for some of these workers is that many of them are getting severances. Under Illinois law, you have a right to have any severance package offered to you reviewed by an attorney.  The question is, what difference will that make and is it worth it?

The employment law attorneys we know who are experienced in reviewing severance packages, typically charge between $750-$1,000 for their time.  To be honest, for most people it’s not worth it.  I say that for a few reasons:

1. Your employer isn’t required to offer a severance at all.  What you get is done by them for good will and to close out any legal claims you might have even though most people don’t have any.

2. Because they don’t have to offer a severance, most people have no leverage to negotiate it.  If they offer everyone one week’s pay per every year worked, they aren’t likely to give you more than that because if they did it for you it would open them up to having to do it for others.

3. These documents are typically prepared by outside law firms who have no connection to you and no care of the meaningful contributions you made. They are emotionless by design and basically drive the bus in limiting their clients (your employer) from making very many changes to the boiler plate language they create.

4. So unless your goal is really just understanding what everything means, you are paying an attorney a decent amount of money to review a document when they won’t be able to get much if anything changed about it.

If you believe you were illegally laid off for reasons such as having complained about sexual harassment, your age, race, religion, gender, sexual orientation, etc and can prove it, then you might have leverage to get more money out of this.  That’s when getting a lawyer does make sense and in many cases they can work on a contingency basis which means they only get paid if they get you more money.  Essentially they would get the employer to pay more for you giving up valid legal claims.

For everyone else, here are some things to know and ask for in your severance.  The might say no, but it doesn’t hurt to ask.

1. You can’t give up your rights to work comp benefits via a severance agreement in Illinois.  If you’ve been injured at work though it’s wise to talk to a work comp attorney before signing anything (call us at 312-346-5320 if you want a free consultation).

2. Getting a severance doesn’t prevent you from applying for unemployment.  I recommend that you ask that they put in writing that they won’t contest your unemployment.  We’ve seen many companies lay someone off and then fight unemployment.  That shouldn’t happen and one sentence added could save you some grief.

3. Know that you are giving up your rights to sue them for almost anything.  If you think you might have a claim for something, talk to a lawyer first.  You are also likely giving up compensation claims for things like vacation pay or owed commissions.  Calculate what you are owed to make sure you aren’t being taken advantage of.

4. In my experience, it’s usually the little, non-monetary things they will agree too.  Maybe they’ll extend your company phone privileges.  They likely will let you keep your cell number. Perhaps you can get them to agree to a positive recommendation for your future employment opportunities.

5. Remember that anything verbal they tell you that isn’t in this document is not legally enforceable because you can bet that the document says that.  If it’s important to you and you think it’s been agreed to, ask for it in writing.

Every case and situation is different. I’m not saying you shouldn’t consider having an attorney review.  What I am saying is that most people I talk to learn the cost and decide that it’s not worth it because they have no evidence of illegal activity by their employer and thus have no leverage to change the terms of what has been offered.

It’s one thing to say that first responders are heroes and we should appreciate them. It’s another thing to actually do something about it. In Illinois we show appreciation for firemen, EMT’s, law enforcement officers, correctional officers, etc.

This is done through the Public Safety Employee Benefits Act.  In a nutshell, if any of these workers is seriously injured or killed in the line of duty, their family doesn’t have to worry about health care.   Children are automatically covered until age 25. Spouses are covered for life or until they re-marry.

That’s a big benefit, but that’s not all.  If any of these workers are killed in the line of duty, their children get free tuition at State universities.  Places like University of Illinois are quite expensive and this Act helps relieve a huge financial burden for these families.

I’m writing about this because we have helped a lot of first responders with work related injuries over the year and in some cases have helped families who had loved ones killed in the line of duty. I’ve been really surprised how few workers are actually aware of this law.  It’s on their local employers to make them aware of it and for whatever reason it doesn’t seem to happen.

In the big picture, if you are one of these workers who has been injured on the job, before you hire a work comp attorney, you should ask them about the Public Safety Employee Benefits Act.  If they don’t know what it is, it’s a sign that they don’t work with a lot of people in your field and aren’t likely the best choice to handle your case.

There are other special rules for first responders such as for fire fighters who have heart attacks.  Workers need to count on their lawyers to know these rules and protect their interests.

We have been helping people who need legal guidance or lawyer referrals since 2001. If you’d like to speak with one of our experienced attorneys for free, call us at 312-346-5320 any time.

We are Chicago lawyers who since 2001 have offered free legal guidance and lawyer referrals to anyone who needs it on all Illinois legal matters. If you want to ask us a question just call us at 312-346-5320 or fill out our contact form.  We don’t promise you’ll like our answer, but do promise to give direct, honest advice.

Most of my blog posts are based off of cases I’ve read/worked on or good questions from callers. Some questions don’t need a whole post. Every few months I like to put together a post of some great questions that don’t need a big explanation.  In no particular order here are some recent good ones.

Can my employer make overtime mandatory?

Yes.  Unless you are in a union where hours can be negotiated, generally speaking your hours are what your employer says they are.  They have to pay you of course, but if you refuse to work overtime you can get fired.  I recommend everyone google the phrase “at will employment” for more information on your rights as an employee or lack there of.

Do you know a lawyer who specializes in unemployment?

This has been a hot topic unfortunately. The bad news is that I’ve never met a lawyer who focuses on this because it’s not an easy way to make a career. I’m sure they are out there somewhere, but I’ve never met them.

Is it legal for my lawyer to charge 40% of the recovery on my car accident case?

Legal? Yes.  A good idea to go with someone charging that much?  Usually no.  Most lawyers will charge 33%, sometimes less.  The exception is usually if the case has to be appealed following a trial.  I’d shop around if your attorney is asking for 40%.

My license is suspended in Texas so I can’t get a license here.  Can you help with that?

Most likely you need to clear up your out of state problem first.

The QDRO my ex wants me to sign says that if she dies the balance of what she is owed will go to her estate.  Is that common? Legal?

It is legal. It’s common among attorneys who are looking out for their clients, but it’s not mandatory and certainly negotiable.

I think I got Covid from work, but I’m not an essential worker.  Do I have a case?

You may based on the reasons you think it’s from work, but most likely would need your doctor to state that it’s more likely than not your job played a role in you getting it.

Why are the only IDFPR attorneys I can find in Chicago?

That’s because most of the hearings take place there.  Also it’s a very niche area of practice and making a living at it as a downstate lawyer would be hard.  You want someone who has a lot of experience with those cases and the reality is that those people are in Chicago. The good news is that they almost always can work with you by phone and email.

I settled my case eight years ago.  I think my lawyer gave me bad advice. Can I sue them?

You can sue anyone for anything, but this case would get tossed out because you waited to long. You can’t go back farther than six years to sue your attorney.  Also having regrets over a bad settlement is usually not a case.

These are some quick answers.  As always, every case is different so please take this as just general advice.  If you have concerns about your situation, contact us at any time.

We’ve noticed an uptick of late of attorneys in Illinois telling their potential clients what they want to hear.  Business is down for a lot of law firms and some are doing whatever they can to land a client.  This includes flat out lying.

If you were hurt in a car accident and want to know the likely value of your case, if it seems to be worth $40,000.00, an honest lawyer will say it’s worth $40,000.00.  If the lawyer thinks it’s too soon to say what it’s worth, the honest one will say they can’t give you a good estimate right now and explain why.

The lying lawyer who just wants you as a client will tell you that your case worth $40,000.00 is worth $100,000.00. Why?  Because if you call three lawyers and two tell you the case is worth 40k and the third says they’ll get you 100k, that last one sounds good.  The reality we find in most of these situations is that this is the type of lawyer who only cares about themselves and not the client.  When push comes to shove and they are getting you a much lower amount to settle, they will just come up with some b.s. excuse/lie and move on.

In one case we were called on, the lawyer got the settlement offer which was less than half of what they originally promised.  When the client called them out on it, the attorney denied ever saying that and then told the client if they don’t like it they should get a new attorney.  Unfortunately by then it was too late.

In another case, a person with very serious injuries from a car accident was hit by a 20 year old who only has $30,000 worth of insurance.  The reality is that nobody is going to ever recover more than $30,000 on that case because even if you go after the 20 year old as an individual, they have nothing.  A caller to my office told me some lawyer said the case was worth a million dollars!  That might be what the case is worth because the injuries were so major, but if they tell the client they are going to get more than 30k they are full of it.

The good news is that most attorneys I come across are honest, decent people.  The bad news is that there are enough that are just bad business people or desperate and think they have to say what a client wants to hear.  All we can tell you is that if it seems too good to be true, it probably is and you should be aware of that before you sign with a lawyer.

In normal times, the Illinois Bar exam would have taken place two weeks ago.  Due to Covid it first got pushed to September 9 and 10 and now is going to be online October 5 & 6.

I remember a lot from the summer of 1994 when I took the Illinois Bar test.  The night it finished was a huge celebration with my classmates.  The summer itself was very stressful because if I didn’t pass I have no idea what I would do.

Back then every law student I knew took a class called BarBri.  It was started by a guy named Michael Spak who was also a professor at my law school.  The first week of the class he came to speak to us and gave what in my opinion is the key to passing the test.

He asked us how many of us were nervous about passing.  Not everyone raised their hand, but I do know that most people were anxious at least.  He then asked how many of us had clerked in law firms or been to the Daley Center. Almost every hand went up.  Professor Spak asked how many times we saw an attorney at a firm or court and looked at them and thought to ourselves, “I can’t believe that person is a lawyer.”  Most hands went up for that too and we all had a good laugh.

He then gave me all the confidence I would need.  He said something to the effect of “All of those dumb people passed the bar exam to become a lawyer and if they did it then so can you!”

That was a great pep talk and the advice after that was to just do the work and treat it like a job.  Their class had years of success in getting people to pass and I’m sure they or some other group is still doing that type of work.  We all blew off certain parts of school, but with the bar exam, if you go to every class, do all the reading, take all the practice tests and do it over and over and over, your chances of success are really high.

This isn’t some magical advice.  I was 25 when I took the bar and was doing it during a typical fun Chicago summer.  Those taking the exam this September don’t have neighborhood festivals, Cubs games or a huge nightlife to distract them.  In that way, taking the Bar during Covid is slightly easier.  But of course there are still fun things to do in Chicago (or anywhere) and while you should be having fun, the people I know who didn’t pass had too much fun and didn’t take getting ready for the exam serious enough.

The reality is that if you treat this time like a job you care about – and you should because you are the owner of the company – then you will likely pass.  When you take practice tests, you’ll have an idea of how well you are likely to do.  The more practice tests you take, the more you study, the better your chances.

And whether you get the best grade possible or the lowest passing grade possible, you still get to be a lawyer.

There is no other magic formula.  It’s kind of like weight loss.  There are a lot of gimmicks, but at the end of the day if you want to lose weight it usually comes down to diet and exercise. If you want to pass the Bar in 1994 or 2020 or 2040, it’s a matter of putting in a lot of work so you are as prepared as possible.

The Covid world is new for all of us and constantly changing. I, along with just about every attorney I know, supported the closing of the courthouses while we got things under control.  Cook County was extra cautious and kept the courts mostly closed until this week.  Some emergency hearings took place, some Zoom status calls happened, but most cases were just simply continued.

Now in Will County, DuPage and every place else things are getting back to normal.  If you had a case scheduled for trial, it can happen.  There are precautions in place and Zoom and other remote access services are being used for great benefit.

But in Cook County, Judge Evans has declared that every case set for trial is automatically continued until 2021.  There is no way we can have the mass of usual people in the Daley Center and smaller courthouses right now.  But there certainly is a way to make sure plaintiffs have access to justice.  Currently if a defendant demands a jury trial, justice is not possible.  It’s being abused by insurance companies to pressure injured people to take terrible settlement offers.  When you have no leverage there isn’t much you can do.

Unusual times call for creative thinkers.  In just downtown Chicago alone, there are scores of hotels within walking distance of the Daley Center. How easy would it be to use a ballroom or meeting room for a jury trial? You could easily social distance everyone while giving all parties their fair day in court.  I’m not talking about cases that got filed yesterday, I’m referring to cases that have been waiting for trial and didn’t proceed because of Covid.

Delaying these cases does nothing but overwhelm the court system and force good people in to unfair situations while insurance companies and bad actors get away with not being held accountable.

McCormick Place is another option that would seem to work. It’s huge, has security in place and I can’t imagine it’s in high demand these days.

If you want to have a hearing outdoors I’d bet places in Grant Park could work or even some rooftop deck areas.

The point is that doing something is better than doing nothing.  We could even do a trial run of smaller cases on Zoom to see how that goes.

Why we are trying nothing boggles my mind.  I’d think most people would even be in favor of trials at the Daley Center if we limited cases to parties directly involved in the case which would greatly reduce foot traffic.

I’m not optimistic because it’s Cook County, but here’s hoping that we get back to a true level playing field for all parties and that our legal system can get back on track. Doing nothing is going to have ripple effects for years.

One of the dumbest things we do is punish the poor financially for not having money to pay fines.  That leads to a downward cycle that affects them in a bad way. It’s how it has been in Illinois forever when it comes to parking tickets.  If you get too many tickets and don’t pay them you will get your driver’s license suspended.  When your license is suspended it means you can’t legally drive to work to make money.  That means of course you can’t make money to pay off these tickets or are forced to choose between important life expenses like medicine versus giving the Government your money.

Fortunately Governor Pritzker and the legislature are giving new hope to 55,000+ people.  Effective today based on a law that was passed in January, if your license is suspended for unpaid parking tickets, toll violations or other non-moving violations you are eligible to get your license back under The License To Work Act.

The State should have contacted you if you are eligible, but if they didn’t and you think you might be, you should contact them. It’s possible they don’t have up to date address information for you or made another error.

Prior to this, many drivers were filing for bankruptcy to get out of their tickets and ruining their credit.  That shouldn’t happen anymore. Best of all, you shouldn’t have to hire a lawyer to get your license back.  This isn’t a matter of judgment and you don’t need to get a restricted driving permit like before.  You should have your full privileges reinstated.

I will rag on politicians as much as anyone, but this is a great thing that was done and they deserve kudos for it.  It could probably go further, especially when it comes to child support, but it’s a great first step.

If you have any questions about this process, I highly recommend you go in to your local Secretary of State office.

There is a terrible trend in today’s celebrity and social media driven world where the loudest person can claim to be an expert on something. Dr. Drew made his fame by giving relationship advice.  He then went on to make money by giving substance abuse advice.  He recently made terribly wrong predictions about Coronavirus.  People don’t want to stay in their lane when there is money to be made.

Although no longer a licensed doctor, Dr. Phil also likes to give medical advice about things he’s not trained in. Talking loud or confidently is not a substitute for real expertise.  Instead of saying, “I’m not an expert on this issue, this is who we should listen to,” these TV docs just spout off opinions.

It’s bad enough when they do it with something related to medicine.  It’s even worse when they act like an expert in other things.

A good friend of mine sent me a video of Dr. Phil saying that if juries can’t hear cases, Judges could dismiss thousands of cases.

Technically anything “could” happen.  But there is no realistic way that thousands or even hundreds of cases are going to get tossed out because juries are not available.  Your right to speedy trial isn’t violated when the courts can’t open due to a pandemic. Might some people get temporary release from jail why they await trial?  Yes, and that should happen in many instances.  But they eventually will have their day in court if they want one.

Similarly, civil cases, which make up the great majority of jury trials, aren’t going to be thrown out because of a long delay.  That would unfairly harm plaintiffs and the reality is that it’s not uncommon for some civil cases to take years. I had a trial on a case I’m involved with that was supposed to start last week.  At the earliest it will go to trial in the fall and if not then next year some time.  That sucks for us and the client, but it’s just the way it is.

I love Oprah and even got to appear on stage at one of her shows once.  But her propping up carnival barkers like Dr. Phil, Dr. Oz and others is really a stain on her legacy.

Bottom line is that when you want to form an opinion on something you don’t know about, listen to an expert in that field.  And if someone thinks they have the answer for just about everything, they should be ignored and/or ridiculed.

There is a Chicago class action attorney I know who also does consumer fraud cases.  I’ve referred her some cases over the years.  Some of the cases she’s pursued, others she has rejected.  But on a lot of cases she has told me that she wants to bring a lawsuit, but the client doesn’t want to do the work needed to help her find out if there’s a good case or not.

Take this recent referral where a man had his car re-possessed.  He hadn’t done anything wrong, the repo company thought they were taking it from the old owner.  This is likely very illegal and a good case. Here is part of what she said to him in writing as a follow up.

As we discussed, when the car is released to you, if you are forced to sign anything, indicate you are signing under protest and without waiver of any rights.

You will also want to inspect the vehicle to ensure there has been no damage.  Take photographs of any issues and log any personal property that may be missing or lost.

And to reiterate, here is the paperwork I need:

1. A summary from you of what happened (provide dates, times, the names of the people you spoke with and what you said to one another)
2. A copy of all vehicle paperwork from the dealership
3. A copy of your payment stubs or correspondence with your finance company
4. A copy of the title
5. A copy of any documents the dealership says it sent to the finance company who claimed to have an interest in your car
6. Any Carfax or Autocheck reports you received

Once you have gathered this together, call me and we can arrange an appointment or telephone conference after you’ve e-mailed/faxed me the above.  Then I will be able to see if this is a matter my office can assist you with.

I’ve seen similar correspondence on other cases.  The reason the lawyer is asking for this is because the client is the only one who can get this information.  Surprisingly, many clients just want to verbally tell their story and turn over papers.  They expect the lawyer to just figure everything out.

No matter the type of case, that’s not how it works.  It’s also not how you can be successful and win the case which is of course the goal.  Your job is to paint as clear of a picture as possible for the attorney.

This is how it works in just any type of case.  It’s always a great idea to give your lawyer a summary of what happened.  If it’s an injury case, you want to get copies of accident reports, medical records or any other information.  If you’ve lost pay, you want to prove what you make via pay stubs.  Most of these items your lawyer can’t get.  In all cases you increase your chances of success by working with your lawyer.

Lawsuits aren’t meant to be easy, even when you’ve been obviously wronged.  If you want justice, you have to put some work in.

As always if you have questions and want a free consultation, please call us any time.

I usually post blogs based on good questions I get from callers.  Some questions aren’t long enough for a post, but are still worth discussing.  Here are some of the best ones I haven’t written about.

I got divorced and my attorney called me a couple weeks after the case was done to say I owe him a court filing fee.  He said if I don’t pay it he can cancel my divorce.  Is that true?

It’s not true and what a scummy lawyer.  They could sue you, but they would be committing malpractice if they undid the work you’ve already paid for and that was in your best interests.

How do I find a free criminal defense attorney?

The free option for people who can’t afford a criminal lawyer are the public defenders who get appointed by the Judge.  You don’t “hire” them, they are appointed.  Because of this, we don’t know any private attorneys who do free work for criminal defendants.

Can you handle my divorce on a contingency basis?

That is against the law in Illinois.

Am I able to sue a nursing home for not putting up rail guards?  My mom fell of the bed and broke her hip.

This is certainly a case that needs to be investigated.  It sounds like a case, but we’d be able to tell based on a review of the medical records.

How many employees have to be in a company in order to file for workers’ compensation?

Just one.

Is a younger attorney going to be more hungry to help me on my case?

They might be more interested in doing a good job that an attorney who’s burned out by their job, but a lawyer with just a year or two of experience being in charge of your case also runs a ton of risks, especially if they don’t have a lot of supervision.  Their lack of experience could harm you.

I live in Wisconsin, but was injured in a car accident in Illinois, where should I get a lawyer.

Illinois because if a lawsuit has to be filed it would likely be here since the accident happened here.

Can my employer make me use a sick day when I am workers’ compensation?

Not when your doctor has you authorized off of work.

Is it a conflict of interest for a criminal defense attorney to have been a prosecutor?

Not usually.  In fact it’s often a sign of an experienced lawyer who knows how to defend a case.

If you have any question you want to ask at no cost, fill out our contact form or give us a call.

Many of the blog posts we write are from questions that we get from readers and clients.  Some of the questions we don’t blog about, but are still worth sharing.  Here are some of the best questions we’ve received in recent months.  If you have a question fill out our contact form or call us at 312-346-5320 to speak with an Illinois attorney for free.

I am being considered for a labor job that I really want.  To help convince them to hire me, can I agree to waive my rights to workers comp if I get hurt?

By law this is not allowed and even if it was, it would be a terrible idea, especially for a laborer who is at a high risk of injury.  Fortunately, Illinois law saves you from yourself in this situation.

Do I have a right to get my medical records from my doctor?

Yes, under Illinois law you are entitled to a copy.

How long does a civil lawsuit take?

That depends on the facts of the case and whether or not you and the other party can agree to a settlement. On average it seems to be 12-18 months, but more complex cases or those with many defendants can take much longer.

I own a business.  How many people do I have to employ in order to have to have workers comp?

One. If you have any employees and don’t have workers comp insurance it’s a felony in Illinois.

How long do I have to contest a will?

The sooner the better, but in general it’s supposed to challenged in court within six months of the date that it is filed.  A failure to do that could cause you to lose your rights.

How do I know if my case will really go to trial?

Good question.  Honest answer is you never really know for sure.  Many cases seem like they are headed that way for sure only to settle at the last minute.  I can tell you that you can’t go to trial if your attorney doesn’t take all of the necessary steps required so if the case isn’t settling and seems to not be heading that way, they should absolutely proceed as if they are going to trial. Often doing that forces the other side to compromise.  Even if you start a trial, it’s not unheard of for a case to settle before it’s over.

My attorney is 80. Is that too old or should I be happy to have someone that experienced?

It probably depends on the lawyer, but I’m really suspicious in general when an attorney is working at that age and question if their heart is in it, how much vacation they take, how sharp they are, etc.

My sister died without a will, isn’t married, has no kids and told me she wants me to get everything.  My brother said that doesn’t matter.  Who is right?

Unless there are parents who are alive, verbal wishes don’t matter and the surviving siblings will split everything equally.

I caught my wife cheating on me. I confronted her and she filed for divorce.  Can I make her pay for it since it’s her fault.

Unfortunately no.  Judges don’t care who is at fault for the divorce when it comes to paying for it.  In fact, if you make a lot more than your spouse, you might have to pay for your lawyer and theirs too.

I was arrested and the charges were dismissed.  Can I sue?

Can you?  Yes.  Will you win.  That’s doubtful because the burden of proof to arrest someone is much different than that to convict someone.  So people get arrested every day of things they are innocent of and things that they are found not guilty of.  That alone doesn’t mean you have a case.  If everyone who had charges dropped could sue, we’d have no court system because it would be bankrupt.  I’m sure it sucks to have this happen to you, but it’s just the reality of how our criminal justice system works.

If you want to ask a lawyer a question for free, contact us any time.

We are Chicago attorneys who help people find the right law firm for their case anywhere in Illinois. If you would like our help, fill out our contact form or call us at 312-346-5320 to speak with an attorney for free.

The Illinois Department of Financial and Professional Regulation (IDFPR) was put in place to “serve, safeguard, and promote the health, safety, and welfare of the public by ensuring that licensure qualifications and standards for professional practice are properly evaluated, applied and enforced.”

To do this, the IDFPR governs over 100 professional licenses in Illinois imposing disciplines yearly on 3,000 licensees in the various professions and occupations it regulates.
When the IDFPR receives any source of a complaint or allegation against a licensee, the case is thoroughly investigated. After a complete evaluation of the case, the case is assigned to a prosecuting attorney in the department of the licensee. The prosecuting attorney, after review, can decide to close the case, file a formal Complaint or schedule the matter for a Disciplinary Conference.

A Disciplinary Conference is often referred to as an Informal Conference, but there is nothing informal about it. It is not mandatory, but results from an informal conference can result in very serious ramifications to your license, including censure and suspension. It is important to be properly prepared and/or represented to avoid a potentially expensive dilemma.

Howver, with proper representation, informal conferences can be an efficient and cost-effective way to resolve licensing disputes quickly and confidentially.

A Disciplinary Conference allows the opportunity for a representative of the licensee to meet on an ‘informal’ basis with a staff attorney and a board member. These conferences are confidential, and no court reporter is present. The focus during this is to resolve the matter without having the IDFPR file a formal complaint.

Because you want the case resolved without your license being affected, it’s extremely important that you have an experienced attorney in your corner at that point.  Don’t be fooled by the word “informal.”  This is all very serious business and should be taken seriously.  The longer the process plays out, the greater at risk your career is.

At the initiation of a Disciplinary Conference, the licensee will be asked a series of questions related to the complaint made against them. Following this is the time to present any pertinent information regarding the case. Customarily, the licensee and their attorney will be asked to leave while the Department attorney and board member(s) discuss the matter. Following this private discussion, all parties are welcomed back into the room to discuss next actions.

At this point the Department hasthe option to close the case completely. In some cases, the Department may issue an Administrative Warning Letter or a Letter of Concern. Neither of these letters are not reported and not kept as public record. Other cases, a settlement offer may be made.

If offered a settlement following a Disciplinary Conference, it is not an official finding of the board, no matter how it is presented by the prosecutor, and you can either accept, counter-offer or deny the offer. If accepted, a written Consent Order is drafted and presented for signature. This can take some time and it is very important that any document received relating to the settlement is carefully reviewed and is as agreed upon before consenting and signing. The Consent Order is then approved by the department board and finally by the Director of the Department’s Division of Professional Regulation for their approval. Only then can it be officially filed.

A Formal Complaint is made if the licensee rejects the settlement offer or makes no acceptable counter-offer. A Formal Complaint generally leads to a formal evidentiary hearing, which often leads to more sever actions against the licensee including larger fines, suspension or revocation of license, or other disciplinary actions.

If you have any questions about this process or need an attorney in your corner with a track record of success, contact us at any time.

We get a lot of calls about social security laws and benefits so we thought it would make sense to provide some information.

The differences between Social Security Disability Insurance and Supplemental Security Income

If you’ve suffered a severe injury or are suffering from an illness or disability that is keeping you from being able to work and earn a living, you may want to consider help. But, where does one start?
Thankfully, The Social Security Administration (SSA) oversees and manages two disability benefits programs to those suffering from disabilities who are unable to work or unable to perform substantial gainful activity (SGA). The SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are two different and separate governmental programs. With similar initials and only one letter away from similarity, it’s easy to confuse the two.

We’re going to jump in at the individual differences and requirements of each benefit program, but first, let’s quickly look at the few similarities between SSDI and SSI. Again, both SSDI and SSI are disability programs set by the SSA. To be eligible, they both evaluate the severity of your medical condition using the same criteria to show that your disability is enough that you are unable to work. A person cannot be earning or have the capacity to earn above the set substantial gainful activity (SGA) level (differs by program and state). Lastly, they provide monthly cash benefits and provide access to health care benefits, but are distributed differently.

The most notable difference between the SSDI and SSI is how benefit eligibility is determined. Specifically, SSI is based on need whereas SSDI is based on work records. Aside from this major difference, each program has its own qualifications and application procedures.

Social Security Disability Insurance

SSDI is a taxpayer-funded program for those with a either physical or psychological disability as well as blind persons. This cash payment is paid out early from the Social Security trust fund and is available to those who are ‘insured’ or have worked, and paid FICA taxes, for a required number of years.

The SSA does have a list of impairments that automatically qualify for SSDI benefits and should be an easy approval if one is able to show documents on the impairment, how and why they suffer.
Otherwise, it is not easy to obtain SSDI benefit as the rules, regulations, and guidelines can be rigid and overwhelming to applicants. However, the applications process is easier and the approval rates for SSDI are higher on average than they are for SSI. SSDI is based on work records, so benefits can vary dramatically.

There are two main qualifications the SSA look at: documentation of the disability and the evaluation of ones work history. Once deemed disabled, SSA will look at the recent and total duration of ones work history to determine their average indexed monthly earnings (AIME). Depending on the age one becomes disabled will depend on the amount of history records needed to qualify. Payment will then be based on the individual’s average covered earnings over this period.

There are times when a disabled individual is still able to work. Federal law states that any individual earning in excess of $1,000/month are able to meet the “substantial gainful activity” and, by definition, are not disable. The earned income for the blind is slightly higher.

Once approved, there is a five-month waiting period for benefits pay out. SSDI beneficiaries are also eligible to receive Medicare two years after deemed eligible for SSDI benefits. The amount of your monthly disability benefits will be based on your Social Security income record. Lastly, under SSDI, spouses and dependents, under the age of 18, are eligible to receive partial benefits.

Social Security Income

The SSI program is a need-base welfare cash benefit to low-income individuals over 64, blind, or disabled who have limited income and resources. This program is called a “means-tested program” and has nothing to do with one’s work history, as is completely a financial need. The fund does not come from Social Security Trust Fund as SSDI does, but by The Federal Government from general tax revenues.

SSI is not only qualified on the bases of income, but also based on ones resources. If an individual’s personal possessions were worth more than $2,000 (individual) or $3,000 (couple), they would be considered ineligible. (SSDI has no asset limits to personal property).

To be entitled to SSI benefits, an individual must be a U.S. citizen that can provide medical evidence that a disability will last for at least a year. If working, the total countable income should also be below listed Supplemental Security Income levels. This amount differs from state to state and can be pretty complicated.

Unlike SSDI, SSI has no waiting period for benefits and will start payout the same month as applied. Because the program is solely based on need, SSI pays out a standard benefit, Federal Benefit Rate or FBR, for everyone and then subtracts any countable income. In Illinois for 2018, an individual can receive up to $750 a month in federal SSI payments. In most cases, a person qualified for SSI immediately qualifies for Medicaid benefits. However, with SSI, there is no dependent coverage.

Clearly, SSDI and SSI benefits can be confusing and strict. Understanding the qualifications process will best be done by speaking to an experienced and knowledgeable attorney. If you’d like a referral please call us at 312-346-5320 any time.