Did You Know?

We are Chicago attorneys who will talk to you for free to answer any question you have or help you find the right lawyer for your case.  Call us any time at (312) 346-5320.  The service is free and we cover all of Illinois. Since 2001 we’ve helped more than 350,000 people and we would be thrilled to help you too.

Nobody wants to pay for a lawyer if they don’t have to.  Legal fees can be really expensive and in some cases even if you win, it feels like you lost and the only real winner is the attorney who took all of your money.

Because of this, we get a lot of calls from people looking for an attorney in Illinois who will work on consignment.  This is also known as contingency or “paid if you win.”  Essentially you don’t pay the attorney anything up front, but if they win the case, they get a percentage of what they recover for you, usually 1/3, but it can be more or less depending on the type of case and what you negotiate with them.  It’s risk/reward for them and you.

This type of fee isn’t available in all cases.  First, it can’t happen if you are in a case where money won’t be recovered such as a criminal case or when you are being sued.  It’s also not allowed by law in a divorce or custody case.  Attorneys typically don’t do it as well when the dollar amounts are small. In other words, if you are suing for $1,500, it’s not usually worth it to work on consignment.

So what types of cases can you get a lawyer who only gets paid if they win?

The most common cases are injury cases.  Car accidents, job injuries, medical malpractice, etc.  Every lawyer we know and recommend is consignment for those cases. If an attorney for an injury case asks you for up front money, you should run away.  It also happens with nursing home abuse, legal malpractice, social security claims (once you’ve been denied twice) and with class action lawsuits.

You can also get contingency attorneys in Illinois for some will contests (if the dollars are big enough), consumer fraud cases, some collection cases (when the defendant has money and your case is strong) and in some commercial litigation claims although when you are also being sued it makes finding an attorney much more challenging.

Bottom line is that there are consignment lawyers out there in Illinois.  If you would like our help in finding one, contact us at any time.

Have you ever thought of drawing up a written agreement between you and your partner for anything that could be legally related, but decided not to because “it’s not a real contract”? As one woman in Cook County found out, written agreements do in fact matter.

A woman in Cook County filed a lawsuit for child support for her twins. In most instances, this would be an easy fix. There is a father, and child support payments would be ordered. This is not the typical case. The man in this case wanted to be a sperm donor only, and in 2012 the parties signed an agreement as such which relinquished all of his parental rights and obligations. Again, not being the typical case, this couple also engaged in a sexual relationship during this time.

If it were to be proven that the twins in question were conceived during natural intercourse, the father would be held responsible for support of the kids. If it were proven they were conceived instead through IVF, the signed written agreement would be enforceable relinquishing his rights as the parties had agreed upon in writing.

In this case, the judge ordered that the parties split all costs and fees associated with determining a better timeline to pinpoint the conception. This order caused the woman to drop her case. The mom in this case said that there was no point in proceeding because she already knew that the kids were conceived during the IVF process. She apparently had not been completely honest with her attorney when they decided to file the Petition for Child Support.

Honesty and written agreements do matter. While a written agreement may not constitute an actual contract, they do show what the party’s intent was at the time of negotiation. Had this just been a verbal contract or agreement between the two of them, it’s much more likely that the Dad would in fact be on the hook for child support. The contract literally saved him tens if not hundreds of thousands of dollars.

Most people don’t enter in to contracts because they are trusting, don’t want to offend someone or think it will cost a lot to do so. The reality is that you can be trusting, but smart and protect yourself. You can’t worry about offending anyone when you are looking out for your best interests. And most of these contracts are simple and many don’t even require a lawyer.

Getting agreements in writing is what banks do, car dealers do, real estate agents do and anyone else who is smart does as well. Protect yourself by getting it in writing. If you don’t it could cost you a ton in the long run.

While people call me to help them find a lawyer, I actually offer two services with my website. It’s lawyer referrals AND legal guidance. By that I mean that I will give you my opinion of what should happen on your case and often that means telling you that you don’t need a lawyer.

Some people aren’t happy with that advice and are usually talking out of emotion instead of logic. A good lawyer takes the emotion out of a situation and offers objective advice. So for example, I had someone call me who was furious that their friend had borrowed $200.00 from them and hadn’t paid it back. They wanted an attorney no matter what it costs because to them this was about justice.

I tried to reason with them and make clear that while they could sue their former friend in small claims court, paying an attorney would be a waste. They’d likely spend $1,500.00 or more to recover $200.00 which when you aren’t angry clearly makes no sense.

There are hundreds of other examples I could give. Sometimes small claims court makes sense. Other times (especially if you live out of state), you just have to take the loss and move on.

Even in more serious matters, sometimes getting a lawyer isn’t worth it. For example, when someone calls us for an Illinois medical malpractice attorney, we can agree that a doctor or hospital was negligent, but also end up telling you that we don’t know a lawyer for your case. That’s because many people don’t have (fortunately for them) big damages which would justify the costs of a malpractice lawsuit.

In other words, it can cost more than $100,000.00 to go to trial in a medical malpractice lawsuit in Illinois. Just because a doctor was negligent does not mean that their insurance company will pay you anything voluntarily. So if we sue that doctor and you have only $50,000.00 in damages, we’d likely have to spend more than we can recover to take on the case which makes it not worth the while. Essentially we’d be going to trial in order to get our expenses back. You’d end up with nothing in the end.

In those situations small claims court isn’t a realistic option so all you can do is report the doctor to the Illinois Department of Professional Regulations, but realistically nothing is going to happen.

None of this is fair of course, but while we want justice in every instance where it’s possible, the hard truth is that just doesn’t happen.

When people call me for Illinois legal advice, I tell them the number one thing to do is be honest. It helps their case and helps their credibility. And of course it’s just the right thing to do. So I’m always surprised when there are attorneys who don’t follow the same rule. Or I guess I’m not surprised. Three examples lately have puzzled me.

Attorney #1 told a potential client that he could get his whole record cleared within 35 days tops. That surprised the client as he had heard different from other attorneys so he called me to find out the truth. Unfortunately this attorney was either lying or just making stuff up because the minimum time for a challenge to sealing or expunging your record is 60 days and even then the process takes 4-6 months on average from beginning to end. But some lawyers will just tell clients what they want to hear in order to get a case.

Attorney #2 is apparently short on money or burned out from the legal profession because he is teaching grammar school part time. But he assures his potential criminal defense clients that this other job won’t impact his ability to help them. Really??? What happens on the days that he needs to be in school and in court? Aren’t his relationships with prosecutors and Judges going to be lessened because he isn’t around them as much? If this attorney was honest with himself as well as the client of his that was freaked out about the teaching job, he would admit that you can’t be great at two things at once. Attorneys do get burned out on the law at times and some choose to leave the profession for other jobs. That’s fine, but don’t hurt others. Be honest and don’t take on cases that you shouldn’t handle.

Attorney #3 promotes himself heavily and talks about all of the great work that he does for clients. But the truth is that he’s just an incredible marketer and never actually goes to court. The lawyers that work for him do, but many people hire them on the belief that the main guy will be in their corner. That’s not at all true, at least not according to the many people who have fired him and called me for advice. But this guy apparently has no moral compass or is able to ignore it because he makes millions off of his brilliant self promotion.

For you as a potential client of any lawyer, the lesson is that while most lawyers are legit, not everyone is. You won’t offend them if you ask tough questions about them and verify what they do, who will handle your case, what to expect, etc. And if they have a problem with it you should find someone else.

I’ve started to become a student of positive psychology.  I talk to scores of people every day as I’m one of the few attorneys who will talk to anyone about any Illinois legal matter.  When you do that it can test your patience because many callers don’t want to hear the truth (e.g. me telling them why they don’t have a good case), but instead want to have someone tell them that they are definitely going to win.  One thing I vowed when I started this service almost 15 years ago was that I’d always tell the truth.  You may not like what I have to say, but you’ll always get a blunt, honest opinion.

Spending my day telling people the truth often leads to them telling me thank you.  Some people on the other hand don’t like it and since we are usually talking over the phone instead of face to face, they use it as an opportunity to tell me that I’m an idiot and have no idea what I’m talking about.  Others tell me that they’ll call around until they find a lawyer who will help them even if I let them know that if we took money from them we’d essentially be robbing them.

I used to be bothered by these people, but for the most part I’m over it.  Yet there were times when I’d be defensive and if someone was yelling at me, I’d give it right back to them.  That’s not who I strive to be and I’ve gotten better at remembering that these people for the most part want their lives to improve.

As I’ve started to study positive psychology, very basically of course, I stumbled upon a great book called The Happiness Advantage.  It’s written by a Harvard professor, Shawn Anchor, who consults with companies to improve morale.  He writes about how we can change negative attitudes and become happier in our own lives.  One of the main principles is that we chase things that we think will make us happy like success and money when the reality is that being happy will lead to those things.

I see this a lot with some of the miserable lawyers that I come across.  It’s stunning how many (usually older) men hate their jobs as lawyers and treat people, including their clients, like jerks.  Can you imagine having someone write you a check for $5,000.00 and then basically tell them what a piece of crap they are?  A lot of attorneys act that way and I’ve always sworn that I would never let myself get that way.  So far, so good.  I like my job and coming to work.  Too many of these guys come off as if they are trapped because they either aren’t qualified to do anything else or just don’t want to give up the great paycheck which of course doesn’t make them happy.

In the book, Anchor notes that lawyers have 3.6 times the depression rate as other employees.  I believe it.  It’s basically a hazard of the job.  And the reason it makes lawyers in to jerks in their professional lives is that we are trained to be combative and questioning.  Many lawyers admit that they end up having trouble talking to their kids without deposing them.  When they argue with their spouses it’s a cross examination.   We are also trained to look for flaws and not be accepting of what someone else has to say.  It’s part of what makes a great lawyer, but it also can turn them in to a terrible, unhappy person in their personal and professional life.

As a result of all of this, attorneys have a higher rate of drug use and alcoholism than the general public. We divorce at a higher rate too.  On the flip side, we make more money than most people, but that doesn’t make lawyers happy.

So what happens is lawyers either retire early or leave the profession because they know it or they act miserable.  If your attorney is acting like a jerk, you know why now, but I wouldn’t expect them to turn things around and start treating you well.

My .02 is that if you can’t take working with someone who doesn’t treat you like you deserve to be treated, look around to see if you can find someone better. In most cases you can switch attorneys without a penalty.  You are the customer and while the reason lawyers end up acting this way is explainable, it doesn’t make it right.

We represent and help a lot of people who have been injured in car accidents via our state wide network of Illinois attorneys.  One of the crazy truths about these lawsuits is that you can have the worst injury imaginable or even death, but if you weren’t hit by someone with a lot of insurance then you are out of luck.

Take the great comedian/actor Tracy Morgan who suffered massive injuries when the limousine he was riding in was rear-ended by a truck driver who hadn’t slept for 28 hours.  That driver was working for Walmart, so there was essentially an endless amount of insurance coverage.  While the settlement in that case was confidential, you can bet that Morgan and the other victims got millions of dollars to compensate them for their lost wages, pain and suffering and medical bills.  Morgan probably lost out on eight figures worth of work and because he was hit by a defendant that is a huge company, there was no worry about there being enough money to cover all the losses.

On the other hand, had they been hit by a teenager with $20,000.00 in insurance coverage, that is all they would get unless there is an uninsured motorist coverage policy.  Getting hit by a car at any time is usually bad luck, but in these cases getting paid is really just the luck of the draw.

There are other laws which don’t seem to be fair either.  Lets talk about three of them.

The first one I don’t feel that bad about, but if you drive someone to a bank to rob it and sit in the car the whole time, if they murder a teller or anyone else, you can get charged with first degree murder.  The law is essentially that if you agreed to participate in a felony then you are responsible for anything that happens during that felony even if you had nothing to do with it or no knowledge or desire to participate.  You could have been pressured to be “just the driver” and spend the rest of your life in jail.

When it comes to DUI’s, did you know that in Illinois you could choose not to drive because you know you are drunk and instead sleep in the back of your car, but still get a DUI? You could also get one while standing outside the car if you have the keys on you. The law is that if you have control of the vehicle and are drunk, you can be charged.  It’s an absurd law that does not encourage good behavior or smart decision making.  Can you imagine going to jail for a DUI when you were doing nothing but sleeping off your buzz?

A final law that drives me crazy is that child support has nothing to do with the relative incomes of each parent. I could have a court order to pay child support to you and be making $30,000.00 a year.  If you make millions a year and don’t need the little amount that I’m giving you, it won’t matter.  I’d still have to pay unless you choose not to receive it.  I of course think that each parent should have to support their kids, but when incomes vary that much, common sense should prevail.  It doesn’t happen that much, but Judges should be able to look at cases for what they are.

If you have any questions about any of these laws or any others, please don’t hesitate to contact us.    You can talk to one of our lawyer for free and it’s confidential.

We talk mostly on our site about Illinois laws and the types of attorneys who recommend.  There are approximately 70,000 active attorneys in Illinois and the ones we recommend are who we think are the best around for your unique situations.  There are plenty of good ones that we don’t recommend as well as we can’t of course know everyone.

However, there are some Illinois lawyers that, even though they may be financially successful, do not conduct themselves in a manner that reflects well upon Illinois lawyers and the legal field in general. Some examples include:

• Lawyers who prey upon the fears of their clients.
  Seeking legal advice can sometimes be a stressful and intimidating experience. It doesn’t have to be. A good lawyer is a good listener and a good counselor. A good lawyer will not seek out a client to convince them to file a lawsuit that will ultimately only benefit the lawyer. A lawyer who exploits a client’s fears in order to gain money, notoriety, revenge is not a good lawyer.
• Lawyers who talk down to their clients and fail to answer their clients’ questions.
  If you have a question, you shouldn’t be afraid to ask it and the response should always be respectful and in plain English.
• Lawyers who don’t return phone calls (either to their clients or opponents).
  Your lawyer should never be too busy to return your phone call. After all, you are the customer. Furthermore, if your lawyer fails to respond to opponents in your case, he puts you and your case in jeopardy. What if the opponent wants to settle? What if the opponent has another offer? What if the opponent has an alternative resolution? A good lawyer returns all phone calls.
• Lawyers who proclaim to be an expert in all areas of Illinois law.
  If someone claims to be an expert in all areas of Illinois law, walk away. You want a lawyer who specializes in one or two areas of the law and is an expert in those areas. We often say you wouldn’t go to a foot doctor for heart surgery. Similarly, you don’t want a real estate lawyer or, worse, a jack of all trades, representing you in your personal injury case.
• Lawyers who have their support staff contact the client on important issues rather than call the client themselves.
  It is okay to hear from a lawyer’s paralegals or secretaries from time to time on scheduling matters or organizational logistics. However, on crucial issues, you should be speaking directly with your attorney. You hired the attorney, not his support staff.
• Lawyers who don’t make it clear to their clients what options are available to them.
  Your lawyer should not be telling you what to do. Rather, your lawyer should explain the options available in your case and make recommendations. Ultimately, you decide on the course of action. If your attorney does not clearly present all of the options available to you, not only is he not doing his job, he is putting you at a major disadvantage.
• Lawyers who don’t communicate all important developments.
  Your lawyer should keep you abreast of all major developments in your case. You should never be left in the dark. It bears repeating that you are the customer.

Again, these are not the kind of lawyers we will recommend to you. Our goal is to find you an attorney who is the right fit for you and your needs. The only way we can do that is by recommending attorneys who we would also recommend to our own friends and family. No matter your location or questions, if you need any additional guidance call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.

Illinois has very specific rules for how wills must be prepared. In Illinois, a will must be: (1) in writing; (2) signed by the person making out their will to distribute their estate after their death, called the “testator”; and (3) signed by two witnesses while in the presence (generally the same room) of the testator. Illinois law is also very specific on who can sign as a witness to a will.

A witness must be “competent,” meaning they must be of sound mind at the time they are signing the will as a witness. Each witness must also be who they say they are, to prevent fraud. Finally, neither of the two witnesses signing the will should be financially interested in the will. They should be not be a “beneficiary” or “executor”.

A “beneficiary” is someone who will receive property or money under the will. If a beneficiary signs the will as one of the two required witnesses, he or she will lose either all or part of their gift under the will. However, the beneficiary may still receive his or her gift if they are what is called a “supernumerary” witness. A supernumerary witness is an extra witness–so if three people sign the will as witnesses, and one of them is a beneficiary but the other two are not, the beneficiary can still receive his or her gift under the will. Nevertheless, there is no benefit whatsoever to having a beneficiary sign the will as a witness, and it could cause problems down the road, so it is best to simply never have a beneficiary sign the will as a witness.

The “executor” is the person or company, such as a Bank or law firm, who carries out the collection and distribution of the deceased’s estate, and pays out any of the deceased’s outstanding debts. Under Illinois law, the executor receives a fee for these services to the estate. Unfortunately, if the executor is a person, he or she may not receive a fee for their services to the estate if they signed the will as a witness, unless they are a “supernumerary” witness. As with a beneficiary, however, there is no benefit to having the executor who is a person sign the will as a witness, so it is best if they do not do so. If the executor is a company though, employees of the company may sign as witnesses with no penalties provided that they are not also beneficiaries under the will. For example, if the Bank is named as your executor, and your daughter works at the Bank, she should not sign the will as a witness, but her co-workers can.

These rules regarding beneficiaries and executors do not apply to either your lawyer or your creditors. Your lawyer will still receive legal fees for his or her services to your estate, and your creditors will still get paid any debts that you still owe them upon your death.

The best persons to sign as witnesses to your will are usually your lawyer’s employees. Such persons are likely to be present when you sign your will, so you do not need to make any extra trips. If your lawyer, accountant, or bank or trust company is going to be named as your executor, having their employees sign your will at witnesses does not break any of the witness rules. Just be sure that neither of the two people you have sign your will as witnesses are also named as beneficiaries or individual executors under your will.

These seemingly simple rules for witnessing a will can become very complicated, particularly when friends or relatives offer to help you prepare your will. Therefore, it is best to retain an independent lawyer who can guide you through the process. A simple will can be as cheap as $500.00. If you are looking for a lawyer to assist you with preparing your will or other estate planning documents, please complete our contact us form or call us at (800) 517-1614 and one of our attorneys will point you in the direction.

See also: Can I legally move into my deceased father’s home?

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

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

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

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

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

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

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

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.

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.