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Your Cousin Is A Terrible Lawyer

Nobody wants to pay for a lawyer if they can avoid it. That said, I’ve been running this service for 15 years and have talked to over 300,000 people. I can’t tell you how many people over the years who have hired their cousin or uncle or friend for a case and then called me because they greatly regret that decision.

One of the biggest mistakes lawyers in Illinois make is assuming that they can handle any case or that taking on a claim will be easy. Insurance companies and other attorneys usually pounce in those situations and make the lawyer’s life difficult which in turn screws up your case. You’re essentially fighting with one hand tied behind your back.

The number one key to success in any legal case is getting an attorney with experience on the type of matter that you are handling. The problem that we see over and over is that your relative tends not to have the experience you need. Whether they take the case out of greed or pride or something else is beyond me. When the clients get to me it’s often because the case is either screwed up or dragging on forever. This leads to hurt feelings and often a bad result with the case itself.

For anyone who is considering hiring an attorney in Illinois, we always recommend that you think long term. That doesn’t mean go and spending $50,000.00 when your cousin will do the case for free. What it does mean is to try and figure out what your long term goal is, what’s the outcome you are looking for and who can best help you achieve that goal. If you were injured in a car accident and your relative has spent their career writing wills and filing bankruptcy paperwork, they aren’t the best attorney for you.

In any of these cases it’s up to you to look out for your own best interests. If you don’t then you can’t expect that anyone else will either. Don’t feel obligated to hire anyone other than who you think can do the best job for you. Once the case is done, it’s over and you can’t go back and hire the lawyer should should have retained in the first place.

To get a free referral for your case, call us at (312) 346-5320 or fill out our contact form. We want you to find the right fit for your situation.

No, Your Employer Can’t Make You Pay For That

A woman who contacted me works in a restaurant waiting tables. I used to be a waiter and know from experience that customer orders will get screwed up. It’s not on purpose of course, but things happen. You write it down wrong, the cook reads it wrong, the customer changes their mind. Things happen.

At my old restaurant, Bennigans, it wasn’t uncommon for us to offer a free desert or appetizer to try and smooth things out. It cost the restaurant next to nothing to make the customer happy and as waiters we didn’t really care. We just wanted good tips.

The woman who called me also has occasional unhappy customers. Her boss unfortunately deals with these problems differently. If they have to comp a meal because it took too long or was prepared wrong, they take it out of the staff’s check. If they comp a desert or app or anything else, it comes out of her pocket.

This is completely illegal. The same is true if the manager wants to take your tips.

It’s not just the restaurant industry. We’ve seen other employees who are asked to pay for office supplies. That’s not how it works. Drivers are forced to pay for damage done to vehicles out of their paycheck. It’s completely illegal.

In one extreme case, a driver who called us was expecting a check for over $2,000.00. When he got the check it said -$300.00 which meant the boss was telling him he owed them $300 for a big dent on the side of the truck. That is very much against the law.

The good news is that a lawyer can almost always solve these problems because there is no defense to them. And when you win a wage claim your employer usually has to pay your lawyer fees.

Bottom line is that if something seems unfair or just plain wrong, it often is illegal. Don’t just accept it. Investigate your rights by speaking with an attorney. You are always welcome to call our Chicago law office at (312) 346-5320. All calls are free and confidential. Alternatively, you can fill out our contact form.

The Good Of Sexual Abuse Lawsuits In Illinois

You wouldn’t wish sexual abuse on your worst enemy. It can destroy a life and really multiple lives because it can cause major intimacy issues.

In cases where you are fondled without consent, it takes an extra brave person to come forward because that usually means there is no DNA evidence. So it becomes a she-said/he-said situation which is hard to get an arrest on and also hard to win a civil suit.

That said, when one person comes forward it gives others the courage to come forward too. We saw this in action after we were contacted by a woman who was fondled by her Will County doctor. We referred her to a top attorney in Chicago for molestation and sexual abuse lawsuits. And it was certainly courage because this doctor was/is very popular in his community and had lots of supporters even when more damning facts became known. It was in a way similar to the people who continued to stand behind Bill Cosby even when woman after woman came forward against him.

When she came forward and the case got some publicity, that gave four other women the courage to also come forward. As a result the doctor was arrested, pleaded guilty and had his license to practice medicine taken away.

The best thing that a lawsuit can do is to prevent a bad thing from happening again. That is what this lawsuit did. It inspired others and got justice. The women did get a settlement, but it wasn’t anything life altering. The most amazing part of this case was that the doctor is no longer able to prey on other women who are his patients.

So while I certainly understand that it’s not easy to come forward in these situations, please know that if you do, you won’t be able to undo the harm that was done to yourself, but you may be able to save others. While that alone doesn’t make you feel better, we have found that it goes a long way to helping you move on with your life and feel a sense of closure. That is a result that no monetary amount can provide. If you’d like to have a confidential call with one of our attorneys, call us at (312) 345-5320 or you can fill out our online form.

See also: Civil lawsuits after a rape in Illinois

Why Not A Non Lawyer For The Supreme Court?

There is a ton of political nonsense about whether or not President Obama should be able to nominate a Supreme Court justice or if it should be the job of the next President. That’s not what this blog post is about.

Whether it’s in a few months or next year, eventually there will be a new Judge on the Court and you can bet your last dollar that they will be a lawyer. As an attorney myself you’d be surprised to know that I don’t think that is the best idea.

Nothing in the law of the land requires that a Supreme Court Judge actually be an attorney. I do think it makes sense that most of the Judges are lawyers and understanding case law, legal precedent and how the system works is certainly a good idea. It’s also not rocket science and is something we teach to every first year law student. Certainly it could be grasped by a non lawyer of any reasonable intelligence.

While I’m not suggesting that anyone off the street can/should take this job, I do think that a non-partisan, successful person would be a great choice. Howard Stern jokes that he’ll be appointed Judge if Donald Trump gets elected. He’s not serious, but the reality is that he was a great judge on America’s Got Talent because he had firm opinions that all had an explanation for them.

To me the most important quality in a Judge aside from being impartial is that they are willing to look at both sides of an issue and then make a decision based on reasoning, not emotion. It’s one thing if law is settled such as free speech under the first amendment. But when there are questions like should corporations be able to get out of class action lawsuits via hidden arbitration clause agreements or deciding what limits should be placed on a “well regulated militia”, we need someone who can look at these issues as they apply to our world today and offer common sense rationale.

With Judges we have the advantage of their previous rulings to determine if they are biased in favor of one side or another. With non-lawyers we wouldn’t have that, but we would have the lifetime of their tweets as well as a look at what they’ve done with their professional career to see if they are really impartial or not.

The point is that non-lawyer citizens seem to have no representation whatsoever on the Court and deserve to have their own voice. If that voice ends up being the swing vote it’s even better as results might actually then reflect the will of the people.

Sadly we don’t have nine Judges who are real swing votes. In most cases you know how most of them are going to vote and that their reasoning will just end up fitting their desires. How great would it be to have a Judge who actually judged? If it takes a non-lawyer to do that it’s even better.

Do I Have A Lawsuit – Illinois Wrongful Death Law?

A caller to my office was in a relationship with a man for 20 years. They did not have any children together, but he did have kids from a previous relationship. Although they considered themselves to be husband and wife, they were never legally married.

He, sadly, was hit by a car while crossing the street. He was in the hospital for a few days and then died from a blood clot that was not diagnosed in a timely manner. There is a potential wrongful death lawsuit against both the driver for hitting him as well as the hospital that did not diagnose him correctly.

The problem for my caller is that Illinois does not have common law marriage. So she has no right to sue for her emotional and economic loss as she doesn’t have a legal relationship with the man who was her partner for 20 years.

The man’s kids are the ones who have a right to sue and only them. It may not be fair, but Illinois wrongful death law isn’t always about fairness, at least when it comes to who can be compensated for a loss of a loved one.

The kids already have a lawyer and she was hoping to bring a separate lawsuit for herself. Even if she had a right to sue, there can’t be multiple lawsuits for the same action. One person gets designated to represent everyone’s claims.

The fact that his will left everything to her is unfortunately irrelevant. She will get his possessions such as the house that they shared and their joint bank account. A will though does not get to designate who can sue for an accidental or negligent death.

Of course nobody anticipates that they are going to die by accident. That said, if you are in a relationship with someone you’d be best served by getting married if something like this is important to you. If not, they and you risk suffering even worse if something bad happens.

If you have questions about Illinois wrongful death laws or would like our help in finding an attorney or learning if you have a case, please call us any time at (312) 346-5320. All calls are confidential and you can always speak with one of our attorneys for free. We can’t promise you a result, but do guarantee that we will give you honest advice and do whatever we can to help you.

How Much Does A Chicago DUI Lawyer Cost?

If you get arrested for a DUI, your life is pretty much on the line as you can go to jail, lose your license and/or have a huge fine. This can have a whack-a-mole effect as it can lead to loss of your job, marriage or other things that are important to you.

So to say the least, getting a good attorney to defend you is really important. It should be a lawyer who does a lot of work in the court where the case is being heard (e.g. don’t hire a Joliet lawyer for a Rolling Meadows DUI case). It should be a lawyer who is experienced with a real track record of success. The attorney needs to communicate with you and fight for you.

But what does a top DUI lawyer in Chicago or anywhere else in Illinois cost?

The answer is that a lawyer can charge whatever they want and in some unethical cases, they’ll charge as much as they think that they can get from you.

As a consumer, know that just because someone is more expensive doesn’t mean that they are worth it. Some lawyers (including many who we recommend) have developed a reputation as someone “you have to work with” so their clients will often pay whatever it takes to get them.

These are usually good attorneys, but there are plenty of them and others who won’t rip you off. In one horror story that I heard recently, a Chicago DUI attorney charged a client $18,000.00 to handle the case and told the client that he wouldn’t do anything other than have the case continued until he was paid in full.

What that tells you is that he cares only about his bottom line and not about the best interests of the client. It’s possible he could have resolved the case in one or two court dates, but didn’t do that so he could make more money. That is ridiculous.

So how much is reasonable? You should beware lawyers that are too cheap (anything under $1,500 in my opinion). There is a lot of work that is involved to succeed in most cases and I don’t believe that you can find a good lawyer willing to handle a case for less than that amount.

I think you’ll find that $2,500.00 is around average for a first time offender in the Chicago area. Even if you have a felony DUI I wouldn’t recommend paying more than $7,500.00 unless your case is unique.

Big picture, I strongly suggest that you talk to a couple of firms to make sure you are comfortable with their experience and strategy. It’s not much different than shopping for a TV or anything else. If a lawyer is much cheaper than everyone else it’s a warning sign. And if they are way more expensive it’s a warning sign too.

If you would like our help in finding the best Illinois DUI lawyer for you, call us at (312) 346-5320 to speak with one of our lawyers. It’s always free and confidential.

What is my case worth? Illinois Personal Injury

Determining a dollar value to a lawsuit can be a very difficult thing to do even though it’s the number one question that we get on an Illinois personal injury lawsuit. Many moving parts need to be examined before an attorney can answer the question, “How much is my case worth?”
The first determining factor is actual damages that occurred that can be monetized. In the case of a car accident, those damages go far beyond the simple cost of replacing or repairing the vehicle. Medical bills for instance are a big factor. The extent and longevity of your injury is another determining factor. If the accident has resulted in a life changing injury, your case could be worth more in a monetary result. Another factor that goes into the formula is if you lost work income due to recovery and treatment of those injuries, and how long you were out of work; if you have been cleared to return to work. How are these injuries going to affect your future, not only financially but your overall well being?

In some cases, the settlement offer will include up to three times the amount of medical bills and lost time from work (this is known as the “specials”) as a starting point, but that is a terrible way to negotiate a case.  Everyone’s life is different and how your injury affects your life and will in the future is a really important part of the analysis.  Even how your spouse is affected could be part of the settlement.

Additional factors to determining value of a case do include the financial side of the accident. Can the fault be placed on someone other than you for the accident? Is that fault clearly placed on the other party? If the answer to those questions is yes, the next factor is collectability of a settlement. If the other party does not have insurance the chance of a high settlement goes down, because it will be too difficult or nearly impossible for another person to pay the settlement. If they did have insurance, one of the components of the formula is their insurance policy limits.
Your attorney may suggest several different ways of coming up with a dollar amount to ask for before proceeding with settlement.  Of course, settlement is a negotiation process, and this is not one you should try to do alone, without an attorney. There are potential future risks if you settle too low, and of course, there are risks for asking for a settlement that is unrealistic. Settling is often the better choice due to the potential of extra legal fees that will come out of any settlement recovery.  Your attorney will also discuss any and all options before accepting a settlement on your behalf.

Ultimately though you must be happy with the settlement.  That doesn’t mean you can be unreasonable and expect to get anywhere (e.g. if you broke your arm, but don’t have any long term problems and missed little to no time from work, asking for a million dollars would be a joke).  At the same time, it’s your life and you shouldn’t take a low ball offer just to get the case done with. Once it’s settled, it’s over and you can’t go back months or years later and ask for more money.

If you have questions about what your case might be worth or just want to ask questions of one of our attorneys, call us at any time at (800) 517-1614.  It’s always free and confidential.

Is It Possible To Make A Good Lawyer Commercial?

https://www.youtube.com/watch?v=q7LwRFhfRQc&feature=youtu.be

You’ve all seen the ads.  Especially on those days when for whatever reason you aren’t at work, but are instead watching Jerry Springer or Judge Judy in the middle of the day.  The creepy, slimy attorneys who say things like “We don’t get paid until you do!” or “I’m a warrior” or “We did it for them” along with pictures/video of clients on crutches, in wheel chairs or with bandages around their heads.

They are essentially a Better Call Saul episode that has come to life.  It’s gross and helps give attorneys a bad name.

Every year I get called by cable companies asking me if I would run a TV ad.  Every year my response is the same. Yes if the price is right AND if you can develop a non-cheesy, not disgusting ad for my law firm.  I’ve never been pitched anything that I’d be proud to put my name on. Granted, our practice is unique in that we provide legal guidance and lawyer referrals, so it’s not as if they can take a cookie cutter approach with us and re-do an ad that worked well for someone else.

I have looked at a bunch of lawyer commercials myself because I’m intrigued as to whether it’s even possible to create a good lawyer commercial.  I’m creative, but not that creative, so it won’t be me that can put something together.

So we are holding a contest.  If you can create a great lawyer commercial for Illinoislawyers.com, we’ll pay you $5,000.00 if we use your commercial or concept.  No hidden agenda or strings attached.  We have traditionally done all of our ads on the internet, but wanted to see if there was a good way to promote our service on TV.

Looking for guidance.  30 seconds tops.  Not something that would run on day time crap TV.  Our motto is that we treat callers like family members or friends while at the same time giving direct, plain English advice because that’s how we would want to be treated.

If you think you have a concept for us, fill out our contact form and let’s go from there.  We will accept submissions between now and May 1st.

Illinois Divorce When Your Spouse Has A Substance Abuse Problem

If you read our website, you know that we highly recommend that when you hire an attorney in Illinois, you choose one who has a very narrow practice focus.  Illinois attorneys can’t legally call themselves specialists, but you want someone who isn’t a jack of all trades lawyer, but instead just handles the type of case you have.  So a “specialist” even if we can’t call them that.

When it comes to choosing a divorce attorney in Illinois, you not only want someone in your corner who is experienced and will fight for you, but you need to make sure that they understand the issues you are facing.  Some law firms are good at divorces when one spouse owns a business. Others have had success with child custody disputes.

Most firms who focus on family law will also deal with substance abuse in marriages because it comes up a lot. The question for you is, are they paying appropriate attention to this potentially devastating problem.

If your husband/wife is an alcoholic or abusing drugs it can cause so many problems. First and foremost is that you don’t want them to be alone with your children and certainly not taking the kids anywhere in a car. As a client you can’t just hope to prevent this, but instead need a lawyer who knows how to properly present a motion that shows this concern and knows how to prove your allegations are true. Often this will mean getting an order of protection on behalf of the kids.  Other times it’s handled in a straight custody hearing where we argue that any visitation should be supervised.  It’s all about knowing how to win and showing that you have won in the past.  You don’t want an attorney to have one of their first experiences handling this problem on your case.

Beyond the kids, there is also the issue of the spouse who blows all of the family funds on their habit and runs up large debts.  These are marital funds and even if they are taken away via reckless spending, they some times can be recovered as well.  For example, if you have a $100,000.00 401k, typically you and your spouse would split it 50/50 if it was all earned during the marriage.  But if your spouse spent $20,000.00 on a cocaine habit, you might get a credit for that wasteful spending when it comes time to divide the 401k.

Other things can be done such as drug testing to prove your allegations are true.  This all starts though with an attorney in your corner who knows what they are doing.  We can’t call them specialists, but that’s what you need.

If you would like our help in finding the right lawyer for your case or just have questions, call us for free at (312) 346-5320 or fill out our contact form and we’ll call you.

Illinois Legal Malpractice – How To Avoid A Bad Lawyer

We have a philosophy when it comes to recommending an attorney.  Actually we have a few.  But the overall one is that we try to recommend an attorney who gives you the best chance of success.  These are attorneys who we would recommend to family members or friends.  This for us means experienced attorneys who deliver great customer service and have a narrow practice focus.

That last part is the key.  If your lawyer is handling car accidents and divorce and DUI’s and real estate closings, they are what is called a general practice lawyer. They are allowed to do that and those types of attorneys are pretty useful in small towns where there aren’t a lot of options.  In a bigger city or even a medium size city though, there are a ton of great options for most types of cases and you’d really be making a mistake if you hired a jack of all trades type attorney or law firm.  Not just in Chicago, but anywhere in the Chicago area, Rockford, Champaign, Peoria, Belleville, etc. For almost any legal situation you can find a lawyer who has a narrow practice focus and that gives you the best chance of a good result.

Not only does this type of attorney help you win your case, but it also greatly decreases the likelihood that they will commit legal malpractice and you’ll have to sue them.  I recently took a continuing legal educational course on the subject and it turns out that almost every instance of legal malpractice in Illinois comes when lawyers dabble in areas of law that they really don’t have an expertise in. Again, an attorney is allowed to take any case which walks through the door, but that doesn’t mean that they should.

There are so many little exceptions to all areas of law and new cases coming out all of the time that it’s practically impossible to be up to date with all developments in a way that is in the best interests of your clients.  Lawyers love money though so instead of referring cases out or declining to get involved they take a short sided view which is in their best interest only, or so they think. The most common legal malpractice case we come across is a lawyer who dabbles in personal injury and misses the statute of limitations for filing a lawsuit in time.  They assume those cases are easy, discover that they are not and then end up getting sued.

In fact, I can only recall one case in the almost 20 years I’ve been an attorney where a lawyer who has a great track record blew the time limits for suing and that apparently was due to a clerical error by their staff.  Most experienced firms though have a docketing system with multiple layers of protection which prevent those types of errors from ever happening.  That’s a hard system to have in place when you try to handle everything that walks through the door.  And there aren’t enough hours in the day to learn all the nuances to every practice area.

So we can’t guarantee you a result and no attorney wins every case. If they say they do, they are lying.  We can though help you find the best attorney for you.  And that won’t be a lawyer who will take any case which walks through the door.  If you did hire a lawyer who screwed up, call us.  We’d be happy to help you find someone to sue them.  The only way these firms are going to learn to stop dabbling will be if they get punished for their mistakes.

When Do You Have To Be Read Miranda Rights?

Any episode of Law and Order, and every other cop show out there will bellow them out. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” There is another part of Miranda rights that are often left out, yet implied which is if you choose to speak without an attorney present, you do have the right to stop the interview at any time.

However, is it true that if you are arrested police MUST give you those rights at the time of the arrest? The answer is no. If and when you are arrested, the police only have to give you those rights if they plan on using whatever your answers are, as direct evidence of your guilt. The part that is true of course is the timing of when these rights are read to you.

If an officer wants to interrogate you, it doesn’t matter the physical location. It could be at your front door, on the side of the street, the back of the police car or even at the station. Nothing you say prior to being read your rights can be used to incriminate you at a trial to determine your guilt. If you have not been placed in police custody, your rights do not need to be stated. There are also a few other exceptions to the Miranda rights rule. One is called the emergency exception to the Miranda Rule. This exception allows for scenarios where the public may be at risk if the officer does not obtain vital information quickly enough.

As a rule of thumb, if you are arrested and taken into police custody, the only time the police can ask you specific questions that could be incriminating is during the booking process because those questions are not meant to draw out a specific answer that may be incriminating; those questions are answered by all people being booked into jail. If you are only a “suspect” you don’t have the right to an attorney and don’t necessarily need to have been read your Miranda rights. Once you have been arrested and are in police “custody”, to be questioned, you will need your rights read.

I often get calls from people who think that they can have their criminal charges in Illinois thrown out because the Miranda rights weren’t read.  Hopefully you realize from this post that they are incorrect and it’s a terrible strategy for defending a case. I’ve talked to people who went in front of a Judge alone as they were confident this argument would set them free.  Some made the Judge laugh, others pissed the Judge off and only made their case worse.  You don’t want to have that happen to you.  Blaming that you are uninformed because you watch too much TV won’t get you out of trouble.

Five things you should know before hiring an Illinois lawyer

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

  1. Not all lawyers handle all kinds of cases. A big indicator of success, in our experience, is whether the lawyer on your case has handled similar cases in the past. The more this is true, the better. If your attorney has handled dozens of DUIs, then they are better equipped, generally speaking, to handle yours. Obviously, this is only true if the attorney has been successful in his or her prior cases. Make sure they have a track record of positive outcomes for their clients.
  2. Big firms aren’t always better. Experience and location matter more for routine legal issues. You want your lawyer to be local so that they know the other attorneys, as well as the judges if you have a court case. Your attorney’s individual experience, as we mentioned above, is extremely important in trusting them to handle your issue. On the other hand, a big downtown law firm can have its advantages. If you have an expensive case and you need a firm with a lot of resources, then a bigger firm is likely a good fit. But don’t assume bigger is better. Focus on what you need in your attorney or firm before deciding who to hire.
  3. The fee depends on the type of case. Attorney fees are a big question mark when you are just beginning to consider hiring someone. A contingency fee is one in which you don’t pay anything upfront but rather pay a percentage of what you win in the end. A flat fee is just that. You might expect a flat fee for the drafting of your will, or something that is fairly routine. An hourly rate is typical in family law cases and other cases that are unpredictable or don’t involve a monetary award at the end.
  4. Get a free consultation if you can. At a consultation, you can ask questions and find out what type of fee you can expect in your situation. It’s a great way to get a feel for what you might be facing. If you are using the Internet to research your legal issue, then you’re probably feeling overwhelmed. There is so much information out there but no real way to find out whether it applies to you.
  5. For best results, ask a lot of questions. At your initial consultation – and throughout your case – ask questions. At first, this will help you know whether you are hiring an attorney who is a good fit. The more you talk and interact, the more you will be able to judge their character. This can end up being just as important as their legal expertise. Next, you should continue to ask questions and stay involved in your case. The more informed you are, the less likely you are to be surprised or caught off guard.

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

Thanks and Happy Holidays

We post a new blog every Wednesday on a different legal topic.  We’ve been helping people find the right lawyer for their case since 2001 and have helped more than 300,000 people during that time.

With the end of the year upon us, we just wanted to take a moment to say thank you to everyone who has trusted us as the top resource for people who need Illinois legal help.  Many lawyers hate what they do, but we love it because we actually get to help people.

Have a safe and happy holidays.  We are on call 24/7 over the next few days and every day.  So if you need our help, please call us at (312) 346-5320 or fill out the form to the right. It’s always free and confidential.

Cheers!

Louis CK Should Be Your Divorce Mentor

With the holidays upon us, more people in Illinois are thinking about divorce than any other time of the year.  The holidays have a way of making people realize that they aren’t happy in their marriage and with 2016 right around the corner, many want to get a fresh start.

The very funny comedian, Louis CK, has been through a divorce and I love his joke in the picture. He’s right when he says that “no happy marriage ends in divorce.”  You might be happy in your relationship and get blindsided by a cheating spouse, but the truth is that if they are cheating on you, it’s not a happy marriage.

From my standpoint, the best part of the joke is that it has a real lesson which is that if you can accept that you aren’t in a happy marriage then you can accept that it’s best for you to get divorced.  Of course that’s a lot easier said than done, but the ones who have that ability can start making rational decisions instead of emotional ones.  You won’t be trying to get back at your spouse, you’ll be trying to get a result that you will be satisfied with and move on with your life.

Whenever someone calls us for advice on a divorce or looking for an attorney referral, the first thing we tell them is that they need to get a game plan together.  By meeting with an experienced family law attorney you can make sure you are thinking about EVERY issue that needs to be handled to get you to the end point in your case.  You also need to not just worry about what you want to happen right now (e.g. custody of the kids), but also a year from now (religion of the kids, where you want to live), five years from now (what are you going to be doing for work and does that impact your case, what will happen if you re-marry) and ten years from now (possibly planning for college expenses or selling the marital home).

It’s not easy to game plan when you are only thinking about revenge or the hurt you are feeling or simply trying to hold it all together.  We get that.  That’s why having a good attorney in your corner is important as it can take a lot of the pressure off of you.  But it’s still on you to focus on your goals and the Louis CK joke, while funny, should help you realize that.

That’s not to say you are going to finish with a divorce and be happy or even enjoy the divorce process.  But you can make it go smoothly and start getting on the path back to happiness.  If you’d like our help in making that happen, please call us at (312) 346-5320.

All About The Daley Center in Chicago

In Cook County, the main courthouse is the Daley Center. It is the home to most of the civil matters and some traffic cases as well. It is considered the first district courthouse of Cook County.

The Daley Center is at 50 W. Washington St. in Chicago. The following is a list of some of the cases that take place there:

  1. All Cook County probate matters, including wills of deceased, estates of deceased, estates of disabled adults, estates of minors and wards of the state, guardianship of minors, and guardianship of disabled adults are taken care of at the Daley Center in Room 1202.
  2. Claims made in excess of $30,000 are heard in Room 801 of the Daley Center. These are considered Law Division cases. The type of cases heard include: personal injury, property damage, breach of contract, commercial litigation, and all tax related matters.

Other types of cases include personal injury/wrongful death, legal malpractice, libel/slander, and miscellaneous remedies, including replevin, condemnation, Unemployment Compensation review, Workers’ Compensation review and administrative review.

The Suburban Districts also accept Law Division filings and, in certain cases, hear Law Division cases in excess of $100,000.00.

The Civil Division, located on the 6th floor of the Daley Center, hears actions when the amount of the claim is less than $30,000. The types of cases heard include: contract, property damage, personal injury, eviction, replevin, county use tax forfeiture, attachment and garnishment actions. Civil Division cases are also heard in each of the Suburban Districts.

The Small Claims Court section of the Civil Division resolves disputes between parties where the amount at issue does not exceed $1,500. The party may act as their own attorney.

  1. Other matters, referred to as matters in equity, are heard in the Chancery Division of the Daley Center in Room 802. These matters include injunctions, class actions, mortgage foreclosures, names changes, declaratory judgments, partnership and corporate dissolution, mechanic’s liens, statutory and administrative review, trust and trusteeships, and breaches of fiduciary duties.

The Daley Center also handles proceedings dealing with taxes, mental health, adoptions, and elections in the County Division which is located in Room 1202.

  1. The Daley Center has a Criminal Department located in Room 1006. This department is the Keeper of Records for all Misdemeanor Criminal cases in the First Municipal District. Records of all criminal court proceedings on Misdemeanor case that occur in the city of Chicago can be found here.

The Criminal Department provides access to First District Misdemeanor files for public viewing. It also provides Certified Copies of documents in the files and expungement and sealing services for Criminal Misdemeanor files. Actual criminal cases are not heard at the Daley Center.

  1. The Daley Center also hears domestic relations cases in Room 802. The Domestic Relations Division hears petitions for dissolution, invalidity of marriage, joint simplified dissolution of marriage, custody and visitation, legal separation and all civil orders of protection and post decree issues.
  2. District 1 also has a Child Support Division that is located in Room 200 at 28 N. Clark St in Chicago. It maintains permanent records of court ordered child support payments to custodial parents. There is also a Child Protection Division that has original jurisdiction over cases filed under the Juvenile Court Act involving abused, neglected, and dependent minors. Child protection also hears cases involving private guardianship and termination of parental rights. The Juvenile Child Protection Division is located at 2245 West Ogden Avenue in Chicago.
  3. The Daley Center also has a Traffic Division which is responsible for the maintenance of records and collection of fines for all cases involving City of Chicago moving violations. They do not hear matters related to parking tickets. The Traffic Division for the First Municipal District handles only tickets issued within the geographic boundaries of the City of Chicago.

If you have any questions about the Daley Center or want our help in finding an experienced attorney for cases there, please call us at (312) 346-5320.

Yes, You Can Rape Your Spouse In Illinois

In 1992, an Illinois case eliminated the “marital exemption” to rape laws. So how is it now in 2015 we are still pondering the question of can a husband rape his wife? Does being married change a woman’s right to say no? According to a Grundy County judge, yes, a man can be convicted of and go to jail for raping his wife.

In 2013, a woman was hospitalized after a brutal sexual incident involving her husband.  She made the claim that she woke up to her husband sexually assaulting her in an attack that resulted in a four-day hospital stay. Her husband claimed the sexual contact was 100% consensual and any injuries incurred were strictly accidental. The drama of the case played out in the court room with both parties testimony being called into question. The husband, through his attorneys are claiming that while his wife was in fact drunk on the night in question, but that she gave full consent. This defense brings up the question of the definition of rape in Illinois, “Unable to give knowing consent to sex”. If a wife is in a drunken pass out state, does she have the ability to give knowing consent?

In this specific case, the answer is no, due to her drinking and being passed out, the wife was not able to give consent; even to her own husband. Therefore, her husband was found guilty of aggravated sexual assault and sentenced to 8 years in prison for the incident. She has since filed for divorce, while her husband starts the appeals process. Her husband is expected to serve at least 85% of the time he has been sentenced to serve.

Bigger picture, being married doesn’t mean you are happy.  Being married doesn’t mean you have to have sex whenever your spouse wants it. Being married doesn’t mean you give up your rights to say no.  Being married doesn’t mean that consent is automatic.

This is no different than going to jail for beating your spouse or any other crime that you can commit against them.  It’s amazing that we still have to have these conversations just like apparently some people don’t think that a porn star can be raped.

While I’m sure there were other issues in this marriage, the reality is that you could have the best marriage in the world and if you climb on top of your passed out spouse and penetrate her, you are committing rape.  And if you end up in jail as a result you’ll have nobody to blame but yourself.

Junk Texts and Junk Phone Calls – Your Legal Rights

Raise your hand if you hate spam or wasting time.

Is your cell phone being inundated by telephone calls or texts from automated messages and telemarketers? In 1991, a law was passed that makes this process illegal. The law is called the Telephone Consumer Protection Act, or TCPA. TCPA encompasses a few items including telemarketing, automatic dialers and spam fax. This law implemented in 1991 was amended by the FCC in 2003 that changed the rules to include the national do not call list. Along with making these solicitation calls illegal, the law also states that a commission must continue to update the rules and procedures used are the most effective and efficient available.

An easy way to break down what TCPA is exactly would be that it is against the law for a company to initiate a phone call, text message or fax without that person’s permission through prior express invitation, an existing business relationship, or for a nonprofit organization. These unsolicited contacts do also include calls made to a cell phone or any other carrier service for which you could be charged for the call.

If you are having issues like this, you do have rights. You can even file a lawsuit if a company violates TCPA. The rewards of filing a lawsuit could be small, however the reward or recovery could be any money you lost because of the calls; your actual costs from cell phone providers, etc. or you could receive up to $500 in damages for each violation. If you are able to prove the offender knowingly violated this law, your award could be up to tripled, amounting to $1500 per instance.

Like any other successful consumer fraud case, there is no cost to hire an attorney to take on these cases as the lawyer fees get paid by the defendants and only if you win the case.

There are a lot of terrible laws out there that do nothing at all, but this is a great one because it can actually stop spammers.  One successful lawsuit is usually enough to deter any company from continuing this annoying practice.  And it’s not just scammers who are doing this.  Many legitimate companies have young marketing staffers who simply don’t know what the law is and think that junk calling or texting is a great way to reach people even though they would never want those contacts themselves.

If you have questions about a possible lawsuit or want a referral, please contact us at any time. We are based out of Chicago, but because these are Federal cases, we know lawyers who handle them anywhere in the country.

Illinois Divorce- When Your Soon To Be Ex Files A Crazy Motion

Probably the most common area of law that we help with is Illinois divorce law.  Plain and simple there are just more of those cases than any other area of law.  We help people find the right attorney no matter what their situation is, but divorce is clearly the most common.

While some divorces are clean breaks, many involve hurt feelings and people acting on emotion instead of logic. Because of this, crazy things can happen that can, well, drive you crazy.

The #1 problem is from soon to be ex’s acting like a jerk and doing whatever they can to get under your skin.  A good lawyer can’t always do something about that, but we can try.

The #2 problem though is created by lawyers.  A recent caller to my office is typical of the problems a bad attorney can create in this situation.  My caller is a stay at home mom with three kids.  She and her husband both want the divorce, although he moved a little faster than she did and got a lawyer.

The lawyer had her served with a petition for dissolution of marriage, e.g. a divorce petition.  She didn’t know it was coming, but it didn’t rattle her.  What did cause a problem were the contents of the petition.  In it, the lawyer asked that she move out of the maritial home, give him full custody of the kids with no visitation for her, pay him child support, pay him his lawyer fees, give up any rights to the joint bank account or other marital property and have her pay him maintenance.  Mind you that one of the kids has special needs, she’s been a stay at home mom for 15 years and while she did a couple years of college, he’s a medical doctor pulling in a mid six figure salary.

Needless to say, she was stunned and then pissed off and then a little bit frightened.  Her husband gave her no indication that this was coming and beyond that, he hardly spends any time with the kids.  She called me and was ready to go to war.

We’ve been helping people find the best lawyer for their case for almost 15 years via our state wide network of experienced, successful law firms.  The lawyers we recommend fight for their clients and they are people who we as attorneys would hire ourselves.

We don’t just recommend lawyers though, we also provide free legal guidance.  Part of being a good attorney is helping take the emotion out of the situation and getting a client to be goal focused.

What I explained to this caller is that her husband clearly has a terrible attorney.  Basically the lawyer presented what would be an extreme best case scenario.  Lawyers without skills will use this tactic so they can have a lot of room to negotiate on a case and act as if they are really compromising when they give up on some of their demands.  It’s a pretty amateur move.  It would be similar to the agent for a baseball player who hit .250 the year before asking the team to pay him $30 million a year so he won’t look as unreasonable when he asks for $10 million a year.  I can tell you that it doesn’t work in sports and doesn’t work on good attorneys.

I was able to talk this very nice woman off the ledge and let her know that based on what she told me, she’ll actually end up getting just about everything her husband’s lawyer was asking for if this goes to court.  It’s clear that either his attorney is inexperienced or is just trying to create a battle to run up some huge bill.  It’s really his client who will be hurt by this.

These types of motions aren’t much different than when your ex says something like, “You’ll never see the kids again!” It’s really easy to let them get you riled up, but you have to take emotion out of the equation and remember that they aren’t the Judge and you certainly shouldn’t take legal advice from them.

If your ex or any opponent in a legal case is making you insane, the best advice I can give you is to relax, take a step back and put your case in the hands of someone who will fight for you, but isn’t going to make emotional decisions.  Of course helping you find that person is what we do better than anyone else.  Fill out our contact form to the right if you’d like our help.  It’s free and confidential.

Illinois pre-nuptial agreements, what you need to know

A very nice guy called me looking for an experienced lawyer in Chicago to prepare a pre-nuptial agreement. He didn’t really want one, but his wealthy Dad said that if he didn’t have one he’d be cut out of his inheritance.

The two of us had a long conversation and I was able to refer him to a top lawyer who should be able to help.  During the conversation a lot of information came up which I thought would be relevant to anyone who is looking to have a pre-nup done.

1. Don’t delay. Any pre-nup done under the gun, usually 30 days or less before the wedding, is likely to get voided. My caller was doing this six months in advance and that’s the right time to do it.

2. There are two of you, but each of you can’t use the same lawyer or law firm. The lawyer is supposed to look out for only one of you.  Get your own attorney and make sure your fiance has their own too or it might not hold up.

3. Anything can be in the document.  What you put in there is based on your goals and what’s unique to you. It can be as simple as listing everything acquired before the marriage or more specifically focused on certain items.  It can also change over time based on the length of the marriage.  One NFL player we were involved with had a pre-nup that said his wife would get $1 million cash if they got divorced and nothing else.  If you both agree to it, it’s usually legal.

4. If you own a house before the marriage and only your name is on the title, it’s your house.  You don’t need a pre-nuptial agreement for that.  Just don’t add your fiance/spouse to the title.

5. Same is true if you inherit money.  If you don’t put those dollars in a joint bank account or otherwise co-mingle them, you can keep that money. It’s when it’s not clear that you kept the money separate that you have problems.

By the way, it’s a great idea for everyone to have one of these agreements in place. Nobody goes in to a marriage expecting that they’ll get divorced some day, but of course it happens.  Much like when business partners break up and distribute assets based on a partnership agreement, a pre-nup can save you lots of time and money for lawyers if something goes wrong and the marriage ends. It’s not romantic to think of it this way, but in a marriage you really are just business partners, legally speaking.

This can be confusing, so if you have any questions or want an attorney referral, fill out our contact form to the right or call us at (312) 346-5320 for a free, confidential consult.

This Is Why Your Lawyer Is A Jerk

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.

 

 

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