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

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

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

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

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

A high-low agreement is a form of settlement, made before or during trial, in which both sides agree to high and low limits as to what the case will be worth. The parties are agreeing to put limits on the jury verdict.

In a high-low agreement, each side has the chance to minimize their risk. For the plaintiff, they get the benefit of knowing that they’ll get paid either way, whether they win or lose. For the defendant, they get the benefit of avoiding a runaway jury award, which can be extremely high.

In order to get these benefits, each sides gives a little. The plaintiff is agreeing to not take a huge jury award, and the defendant is agreeing to pay even if the jury says they win and don’t have to pay anything.

These agreements are just one type of settlement. In this type, the jury still deliberates and comes back with a decision. If the jury’s decision is outside of the limits, then the agreement comes into play and the verdict doesn’t apply. In a typical settlement, the parties come to an agreement on a settlement amount and the case is over without going to the jury.

High-low agreements come in many forms and appear in many different types of cases. This is just a general overview. If your attorney is suggesting a high-low agreement in your case, make sure you understand the reasons behind it and why it would or would not be a good idea in your circumstances. In any settlement situation, make sure your attorney is suggesting the agreement because it is in your best interest and not because it guarantees that they’ll get paid. A good attorney should be willing to take your case to trial if need be, and they should have the resources to do so.