Morton Grove Lawyer Blog

Corporations can't represent themselves

2009-12-08T10:45:00.000-08:00

Most small businesses owners form some sort of entity (c-corp, s-corp, llc, etc.) to protect themselves. Indeed, there are numerous very good reasons to do so.

However, one thing you might not realize is that if your corporation wants to sue someone pro se> (without a lawyer) to collect on an accounts receiveable, say, even in small claims court, you can't!

Why? The only non-attorney who can represent you is you. The corporation is, under the law, a seperate person, albeit one that can't exactly walk into court on its own.

What to do? Hire an attorney of course :) The Swanson Firm represents all sorts of small businesses throughout the Chicagoland area, helping them collect accounts receiveable, defending them against frivoulous lawsuits, and providing general business advice. If we can help your company, contact us today.

But I had insurance for that, didn't I?

2009-12-07T15:35:00.001-08:00

You are a small business person. You're a good small business person, so you got insurance. Now you're being sued. Maybe someone fell at your store, or claims you did something wrong. It's ok - you're covered, aren't you?

Maybe, maybe not. Insurance policies don't always cover what you think they should. Tender the claim to your carrier, of course, but be prepared for the dread denial or reservation of rights letter.

And what do if you get such a letter. Well, contact an attorney, of course. My firm can handles both declarative action (trying to force an insurance company to pay) and defend personal injury, and other claims under a reservation of rights.

A new Glenview location

2009-12-06T14:08:00.000-08:00

The Swanson Firm is pleased to announce that starting Monday, December 7, 2009, we will have an additional location to serve you better.

Our new space is located in the Devon Bank Building in Glenview, Illinois, convenient to Interstate 294 and the north and northwest suburbs.

We still maintain offices in Morton Grove and Naperville as well. More options mean more convenience for you for evening or weekend appointments, as well as getting downtown quality without the downtown hassle.

If we can help you, contact us today.

Did you know Condominium Associations can evict you if you don’t pay your assessments?

2009-12-05T13:54:00.000-08:00

Did you know Condominium Associations can evict you if you don’t pay your assessments?

I’m always surprised at the number of Condominium Associations who don’t realize the power they have. Illinois is one of the few states that allows Associations to proceed against delinquent owners much as a landlord would against a deadbeat tenant.

Not only can the Association get a judgment for past-due assessments and late fees, it can recover its court costs, its attorney fees, and take possession of the unit!

The Swanson Firm represents Association collecting unpaid assessments and owners fighting against problematic Boards. If we can help your Condominium Association, contact us today.

Flat Fees take the pain out of evictions for suburban landlords

2009-12-04T13:48:00.001-08:00

Landlords with tenants who aren’t paying their rent often don’t know what to do – I should rephrase that, they know what they need to do, eviction, they just don’t know how.

Some try to do it on their own, but, like most people acting pro se (as your own attorney), the hassle and annoyance of trying to navigate the court system (in addition to the time wasting at court to file the complaint and appear for the court dates) can cause more headaches then solutions.

It’s really false economy. My firm offers eviction on a flat-fee basis, that is, for one reasonable fee, we handle preparation of the required notice, drafting, filing, and serving the complaint, and up to two court appearances, as well as answering all your questions. Sure, in the rare event (outside the City of Chicago, at least) a tenant files a counter-claim, or jury demand, there are additional fees, but really, isn’t it worth it to know it’s in the hands of a professional? Contact us today.

Defend yourself BEFORE judgment, not after

2009-12-03T10:48:00.000-08:00

I’ve recently had numerous potential clients and other prospects in situations where they failed to address frivolous claims against them whilst they were pending, and as a result, a judgment (usually by default) got entered against them.

Waiting until AFTER you get a default judgment against you before taking action is a recipe for getting stuck. If you act quick enough (30 days), it’s usually possible to get the default vacated, but after that, it’s next to impossible.

What many people don’t seem to realize is that the time, indeed, the ONLY time, to present your defenses and arguments is before judgment. Once the judgment-creditor starts garnishing your wages, it’s too late.

If you’re a defendant in a civil lawsuit, you can’t afford not to get representation. The cost of an attorney is much less then the cost of having a judgment against you. My firm represents defendants in a wide variety of civil matters – contact us today.

Spike in Foreclosures in Chicago Suburbs

2009-11-04T14:25:00.000-08:00

If you've seen the news recently, you've seen some bad news regarding foreclosures - they're up, and not just in the City, but in the suburbs, specifically Lake, Kane, Will, and Kendall counties.

If you're facing foreclosure, you need help, and the Swanson Firm can give you that help. Defending a foreclosure action can have many results: buying time to work out a short sale, refinancing, or other resolution; forcing the lender to actually prove they have the right to foreclose (which is sometimes difficult for them to do), and perhaps saving your house.

Moreover, with our connection to national bankruptcy and consumer rights law firms, we can help determine if bankruptcy might be an option.

Call us today.

Burris not to be charged

2009-06-22T09:22:00.000-07:00

It's unfortunate that "Senator" Burris won't be charged with perjury.

Perjury, i.e., lying under oath, is and should be a serious offense. The job of a court is hard enough without witnesses lying to it.

The one positive is that the 2010 Illinois Senate election should have good candidates on both sides of the aisle to replace Burris.

Credit cards

2009-06-21T11:17:00.000-07:00

I'm pleased to report that my firm now accepts Visa and MasterCard for payment of both invoices and security retainers.

Taking credit cards is not only good customer service, it makes good business sense. I don't understand why more firms don't accept them. I set up my account through Law Charge, a company founded by an attorney who understands the needs of attorneys. I recommend Law Charge to other firms looking to accept cards.

Why don't Attorneys like communicating with potential clients?

2009-06-20T09:14:00.000-07:00

I'm amazed that so many Attorneys fail to respond to new potential clients. Many of my clients tried calling other attorneys before me (a forgivable sin :) Those attorneys never called them back, never e-mailed them, and generally just brushed them off. Who knows, perhaps those attorneys or firms are so successful they don't need any more clients, if so, I congratulate them, but if not, why the attitute?

I'm not perfect, of course, and I'm not always available 24-7, but I make it a habit to take calls when I can and get back to potential and existing clients as soon as possible, generally within 24 hours, if not sooner.

Not only is this good practice and good customer service (and as service providers, our clients are our customers), it's required under the Illinois rules of professional responsibility.

Past due Condo assessments

2009-06-19T08:54:00.001-07:00

Did you know that in Illinois, your Condo Board can kick you out of your home if you don't pay your assessments?

Indeed they can and do. Illinois is one of the few states that gives Boards this power, a power some boards might not even know they have and one that allows them to recover not only the past-due assessments, but the legal fees and costs of taking action.

The Swanson Firm represents both sides in Condominium litigation. On behalf of Boards, the Firm takes action to collect assessments and otherwise enforce rules and regulations, while on behalf of Individual owners, the firm defends against actions for possession and improper Board action.

If you or your board needs the help of a Condominium attorney, contact the Swanson Firm today.

Leaking buildings equals potential lawsuit

2009-06-18T13:30:00.000-07:00

I heard a great piece this morning on Chicago Public radio regarding homeowner problems with split-face concrete block, a favorite of many Chicago contractors.

I've handled cases involving split-face concrete block and I know from my client's experience the nightmare a leaky, mold-infested home can be. Unfortunately, many of the contractors responsible are judgment-proof, thus making holding the culprit responsible difficult, if not impossible.

If you're facing a problem with your home, contact the Swanson Firm. We may be able to help.

Don't get a default judgment

2009-06-17T14:49:00.000-07:00

I've seen too many litigants get default judgments against them. What is a default judgment, you may ask? Essentially, it's letting the other side win without even having to prove their case.

The most common reason litigants receive default judgments against them is by ignoring a lawsuit. IGNORING A LAWSUIT DOES NOT MAKE IT GO AWAY!

If you've been sued, you owe it to yourself to at least consult with an attorney to determine what rights and liabilities you face. The Swanson Firm defends people sued in Illinois in breach of contract cases, real estate and condominium litigation, and debt collection case, among others. Don't just give up, talk to a lawyer who'll fight for you.

2009-06-11T06:32:00.000-07:00

As a Morton Grove businessperson, I'm glad to see the town board investigate actions that make Morton Grove a more desirable business location. The danger of many suburbs is the risk of becoming solely a bedroom community, full of residences, but with little business development and oppportunities. Why limit yourself?

2009-06-06T07:20:00.000-07:00

Our landings have failed and I have withdrawn the troops. My decision to attack at this time and place was based on the best information available. The troops, the air and the Navy did all that bravery could do. If any blame or fault attaches to the attempt it is mine alone.

- General Dwight D. Eisenhower

Thankfully, those words were not uttered 65 years ago today. Take this day to remember the sacrifices made by the Greatest Generation and all the men and women in uniform past, present, and future.

The dangers of being pro se

2009-06-05T07:21:00.000-07:00

If you read my blog posts or my Avvo answers, you know that I don't hesitate to tell potential clients and others in need of legal service that some cases can and should be handled pro se, i.e. without an attorney.

But there is a flip-side, and it can be dramatic. Valid cases can be easily ruined by a pro se litigant; money, property, even freedom can all be lost. Ironically, educated litigants, sometimes even with some legal knowledge, can do the most damage to their cases, the classic case of knowing enough to be dangerous, I suppose.

While attorneys can fix some pro se mistakes before they do the most damage, many others are virtually irreversible.

What's the moral: always consult with an attorney before you file a case pro se. The Swanson Firm offers free initial consultations. I don't hesitate to tell a potential client not to use me if the money and issues involved don't justify an attorney; but when they do, clients can move forward knowing their rights will be protected.

Morton Grove hand-gun ban

2009-06-03T13:56:00.000-07:00

The town of Morton Grove became famous as the first community in America to ban handguns, back in 1981. However, in the aftermath of the Supreme Court's ruling in District of Columbia v. Heller, the ban was dropped.

Now, the Seventh Circuit has ruled Chicago and Oak Park's ban on hand-guns is constitutional. It will be interesting to see if the newly-elected Action Party seeks to reinstate the ban, or if they wait to see if the Supreme Court will take the case.

Portfolio Acquisitions v. Feltman

2009-06-02T09:45:00.000-07:00

An interesting case recently came down from the Illinois Appellate Court, Portfolio Acquisitions, LLC. v. Feltman. Essentially, the Court held that credit card companies and debt collection companies have only five years, not ten, as previously held, from the date of last use of the card, in which to file suit.

It will be interesting to see if the Illinois Supreme Court takes up the case. Many defense attorneys are planning to use this case to help their clients, I'm sure.

The Swanson Firm defends defendants in civil lawsuits, including those sued by credit card companies and debt collectors. If you have been sued, contact us today.

2009-06-01T09:59:00.001-07:00

I was glad to have attended the "Get a Life" conference, put on by Total Attorneys last week. As with any good conference, I learned some important tips and procedures, and received confirmation of practices I already implement in my firm.

I look forward to next year's conference, as well as putting some of the tips into practice!

Senate Bill 84

2009-05-18T14:27:00.000-07:00

Senate Bill 84 is likely to become law shortly. This is a very important bill for those injured on or as a result of action from the CTA (Chicago transit Authority).

Currently, to bring a claim against the CTA, you must comply with their notice provisions, which require a very detailed notice in a very short period of time. If you fail to provide this notice (or provide it wrong), your case is forever barred.

Surprisingly, many attorneys don't even know the extent and application of the CTA notice provisions. It's a dangerous trap for the unwary.

Senate Bill 84 will remove the notice requirements, however. The CTA doesn't like it, but everyone else should.

House Bill 3690

2009-05-14T09:33:00.000-07:00

House Bill 3690, currently in the Illinois Senate, potentially adds a new wrinkle to demands for possession for landlords in Cook County.

Essentially, the bill proposes that the name, birth date, and "disability" of each occupant be listed on the notice. For landlords for keep good records (as all should!) this shouldn't be that big of a problem, but for landlords who don't, and for the landlords who try to handle evictions on their own, it may represent another technical hurdle to overcome, potentially leading to more costs and most lost revenue as the apartment sits without rent-paying tenants.

The Swanson Firm represents both landlords and tenants in eviction matters throughout Chicago and Cook County. Although an area where many people think they can represent themselves, they often do so at great disservice to their interests, given numerous laws exist to create causes of action for minor slip-ups that can lead to big awards. We can evaluate your specific situation to determine the best causes of action and plan to maximize your recovery and protect your interests. Contact the Swanson firm today.

2009-05-13T09:29:00.000-07:00

I suppose not updating your blog is good when it means you've been busy, this said, it's a paltry excuse.

I've been in Court alot the last few days, both downtown and in the suburban courts. With offices in the suburbs, one does have to practice active management of your docket, so that I can combine a client meeting, CLE or bar meeting, and numerous court appearances in one shot. It's not always possible, but I've been fairly lucky so far.

2009-05-04T11:51:00.001-07:00

I am enjoying spending some time in my DuPage office today, moving in some supplies and meeting with potential clients. DuPage county has a vibrant legal community that I'm pleased to be part of, but driving out to Wheaton only to drive back once a task is complete is a bit of a waste; more-so with Kane County. The Kane County Courthouse is a loverly building, but it's a hike without other business to keep you in the western suburbs.

I'm sure clients and potential clients enjoy being able to meet locally as well. Using modern technology, my main office line rings me in either Morton Grove or Naperville, and I am happy to set appointments at either location.

my second office

2009-04-28T20:44:00.001-07:00

As foreshadowed a few days ago, I am pleased to announce the opening of my second office. This office, located in Naperville, allows me to better serve the western suburbs, including clients and potential clients in DuPage and Kane counties, as well as providing a convinient location for meetings and depositions in the western suburbs.

My DuPage county office address is:

The Swanson Firm, Ltd.
1755 Park Street
Suite 200
Naperville, IL 60563

My main office remains in Morton Grove and office hours for both locations remain by appointment only.

commoditization

2009-04-27T16:03:00.000-07:00

A recent article in Chicago Lawyer discussed what has become an on-going concern about “commoditization”, that is, that many routine legal services have become, because of both the democratization of information and cost concerns, “fill-in-the-blank” law.

Most attorneys, especially at larger firms, fear commoditization; however, I see opportunity. Certain types of cases lend themselves to formal systems – by incorporating those systems into my legal product, I am able to deliver services quicker and cheaper than many of my contemporaries.

Legal services in toto may not be commoditizable, but to the extent systematizing my practices allow me to better serve you, it’s a good thing.

and now for something completely different

2009-04-24T17:44:00.000-07:00

My mother's old house is for sale - if anyone is looking for a home in the Mid-Hudson Valley of New York State (New Paltz-Poughkeepsie area), it's a steal!

Check out the listing: http://tiny.cc/lv0wF

A Second office

2009-04-23T19:54:00.000-07:00

I'm pleased to announce that the Swanson Firm will be opening a second location shortly. Details to come, but the new location will bring greater convenience to clients in DuPage, Kane, and Will counties.

The Firm shall continue to maintain its main offices in Morton Grove.

Going Green, everyday and Earth day.

2009-04-22T15:29:00.000-07:00

A recent article in the CBA Record’s Earth Day special issue (K. Smith. Joe the Lawyer Goes Green. 23-APR CBA Rec. 46) details some of the ways attorneys can reduce their environmental impact by adopting “green” procedures.

I was pleased to see that my office already incorporates some of Ms. Smith’s points, particularly her first suggestion, being paperless. Not only does the paperless office lead to greater efficiency, organization, and saves money (for both client and attorney), but it helps save the Earth too!

My office further incorporates recycling and vigorously combats inefficiencies. It’s nice to be able to incorporate green practices into my business; not just on this Earth Day, but everyday.

2009-04-21T10:53:00.000-07:00

Ed Poll, one of the foremost law practice management experts out there, had an interesting tip delivered today that reaffirmed and supports my reasons for starting the Swanson Firm.

My goal is to provide exceptional litigation services to my clients, without charging an arm and a leg. More and more businesses, even large corporations, are recognizing that solo and small firm attorneys can do everything they need - important lessons that small businesses have already know.

A good seminar

2009-04-20T10:05:00.000-07:00

I enjoy seminars that provide valuable information and interesting speakers, and the aforementioned seminar fit the bill.

With mandatory CLE in Illinois, there have become many seminars that provide CLE, but are a bore to sit through, or (even worse) are both boring and pointless. At least with this one, ATG did a good job.

Real Estate closings

2009-04-18T11:55:00.000-07:00

I’m spending today in a seminar on Real Estate closings. My reasons for attending this seminar are two-fold; first, although I don’t usually handle real estate closings (I’ve worked on a few in my career), I do handle the lawsuits that arise out of them – as a Fox special would say, “When Good closings go bad.”

It makes me better at litigating real estate claims to know best practices – that is, my ability to be able to spot something wrong in the myriad of closing documents is a big help, making me more efficient at serving you.

The second reason is to meet attorneys who do handle real estate closings – it’s not uncommon for attorneys to specialize in transactions (such as closing) and not handle much litigation. Attorney to attorney referrals can be important to you, the client, because it allows you to obtain the services of a specialist without having to find another attorney yourself. It is not uncommon for non-litigators to refer their litigation matters to me, while I would refer a closing, or estate planning needs to them. In the end, everyone wins – the attorneys do that they do best (which generally means doing it better and cheaper) while you get the specialized service you deserve.

A brief overview of the Cook County court system

2009-04-17T08:04:00.000-07:00

The hub of northeastern Illinois, population-wise, is Cook County, home to Chicago and my office. The Cook County Circuit Court is the largest unified court system in the country, which has the practical effect of making the court very busy.

The cases I handle are in four of the court’s divisions: municipal, law, chancery, and probate.

Municipal is the lowest division, handling cases valued at up to $30,000. This is where small claims cases (up to $10,000) are filed. Municipal cases are common in what are known as the collar courts – the main Cook County courthouse is in downtown Chicago, in the Daley Center, but there are five other civil courthouses in Cook county, which handle many of the smaller cases in the outer portions of the county. I’ve been to all of them, but most of what I handle outside of the Daley Center is in the 2nd (Skokie) and 3rd (Rolling Meadows) Districts.

Law is for cases valued over $30,000. It’s where most personal injury and larger commercial claims are brought.

Chancery is for cases where you are looking for a non-money remedy, such as rescission or specific performance of a contract or a temporary restraining order. It’s also the division that handles foreclosure and mechanic’s liens cases.

As the name would suggest, Probate handles probate cases. Any case challenging a will or asserting a claim against an estate would be here, as would guardianship cases.

The different divisions often have different standards; what might be common in one would be unusual, or even wrong, in another. Knowing each division allows an attorney to design a litigation strategy that best serves your goals.

A good defense is the best offense

2009-04-16T11:46:00.000-07:00

Since I handle contract litigation throughout Cook, Lake, and DuPage counties, I’ve seen lots of business disputes. It’s striking how many times the root of the dispute is a bad contract.

Now, I don’t generally involve myself in contract drafting and negotiation, it’s not something I particularly enjoy, so I usually refer such transactional work to my learned colleagues who specialize in drafting contracts. I also know that it’s not practical or cost-effective to have an attorney look over every single contract you make.

The problems arise, however, when things are left unsaid – the classic “handshake.” I’ve handled too many such contracts where the parties weren’t really on the same page, leading to confusion, performance failure, and ultimately, litigation. This is not what you want.

So what to do? Well, first, get things in writing. Yes, a formal contract drafted and reviewed by an attorney is best, but even a handwritten letter outlining what each party is going to perform, signed by everyone involved, is better than nebulous verbal agreement that can be a nightmare to prove – a verbal contract may (there are exceptions) be a valid contract, but if you have to spend thousands of dollars in Court to prove it, is it really worth it?

And for god sakes, if you’re doing a big deal, get an attorney. I’ve seen million dollar deals based on nothing but a hand-shake. When it goes to litigation (and they always seem to end up in litigation), were the few hundred of savings in attorney costs to review and/or draft the contract really worth it when you’re now looking at tens of thousands of dollars in legal fees?

The Taxman cometh

2009-04-15T06:44:00.000-07:00

Today is tax day. No one really likes tax day, although on the plus side, paying taxes does mean you’re making money. We do like to make money, since it tends to help with little things like keeping a roof over our heads and food on the table.

Did you know that legal fees may be deductable? I’m not and do not claim to be a tax expert, but that’s something to talk over with your CPA and consider when you are looking to pursue litigation on behalf of your small business. It may cost you less than you think.

What to do when you've been in a car accident

2009-04-14T06:56:00.000-07:00

With a background in personal injury work, I have the ability to evaluate your potential case to determine the viability and cost-effectiveness. The following essay is adopted from my Avvo guide on what to do when you’ve been in a car accident:

Take Pictures: You should always have a camera (a disposable one is fine) in your glove compartment. If it is safe to do so and you can do so without pain, you or your passenger should take pictures of the positioning of the cars, any traffic signals, the damage, the road conditions, and the scene of the accident – as many as you can. This is the one and only chance to record the exact scene at the time of the accident. Obviously, depending on your injuries, this may not be possible. In this case, the best course of action would be to have a friend, relative, or your attorney visit the scene as soon as possible after the accident – skid marks or other damage may still be visible, and the layout of the road would not have changed.

Gather and Observe Information: Get the name, address, telephone number, and insurance information for the other driver(s). Get the names, addresses, and telephone numbers of any witnesses or passengers. Once the police are on the scene, get the officer’s name and/or badge number and the report number. Also, listen. Listen to what the other driver says (do they admit fault?) Do they argue with their passengers? Is their radio on? Were they talking on a phone? Smoking? You may see or hear something that could help your case later on. While the police officer is suppose to do this, she may or may not.

Go to the Doctor: If you are in any pain what-so-ever, you should go to the Hospital from the scene. Never, ever, exaggerate your injuries, but do not minimize them either. If you do not go to the Hospital from the scene (either via ambulance or driving yourself), you should go as soon as you experience pain.

Don't Talk to Anyone: Do not, however, talk to anyone from the other driver’s insurance company until you obtain an attorney. Save everything they send you and make note of the times they call, but do not give a statement to them until you have your attorney.

Keep a Journal: It is very helpful for your case to keep a journal. Write down anything you saw at the scene, when you went to the doctors and which doctors you saw. Memories fade, but if you write it down, it’ll help your attorneys down the road. Under Illinois law, if your case goes to Court, this journal will be seen by the attorneys for the other driver, so keep it brief and factual – names and dates, who said what to whom. Don’t make things up, don’t exaggerate, and don’t try to make up “facts” that you think might help your case, as it will just hurt you down the road.

Get an Attorney: Lastly, get an attorney. You should never try to handle a personal injury case on your own. Insurance companies will rarely, if ever, pay full value for a case unless there is an attorney willing to go to Court on the file. Injury cases are almost always done on a contingency fee basis, which means you don’t have to pay any attorney fees up front (they come out of your recovery). Some attorneys may require payment for costs up front. It is best to obtain an attorney as soon after your accident as possible, but don’t expect an immediate settlement. Your attorney can’t settle your case until you’ve finished medical treatment and are back to work. Once you’ve finished medical treatment, your attorney needs to get all your medical records and bills and submit a demand to the insurance company. This can take a few months, sometimes more. If the case can’t settle, your attorney will have to file a lawsuit.

The Paperless office

2009-04-13T07:55:00.001-07:00

My office is “paperless.” This doesn’t mean that I have no paper in my office, since court filings and some correspondence still needs to be printed and mailed, but it does mean that I minimize my use of paper, especially in client files.

This has been a small, but growing trend in law office management for some time, with dedicated evangelists, such as Louisiana solo Ernest Svenson, who offers excellent tips and suggestions on his informative website.

My conversation came as a result of seeing the disorder and disarray paper and paper-filing systems bring to the small law office. Files are misplaced, pleadings are lost and documents are misfiled routinely – most lawyers are able to put on a good front to the public, so you, the client, may never know how disorganized things are, but the time wasted looking for misplaced and misfiled documents is terrible, both for morale and for efficiency.

Every legal document that comes into my office is scanned, indexed, and archived. When you call with a question, I don’t have to fumble around looking for your file, looking for the last document, and hoping that everything’s made it into the file. A few clicks and I can see your whole file. It also allows me the freedom to avoid being tethered to an office. Whether I’m in my office or away, I have your file with me. There’s no worry that something’s been forgotten or routed incorrectly.

When it comes down to it, the paperless office makes my life easier, which allows me to serve you and your case better, faster, and cheaper. And that’s a good thing.

The advantages of not being in the loop

2009-04-12T03:00:00.000-07:00

Why Morton Grove, some might wonder? Admittedly, Morton Grove may not be the hub of the Chicagoland legal community, but there are advantages to being outside of the Loop.

One of the biggest, for my clients, is the ability to avoid going downtown. Those of us in Chicagoland know downtown parking is terribly expensive and traffic is horrendous, which makes traveling downtown for a meeting or deposition a potential nightmare for those living in the north and northwest suburbs.

Morton Grove is also easy to access from Chicagoland Expressways; a bit more than a half-hour to the Daley Center and Northern District Courthouse, as well as the Lake County Courthouse.

Modern technology and the rise of electronic filing allows lawyers more mobility than in years past. I strive to bring this mobility to the service and convenience of my clients and welcome potential clients in the northern and northwest suburbs (and indeed, all over Chicagoland) to contact me regarding their legal issues.

“Do it yourself” lawyering

2009-04-11T03:05:00.000-07:00

It’s a common phenomenon for individuals and small businesses to handle their own transactions, either by themselves, or with the help of document production services, such as Legalzoom. In general, I don’t think that’s a good idea, but since I don’t do the work myself, I’ll leave it to my colleagues who do to show the value they bring. Fellow attorney and blogger Lisa Nguyen did just that recently.

Of more immediate interest to my practice is individuals acting as there own attorneys (pro se is the legal term). The New York Times just did an article on it, and it is certainly noticeable in the Courtrooms.

Now, I’m not one of those attorneys who reflexively condemns people for not using an attorney. It’s never ideal, of course, but many small claims matters don’t justify the cost of an attorney (honestly, many don’t justify the cost of the filing fee and pro se time either) and some people are intelligent and dedicated enough to learn the law. However, failing to use an attorney in your lawsuit, if anything significant is at stake, is usually a big mistake.

If you represent yourself, you’re held to the same standards as an attorney, which means you have to know all the rules of procedure and evidence at work in your case. I’ve absolutely seen some pro se litigants who have done their homework and know what they’re doing, but this is the exception and not the rule. Most haven’t spent the time to learn the rules and often misunderstand what they did read (or were told).

When I face pro se litigants in court, I don’t go easy on them; I treat them the same way I would treat an attorney. Since their complaints are often poorly drafted, motions on the pleadings are common; since they don’t know the rules, tripping them up on the technicalities of a Rule 216 request is easy. I’ve never had to go to trial against a pro se, because it doesn’t get that far. I’ve beaten pro se’s who seemed to have the facts on their side because I know the rules and they don’t.

I’m not mean, but it’s my job to protect my client’s interests (I do the same things when there’s a lazy or mediocre lawyer on the other side). Hiring an attorney may not be as expensive as you think. Before you decide to represent yourself, consult with an attorney – find out what it would cost and what it would entail. It’s one of the reasons I offer free consultations. I’m honest with potential clients if their case doesn’t justify an attorney, but it’s not uncommon that there might be additional claims available that turn what they thought was a simple case into a bigger one or defenses that may allow an early dismissal. You owe yourself the best you can get. Don’t dismiss it without trying it.

What to do when you're sued in Illinois

2009-04-10T00:49:00.000-07:00

The following is adopted from my legal guide published at Avvo, a website that helps both educate the public on aspects of the law and review attorney profiles to determine who is the right attorney for them. I am rated "Superb" by Avvo and am one of the top-rated attorneys in my location. Here in the northern suburbs of Chicago, you don't have to go downtown to find good attorneys at reasonable prices...

There’s a knock on the door. It’s the sheriff. You’ve just been served. Now what? The following guide aims to give you a general procedural outline of defending a lawsuit in Illinois. It is educational, so that you have a general event of both what you may expect and where in the process you are. Of course, it does not include every possible event and is not a substitute for case-specific legal advice. If you have been sued, it is in your interest to seek legal counsel as soon as possible. Failure to do so may have serious adverse effects, including a judgment taken against you.

Service is the fancy term for being handed the summons and Complaint by the sheriff. Right after service is the time to find and obtain counsel, or tender the summons and complaint to your insurance company, if you’ll be covered. What-ever you do, don’t wait and don’t ignore it, even if the Complaint seems frivolous. This last part is key. You can't ignore it, period, exclamation point. If so do, a judgment will be entered against you. If you fail to vacate that judgment within 30 days, it'll become very difficult if not impossible to get rid of it. The Plaintiff can freeze your bank accounts, garnish your wages, even try to seize property. It won't matter then that the Plaintiff might have been wrong - you won't get another chance.

Answer: the next step, in most cases, is to file your Appearance and Answer. It’s usually due 30 days after you’ve been served (but not always… again, check the papers you’ve been served for the actual date in your case), and requires a court fee. This is also your only chance to ask for a jury trial, if allowed (and if the Plaintiff didn’t). Small claims cases (seeking under $10,000 in Illinois) don’t require an answer. The Answer is a straight-forward, but important, document, admitting or denying each paragraph of the Plaintiff’s complaint one-by-one, and bringing any counter-claims you have against the Plaintiff.

Sometimes, instead of filing an answer, you file a “Motion on the Pleadings.” In essence, these Motions ask the Court to dismiss the Plaintiff’s Complaint because it’s not properly written, NOT on the merits. That is, for the purpose of these Motions, the actual facts don’t matter as much as the Plaintiff’s ability to write a legally sufficient Complaint. Usually, even if you win your Motion, the Judge will allow the Plaintiff a chance to amend (i.e., fix) his Complaint. There are some times, if a Complaint is exceptionally poorly written, where a Motion is absolutely necessary. There may be others where there is an absolute defense that may immediately lead to the Complaint being dismissed (note that there are very few of these, but there are some); but often times, these Motions won’t really do anything beyond delay case progress and run up costs. Whether it’s a proper plan in your case is a decision you and your attorney should reach together. There may be strategic reasons for bringing a Motion. While no attorney should bring a frivolous motion, there's nothing wrong with being a nit-picker, if called for.

Eventually, the Complaint will be answered, and it will be time for discovery. Discovery is the longest, most tedious, and often most expensive part of litigation, when each party seeks information from the other through a variety of means to build their case. It is not uncommon for discovery to take years, especially as some attorneys seem to take perverse pleasure in seeking every document, every person, and to leave no stone unturned. Sometimes this is absolutely necessary, sometimes not. Again, a good attorney will work with you and your litigation budget to attempt, as much as possible, to do what is necessary without wasting time and money doing the unnecessary. Even so, however, there may be little you or your attorney can do about an opponent who is trying to bury you.

After a certain point in discovery (it varies with each case), there will come a point where a defendant has to consider summary judgment. Essentially, summary judgment asks the Court to dismiss the case because all the Plaintiff’s evidence doesn’t (and can’t) prove what he needs to prove under the law. In Illinois, Summary Judgment does not come easily; the Plaintiff merely has to show that legally important facts remain in dispute to survive, not that he’s necessarily right about the facts. This is another area where some attorneys file Motions regardless of the chances of success, but again, a good attorney works with you and your budget to analyze the chances of success. It’s rare that a Motion for Summary Judgment will be a “slam-dunk,” which is why it’s good to have an attorney who both keeps you informed and is honest with you, not just telling you what you want to hear, to allow you to determine if the time and money spent on a Motion for Summary Judgment is a good investment.

If the Plaintiff’s case can survive Summary Judgment, it must be tried. Most cases don’t go to trial; they settle at one of the stages above, or with the help of a mediator or arbitrator. Settlement often is the best solution, however, a good attorney will prepare each and every case in his office with the assumption it will go to trial, as to do otherwise may force a client to accept a sub-par settlement out of fear and a lack of preparation, which is never a good thing. This is especially common in personal injury claims, where many attorneys will just skim along. As a defendant, it may work to your advantage.

Welcome

2009-04-09T09:38:00.000-07:00

Thanks for taking the time to come to by new blog. I'm a firm believer that lawyers need to do more to take sure the client experience is a positive one and hope this blog will serve both lawyers, potential clients, and current clients, in working out best practices and learning both about the law and procedure.

As I get this blog up and running, I invite you to follow the links to the right and learn more about me, through my web page and through social media. My concentration is litigation, i.e., I want to be the person you call when you need to sue somebody or just got sued yourself. While I can handle all sorts of lawsuits throughout Illinois, I focus my practice on commercial, real estate, and probate litigation in Cook, Lake, and DuPage counties. I also handle federal claims. I'm admitted in all the Illinois federal courts, all the Wisconsin federal courts, and the Northern district of Indiana. So while nothing technically stops me from having cases in Edwardsville, Cairo, Galesburg, Galena, Madison, and all points in-between, it sure would be alot of driving.

Again, thank you for coming by and your comments are always welcome.