Legal Blog of Thaddeus M. Bond & Associates

Developing a strong attorney client relationship

2012-02-03T13:13:00.000-08:00

Legal matters can be very stressful and can have a big impact on your life. Thus it is very important that you develop a strong relationship with your attorney. This relationship is a two way street and requires both you and your lawyer to be committed to it for it to be successful. In general, the job of our attorneys is to look out for your best interests, explain all your options to you, take reasonable directions from you on your case, be fair with our fees and communicate with you regularly regarding our progress on your behalf. This includes letting you know if things are going well or poorly and how to adjust your strategy. We also have certain expectations of our clients: respond to our communications promptly, be clear as to what direction you want us to take, recognize that you hired us because of our knowledge and experience and trust our advice and, of course, pay your bill on time. Our firm has established strong relationships with many clients over the years based upon the above principles. If the attorney-client relationship is not working for any reason, we have no problem suggesting you find another law firm that might be a better match for you. We offer free initial consultations, sometimes in person but often by phone or e-mail, to see if we are a match with a prospective client. Feel free to contact us to see if we might be able to assist you with your legal matter.

Pitfalls associated with buying a property governed by a homeowners or condominium association

2012-01-24T12:52:00.000-08:00

Many pieces of real estate, especially those developed in the last 20 years, are governed by a homeowners or condominium association. These associations have control over modifications made to your property and are also responsible for maintaining common areas and handling expenses shared by all owners in the development. In this environment, many associations are struggling financially due to the failure of property owners to pay their dues, the bankruptcy of a developer who still owns some of the property and the like. Before agreeing to purchase a property which is governed by an association, you should insist upon full disclosure of its condition. Get the budget and review it to see if the association is solvent and if it has built up adequate reserve funds. Find out if the association is involved in litigation with any contractors or unit owners. Review minutes from the association's meetings for at least the last year to see if any special assessments are being contemplated or if the board members have concerns about any serious problems. Our firm can held you obtain and review association documentation to make sure you do not make a purchase that you regret. Feel free to contact us to see how we can assist you.

Legal issues associated with buying short sale properties

2012-01-11T14:35:00.000-08:00

The current real estate market is flooded with short sale properties, i.e. the seller owes more to his lender(s) than the house is worth. Many people are seeking to take advantage of low prices and low interest rates to buy homes now, either for personal use or to rent to others. You should be aware that there are certain dangers in buying a short sale property which do not exist when buying real estate from a seller with equity. It can often take a very long time to get the seller's lender to approve a proposed short sale so it is best to be flexible on your closing date and not be in a hurry to buy. It is important to have a contractual provision which allows you to cancel the deal and get your earnest money deposit back if the short sale is not approved within a set time frame. Lenders often disapprove a proposed short sale or request an increase in the price that a buyer is not willing to make so be prepared to walk away and move on to another property if necessary. Our attorneys have handled many short sale transactions, both successful and unsuccessful. If you are considering buying a short sale property, feel free to contact us.

Merry Christmas!

2011-12-23T08:28:00.000-08:00

Merry Christmas and Happy New Year to all of our friends, clients and colleagues! Our firm had a banner year in 2011. Here's to more of the same in 2012!

Have you been injured on the job?

2011-12-01T15:40:00.000-08:00

Every single employee is covered by the Workers’ Compensation Act. If you have been injured at your place of employment or while working for your employer, you are entitled to benefits including medical bills, lost wages and permanent disability. The benefits must be paid promptly and you will not have to wait as long to receive compensation as you would if you filed a personal injury lawsuit through the courts. In fact, the law prohibits you from suing your employer for injuries which arise out of and in the course of your employment. Instead, you must file a claim with the Illinois Worker's Compensation Commission, an administrative agency whose sole purpose is to handle claims arising from employment related injuries. If you have been injured on the job and need to file a Workers’ Compensation claim, please do not hesitate to contact us.

Child support under Illinois law

2011-11-16T11:51:00.000-08:00

In Illinois, child support is the legal right of a child. Neither a parent nor his or her lawyer may waive child support. In fact, supporting a minor/dependent child is an obligation of both parents. Generally speaking, the parent with residential care of a child is supporting the child by providing shelter, food, clothing, schooling, medical and related needs for the child. The parent with whom the child visits pays a percentage of his or her income to the residential parent toward the support of the child. In Illinois, the legislature has set forth a minimum statutory guideline for payment of child support based upon the number of children a couple is supporting. The guidelines are as follows:
1 Child..................................20% of net income
2 Children.............................28% of net income
3 Children.............................32% of net income
4 Children.............................40% of net income
5 Children.............................45% of net income
6 Children.............................50% of net income

A court may deviate above or below these guidelines based on numerous factors. A lawyer is in the best position to make the case either for or against deviation from statutory guidelines.
If you find yourself facing the complications of a divorce in Lake County, or Waukegan Illinois, contact our experienced child support lawyers for a free consultation on how we can help you be informed about and protect your rights and your livelihood during this difficult process.

Using an attorney to negotiate on your behalf

2011-11-04T13:29:00.000-07:00

Many people try to negotiate the resolution of a problem on their own and without professional assistance. Conflicts inevitably arise with insurance companies, business partners, spouses, neighbors and others which can have a great impact on your life and financial situation. The attorneys at our firm negotiate for a living. We are able to analyze best case and worst case scenarios and explain them to you. Our attorneys can take the emotion out of the process that is often the greatest inhibitor to a successful resolution of a conflict. We know how to deal with different personalities, how to read the strengths and weaknesses of each side and how best to achieve a settlement quickly and with as little expense as possible. All too often we are called on to try and clean up the mess that was created when someone tried to negotiate on their own and wound up with consequences they never intended. We can help you avoid unintended consequences. Whatever legal issue you are having, contact us to assist you.

Legal Aspects of Buying a Business

2011-10-17T14:21:00.000-07:00

Buying a business can be complex, whether you are buying all the assets or merely a portion. If you are purchasing an entity, you have to decide whether you will merge it with other businesses you may own or whether they will continue to exist as separate entities. These transactions can often come with strings, including attempts by the previous owners or third parties to stop the purchase or sale. This can be true even for the smallest family-owned business. The transactions can also suffer serious tax penalties if not properly conducted.
To make sure you avoid these pitfalls, consult a lawyer as soon as you begin considering the purchase or sale of your business. Our firm is experienced with business transactional law. We have seen what makes a deal successful, and what can make it fail. We can help you structure the deal to maximize your benefit. Once the deal is structured, we can help you navigate the complexities of the entire transaction, including:
Writing Non-Disclosure Agreement and Non-Compete Agreements
Writing a Letter of Intent that does not unintentionally commit you to an unfavorable course of action or allow the other party to take advantage of unspecified details.
Writing the definitive agreement structuring the transaction.
Securing the help of local experts on all aspects of the process, including accountants, lenders, and tax advisors.
If you are considering the purchase or sale of a business, contact us to schedule a free consultation.

A new estate planning device for real estate in Illinois

2011-10-03T14:47:00.000-07:00

Beginning January 1, 2012, transfer on death instruments will be legal in Illinois. This document can be recorded on the public land records and will transfer ownership of your residence to your designated beneficiary(s) upon your death so long as the person(s) named record a timely document accepting the ownership. The transfer on death document can help some people avoid the need to have a will or to probate their estate when their only asset with substantial value is their home.
Transfer on death instruments can be revoked at any time during the property owner's life. They have the added benefit of protecting the home from the claims of creditors of the beneficiary during the owner's lifetime. Disadvantages include a lack of flexibility such as who would receive the property if the beneficiary predeceases the owner and an inability to avoid estate taxes.
The requirements for a transfer on death instrument are very technical and should only be done with the assistance of a competent attorney. Contact us to find out if a transfer on death instrument is right for you and to see if you can use one to save you and your heirs time and money.

What to do if you are involved in a motor vehicle accident

2011-09-21T12:21:00.000-07:00

First, get medical attention to those who may need it. Next, call the authorities. You should get as much information as possible from the other driver and occupants, including:
Contact information
Driver license information
Vehicle information
Insurance information
You should also get the names of any witnesses. If you have a camera or camera on your cell phone, take pictures of the car accident from several different angles. Get the names and badge numbers of the law enforcement officers when they arrive and ask them for a statement about what they observed. Take notes about the time of the accident, the weather conditions, landmarks and more.
You should contact the experienced auto accident attorneys at the Law Offices of Thaddeus M. Bond, Jr. & Associates, P.C. Why?An experienced auto accident attorney can tell you about different rules and procedures that may be associated with filing an insurance claim. This can be tremendously difficult if you are attempting to do this alone. An attorney will speak to the insurance company on your behalf, which saves you time and trouble.
If you or a loved one has been involved in an auto accident in the Chicago, Lake County, Waukegan, Illinois or Wisconsin area, please contact the experienced car accident attorneys at the Law Offices of Thaddeus M. Bond, Jr. & Associates, P.C. for a free initial case consultation.

Delinquent property tax sales and litigation

2011-08-30T08:51:00.000-07:00

Our firm is one of the very few in the greater Chicago area which handles litigation involving the sale and foreclosure of delinquent real estate tax certificates. Most real estate in Illinois is subject to property tax payable in two installments per year. If one or both installments go unpaid, those taxes are offered for sale at an annual auction conducted by the county. Professional investors compete to purchase the tax sale certificates with the winning bid going to the party that offers the lowest interest penalty rate.
The amount of time allowed to pay the delinquent taxes varies with the type of property involved. Also, the tax buyer has some discretion as to how much time to allow the sold taxes to be paid back. The amount owed continues to increase over time due to interest penalties, statutory costs and the possible payment by the tax buyer of subsequent years taxes.
Our firm represents many different tax buyers in court cases involving the foreclosure of delinquent tax sale certificates. Property Tax Code requirements are very complicated and strict. An inexperienced tax buyer or attorney should not attempt to handle such cases on their own. They should instead seek the assistance of someone with many years of practice handling such matters.
Our firm also represents property owners and other parties with an interest in real estate that is the subject of a petition for tax deed. In many cases, we can prevent the loss of ownership due to the tax buyer’s failure to meet all legal requirements. In some instances, we can obtain compensation for those who lose title to their property to the tax sale process.
Real estate tax sales and foreclosures are complex proceedings. Contact us if you need assistance with these types of cases.

Do you need a prenuptial agreement?

2011-08-06T10:41:00.000-07:00

With roughly half the marriages in this country ending in divorce, and with the enactment of civil unions in Illinois, we are frequently asked if a prenuptial agreement is necessary. If you are young and have acquired few, if any, assets, the answer is no. Save your time and money. However, if you and/or your prospective spouse/partner has some wealth, a prenuptial agreement may be advisable. In Illinois, prenuptial agreements generally deal only with disclosing the full extent of each party's assets and confirming that each will get back his/her own property upon a divorce. Assets acquired after a marriage or civil union are generally considered joint property with each spouse/partner having a claim. Agreements regarding the amount of spousal support or alimony that will be paid may or may not be enforceable. A good estate plan can also help insulate pre-marital assets from being claimed by your future spouse/partner. If you are considering marriage or a civil union and want to take steps to protect your assets, do not hesitate to contact us.

Debunking myths about estate planning

2011-07-20T12:41:00.000-07:00

Myth No. 1: Do-it-yourself or online wills are sufficient.Computer-generated forms and fill-in-the-blank templates, while inexpensive and tempting to use, can't provide the expert legal advice you need to properly plan your estate. Enlist the services of a qualified estate planning attorney, whose knowledge and experience will ultimately save your estate money and eliminate problems.
Myth No. 2: If you are young or in good health, it's not necessary to create an estate plan. Estate plans aren't just for people who are dying. They're for people like you who want to make sure that their children go to the right guardian and that the items they leave behind are distributed to loved ones and favorite causes as they envision. Emergencies happen. You should have your will and other important documents in order.
Myth No. 3: Your will or living trust covers everything, so as long as it is created and kept up to date, your estate plan is complete.Not necessarily. Jointly owned assets with rights of survivorship pass to the surviving owner regardless of what your will or trust says. Plus, your retirement assets or life insurance proceeds may never reach your rightful heirs if you've failed to update the beneficiary designation form. Completing new forms and using a trust as a beneficiary will make sure you won't leave these assets to a deceased parent, former spouse or other unintended beneficiary.
Your estate plan gives you the power to ensure that your loved ones have the bright future you envision. Contact us for assistance.

Our commitment to pro bono service

2011-06-30T11:45:00.000-07:00

Although our firm occasionally takes on special cases without any expectation of receiving a fee, our preferred method of providing pro bono service comes in the form of volunteering for local non-profit and charitable organizations. Recently, our founder, Ted Bond, Jr., was named to a seat on the board of directors at his alma mater, Carmel Catholic High School of Mundelein, IL. Carmel is frequently recognized as the top private college preparatory school in northern Illinois. It is best known for requiring its students to provide regular community service hours and for producing mature young adults who go on to do great things with their lives. Ted is very excited to serve on the board of a school which had such a great impact on his life and hopes to be able to continue and improve the Carmel tradition.

Our mortgage foreclosure practice is expanding

2011-06-13T08:41:00.001-07:00

In recent months, our firm has seen a dramatic increase in the number of mortgage foreclosure cases we are handling. Local banks are using are firm to protect their interests in residential, commercial and vacant real estate throughout Lake County. Our firm promises that prompt attention will be paid to every matter and that regular status reports will be made. We are not a high volume paper mill dominated by paralegals and secretaries. When our clients want their questions answered, they communicate directly with an attorney. If you work for a local bank and are looking to either replace your mortgage foreclosure attorneys or to add new ones, feel free to contact us.

Announcing the Opening of Bond Title Services, Inc.

2011-05-17T12:12:00.001-07:00

We are pleased to announce the launch of Bond Title Services, Inc., a full service agent of Fidelity National Title Insurance Company. We are able to provide title searches, title commitments, title insurance policies and escrow closing services for our clients throughout northern Illinois and southern Wisconsin. Our firm is available to close transactions in our Waukegan office, our Libertyville office or other locations. We expect Bond Title Services, Inc. to be a great addition to our practice as we continue to represent sellers, buyers, banks and tax certificate purchasers for all of their real estate and legal needs. Feel free to contact us so we can show you how "Our Word is Our Bond".

Deeds in lieu of foreclosure

2011-04-26T08:13:00.000-07:00

For the past few years, we have been inundated with news stories about the large number of homes in foreclosure due to failure to pay back a mortgage loan. Many homeowners know that they will not be able to get the loan current or be able to pay the mortgage in the future. One way to get out of a bad situation, to get your credit back on track and to avoid having to go to court is a deed in lieu of foreclosure. A deed in lieu involves a transfer of ownership of the property to the lender in exchange for a release of any further liability against the borrower. Banks are are no legal obligation to accept a deed in lieu, especially if they believe the borrower is not walking away from the loan due to a true hardship. However, lenders also recognize that a deed in lieu of foreclosure can be used to avoid court costs and attorney's fees that are often never recovered after the foreclosure process and can expedite the resale of the property. Our firm has handled many deeds in lieu of foreclosure, representing both local banks and property owners in different cases. Feel free to contact us if you would like to find out if a deed in lieu of foreclosure makes sense in your situation.

Who is entitled to bring a wrongful death action?

2011-04-12T09:15:00.000-07:00

If a family member or loved one is killed as a result of the negligent or intentional acts of another person, the law allows the heirs of the deceased to pursue damages arising from the death. Things such as funeral expenses, final medical bills, loss of income and loss of love and companionship may be pursued. Who is entitled to seek this compensation? The law allows the heirs of the deceased to bring the claim. Priority is given to a surviving spouse and children. If the decedent left no spouse or children, grandchildren would have the next priority. If there are no direct descendants, the next priority goes to surviving parents and siblings. Things become much more complicated if there are no surviving parents and siblings but there may still be heirs entitled to pursue a case. If you have a relative whose death is attributed to the fault of others, do not hesitate to contact us to see if you are a person entitled to seek damages for wrongful death.

We are now able to handle Wisconsin matters

2011-03-29T11:51:00.000-07:00

Today our firm's founder, Ted Bond, Jr., was sworn in as an attorney for the State of Wisconsin. The firm is now available to handle a full range of legal matters in the southeast portion of the state including in Kenosha and in Milwaukee. If you or anyone you know is in need of assistance in Wisconsin in the areas of real estate law, commercial and business law, civil litigation, estate planning, personal injury or worker's compensation, do not hesitate to contact us.

Personal Guaranty's in Commercial Leases

2011-03-11T11:55:00.000-08:00

Our firm represents many small businesses including start up enterprises. With our help, they typically establish a corporation or limited liability company both to protect the owner(s) from unforeseen business liabilities and for certain tax advantages. Despite setting up this shield, most small business owners expose themselves to personal liability for claims arising out of the lease for the space used for their business. Many landlords will not agree to rent to a new business or a small business without a personal guaranty for the rent, common area expenses, real estate taxes and insurance obligations a tenant typically agrees to pay. It has been our experience, however, that many landlords will negotiate a limitation of a personal guaranty. If they are signing a long term lease, the owners of the business should not take on personal liability for the lease beyond the first few years of the term. Once the tenant has established a good history of payment, the landlord should no longer need the assurances a personal guaranty would provide. If you need help negotiating a lease for your business, feel free to contact our business attorneys for assistance.

The eviction process in Illinois

2011-02-21T11:59:00.000-08:00

Nothing can be more frustrating than a tenant who does not pay their rent. Promises to pay in the near future are often broken. Sometimes the landlord is forced to accept partial payments with the hope that the tenant will get current sometime in the near future. We tell all our landlord clients that bad tenants rarely get better. When problems arise, it is best to get the eviction process started as soon as possible since removing a delinquent tenant will take a minimum of 6 weeks and often longer. Strict statutory guidelines must be filed or you could be forced to start the eviction process over. The process begins with giving the tenant notice and/or an opportunity to cure the delinquency. The type of notice depends on the type of lease (written or oral) and service of the notice must be proper. Mere hanging of the notice on a door or slipping it under a door often is not enough. If the tenant still does not pay after receiving notice, then a court case must be filed and served on the tenant. Court can be an intimidating place and it is best to have a lawyer with you throughout the process. A landlord should never engage in self help by removing the tenant without proper legal procedures. If you have a tenant who is not paying their rent, do not hesitate to contact us for assistance.

New Power of Attorney Forms Coming to Illinois

2011-02-07T15:13:00.001-08:00

Our clients frequently tell us they need to prepare a will. They often procrastinate but that is not the point of this discussion. When planning for death, one should also plan for disability. You need to have someone appointed to represent your interests in the event you become unable to do so.
The State of Illinois has enacted legislation changing the format of powers of attorney beginning July 1, 2011. A power of attorney can be used to appoint someone to make medical decisions for you. It can also be used to appoint someone to handle your financial affairs.
If you have a power of attorney for health care and/or property that was prepared by us or by another lawyer, it will still be binding and valid after July 1st. However, the new forms are much more comprehensive than the old forms and comply more thoroughly with recent changes in the law regarding disability and probate estates.
Now is a good time to review your entire estate plan and to consider replacing your old powers of attorney. Contact us to discuss you best options.

Grounds for divorce in Illinois

2011-01-19T10:17:00.000-08:00

The reason or basis for a divorce proceeding is referred to as the "grounds". Illinois does have a "no fault" grounds referred to as "irreconcilable differences". In order to file for divorce under irreconcilable differences, the couple must live separate and apart for at least two years, or, the couple may sign a stipulation or agreement stating they have resided separate and apart for at least six months. There are also "fault" grounds in Illinois, which include the following:
Naturally impotent
Bigamy (more than one spouse)
Commit Adultery
Desertion for one year or longer
Habitual Drunkenness for two years
Excessive use of addictive drugs for two years
Attempted murder by the respondent against the petitioner
Extreme and repeated acts of physical or mental cruelty
Infecting the petitioner with a sexually-transmitted disease
Convicted of a felony

If you are contemplating a divorce from your spouse and are not sure how to go about it, do not hesitate to contact our divorce lawyers.

No more monkeys and other new laws in Illinois

2011-01-04T09:29:00.000-08:00

With the beginning of the New Year, a number of new laws have gone into effect in the State of Illinois.
Monkeys can no longer be owned as pets. A grandfather clause allows current monkey owners to keep their animals but prevents any future sales of the primates.
The distribution or use of K2 is now banned. K2 is a marijuana substitute sometimes called fake weed.
Teenagers caught "sexting" with other teens are now eligible to be charged with a misdemeanor whose punishment includes supervision and education. Felony charges will be reserved for those over the age of 18 who send sexually explicit texts to minors.
Use of the red light cameras which have become prevalent throughout the State will now be more limited. Fines will no longer be issued for coming to a complete stop just over the white line. Also, the photos or video taken of any alleged infraction must be reviewed by a police officer before a citation is issued.

Civil Unions Are Coming to Illinois

2010-12-10T13:51:00.001-08:00

Beginning July 1, 2011, the State of Illinois will for the first time allow for civil unions among gay and lesbian couples. We are grateful to see that the government will no longer discriminate against these individuals and will now recognize their ability to legally make a commitment to their partners. With this new law will come many legal questions. How will civil unions affect rights to property acquired both before and after the union becomes legal? How will gay and lesbian couples be able to hold title to real estate? What are the legal and financial ramifications of terminating a civil union? What effect will a civil union have on estate planning? Our firm looks forward to learning the nuances of the new law. We want to make sure that we will be able to give sound legal advice and counseling to those who want or need to learn more about civil unions.

Questions to ask a lawyer you are considering hiring

2010-12-01T14:29:00.000-08:00

· How much experience do you have?
· Have you handled matters like mine? How many?
· What are the best case and worst case scenarios for my matter?
· What are my alternatives in resolving the matter?
· Approximately how long will it take to resolve?
· Is mediation or arbitration a viable option?
· What are the fees that you will charge me?
· What is a ballpark figure for the total bill, including fees and expenses?
· How will you keep me informed of progress? How often do you check voice mail and e-mail?
· What kind of approach will you take to resolve the matter - aggressive and unyielding, or will you be more inclined to reach a reasonable settlement?
· Who else in the office will be assisting with my case?
A good lawyer will have no qualms about honestly answering any of the above questions. Our firm derives most of its business from referrals and repeat business, a clear indication of satisfied clients. Please do not hesitate to contact us to see if we can assist you with your legal matter.

What kinds of benefits are available for on the job injuries?

2010-11-15T12:13:00.000-08:00

Under Illinois law, there are four general types of benefits available to those who sustain injuries arising out of and in the course of their employment:
1) Medical bills. Your employer or their insurance carrier is required to pay all medical bills sustained by you which were caused by your on the job accident and which are reasonable and necessary to treat your condition. You should not have to pay any out of pocket expenses, deductibles or prescription costs. If any medical provider makes you pay those things, you will get reimbursed.
2) Temporary total disability benefits, or TTD, are paid to you for time missed from work as a result of your injuries. You should expect to receive 2/3 of the average weekly wage paid to you during the one year preceding the accident. TTD benefits are tax free and are not subject to any type of withholding for social security, medicare and the like.
3) Permanent disability benefits. Even if you recover from your injuries and return to the same job, you are entitled to compensation based on a percentage loss of use of the body part that was injured. Benefits are also available for permanent loss of wage earning capacity if your injuries force you into a lower paying job. Also, you could be entitled to permanent total disability benefits if your injuries prevent you from returning to any type of gainful employment.
4) Damages from third parties. In Illinois, you are limited by law to seeking the benefits allowed by the Worker's Compensation Act from your employer. However, if a third party other than your employer was fully or partially responsible for your accident, you may be able to pursue a separate case and receive additional compensation.

Determining the full amount of the benefits due to you can be very complex. Doing so without the assistance of a qualified attorney may prevent you from getting everything you deserve. Contact us today if you have been injured on the job.

Damages in Personal Injury Cases

2010-11-05T09:14:00.000-07:00

What type of damages should you expect from a personal injury case? A good lawyer determines the value based upon what they expect a reasonable jury to award as fair and adequate compensation.
Generally there are three types of damages:
· Past Economic losses
· Future economic losses
· Pain and suffering

Past economic loss is fairly straightforward. It include such things as medical bills, expenses for over-the-counter or prescription drugs, lost income and additional child care costs. Every case is different but the key question is what are the out-of-pocket expenses incurred by me and my family as a result of my injuries.
Future economic losses are harder to figure out and could require the retention of an expert witness such as an economist. Loss of future earning capacity is the difference between what you were capable of earning over your lifetime before the injury and the amount you're now capable of earning with your permanent physical limitations. Doctors must determine your permanent physical limitations and a vocational expert can then figure out the impact on your employability. Future economic losses also include expected medical and life care expenses.
Determining damages for past and future pain and suffering resulting from your personal injury can be very difficult. There are no books or guides for juries to use in determining these losses. Your lawyer can review past jury verdicts for cases similar to yours and can use their training and experience to come up with a fair range of damages that you might expect.
Obtaining a fair and reasonable outcome from a personal injury case takes a qualified and experienced lawyer. Contact us if you need assistance with your injury claim.

Protect Your Financial Security

2010-10-27T13:06:00.000-07:00

Some legal advice on how to protect your personal finances:
1. Do not sign the back of your credit cards. Instead, put 'Photo ID
Required.'
2. When you are writing checks to pay on your credit card accounts, do not
put the complete account number on the 'For' line. Instead, just put the
last four numbers. The credit card company knows the rest of the number, and
anyone who might be handling your check as it passes through all the check
processing channels won't have access to it.
3. Put your work phone number on your checks instead of your home phone. If you
have a PO Box use that instead of your home address. If you do not have a PO
Box, use your work address. Never have your SS# printed on your checks.
4. Place the contents of your wallet on a photocopy machine. Copy both sides
of each license, credit card, etc. You will know what you had in your wallet
and all of the account numbers and phone numbers to call and cancel if it becomes necessary.
Keep the photocopy in a safe place.

Simple steps that might save you a lot of hassle in the future.

Let us be your point of contact for all your legal needs

2010-10-23T13:14:00.000-07:00

Our firm handles a wide variety of cases. While we may have helped you or someone you know in one area of the law, you may not be aware that we also handle:
· Real estate law
· Residential closings
· Commercial closings
· Landlord representation
· Title disputes and litigation
· Family law
· Divorce
· Child support
· Custody/Visitation
· Paternity
· Adoption
· Orders of protection
· Prenuptial agreements
· Personal Injury
· Motor vehicle accidents
· Slip and fall
· Dog bites
· Products Liability
· Medical Malpractice
· Wrongful Death
· Worker’s compensation
· Civil litigation
· Wills and trusts
· Small business formation and representation

For cases we do not handle, we can often refer you to other lawyers knowledgeable and experienced in that field. Feel free to contact us to see how we can assist you.

Child support under Illinois law

2010-10-12T09:19:00.000-07:00

Child support is one of the essential components of divorce proceedings in Illinois, and one of the reasons for seeking the representation of an experienced family law and child support lawyer. In Illinois, child support is the legal right of a child, not a parent, to support. As such, neither a parent nor his or her lawyer may waive child support. In Illinois, Judges are very diligent in ensuring that the appropriate amount of child support is set in dissolution cases.
In Illinois, supporting a minor/dependant child is an obligation of both parents. Generally speaking, the parent with residential care of a child is supporting the child by providing shelter, food, clothing, schooling, medical and related needs for the child. The parent with whom the child visits pays a percentage of his or her income to the residential parent toward the support of the child. In Illinois, the legislature has set forth a minimum statutory guideline for payment of child support based upon the number of children a couple is supporting. The guidelines are as follows:

1 Child..................................20% of net income

2 Children.............................28% of net income

3 Children.............................32% of net income

4 Children.............................40% of net income

5 Children.............................45% of net income

6 Children.............................50% of net income

A court may deviate above or below these guidelines upon the showing of a need for such a deviation. Some of the factors a Court may consider in deviating from the guidelines include:
The financial resources and needs of the child
The financial resources and needs of the custodial parent
The standard of living the child would have enjoyed had the marriage not been dissolved
The physical and emotional condition of the child and the child's educational needs
The financial resources and needs of the non-custodial parent
A lawyer is in the best position to make the case either for or against deviation from statutory guidelines. In some circumstances, a court may set aside portions of the marital property to be held in trust for the child, in place of or in addition to regular child support payments from one parent to another. Child support is separate from, but in some circumstances related to, alimony or spousal maintenance, and your lawyer will make sure it is accounted for during the negotiation of settlement terms.
If you find yourself facing the complications of a divorce in Chicago, Lake County, or Waukegan Illinois, contact our experienced child support lawyers.

Everyone should have an estate plan

2010-09-24T11:48:00.000-07:00

All your life, you have worked hard to raise your family and earn your assets. The simple fact is that none of us knows when we might become disabled or die. A dispute over your belongings is the last thing you want to have happen under these difficult circumstances.
Good estate planning can keep your family out of probate court or least minimize the need for court intervention and can save everyone time and money.
We can prepare a proper will for you and can discuss whether living trusts or other estate planning devices are appropriate for your situation. Be aware of discount or online will preparers. Their forms are often generic and won't be tailored to meet your specific desires or the laws of your state.
Our firm highly recommends a living will, a power of attorney for health care and a power of attorney for property. In the event you become disabled, you can appoint someone you trust to make medical and financial decisions for you.
Creating and maintaining a good estate plan will be much less expensive than having to resolve your medical care and assets through the courts. If you want to get started, complete this form and we will contact you to discuss your best course of action and the costs to complete the plan.

Another Appellate Court Victory

2010-09-10T08:19:00.000-07:00

We recently obtained a successful outcome from the Second District Appellate Court on behalf of a property owner who was in danger of losing his home due to non-payment of real estate taxes. Our client had inherited his interest in the property from a deceased parent. Due to financial difficulties and a dispute with another heir, the real estate taxes went unpaid and were sold to a professional investment company. When that company sought to take ownership of the property through the courts, we objected on the grounds that the proper legal notices had not been given and that all the proper parties had not been served with notice of the proceedings. The trial court overruled our objections and ordered our client to vacate the premises. On appeal, the Second District accepted our legal arguments and created new precedent holding that all known heirs of a decedent's estate are entitled to notice of a tax deed proceeding if the estate still holds title to the real estate.
Our firm regularly represents both tax buyers and property owners in court proceedings relating to foreclosure of delinquent real estate taxes. If you need assistance with tax deed matters, do not hesitate to contact us to see if we can be of assistance.

Buying Distressed Real Estate

2010-08-30T14:14:00.000-07:00

With inventory high, prices low and interest rates very low, wise individuals are looking for opportunities to buy real estate. Now more than ever, good legal counsel is a must. Purchasing REO or bank owned foreclosure properties is very different than buying from a non-institutional seller. Banks write their contracts to be very friendly to their interests and to minimize their closing costs. Also widely available these days are "short sale" properties. This means the seller will not net sufficient funds from the sale to pay the full amount due to their lender(s). These transactions have their own hazards and pitfalls. Gone are the days of simple closings that can take place in a matter of days. Buyers need legal counsel who have dealt with these situations before and can advise you what to expect. Do not hesitate to contact us if you are planning to buy real estate any time in the near future.

The jury system is imperfect but it's the best one we have

2010-08-20T12:00:00.000-07:00

This week a federal jury announced that it was deadlocked on 23 of 24 counts of an indictment against the former governor of Illinois. Pundits have been very critical of the jury members, questioning how they could not reach a unanimous decision after so much evidence was presented. While it is unfortunate that the Blagojevich saga will have to continue at taxpayer expense, our jury system is still better than other alternatives. Judges, hearing officers and arbitrators can be just as indecisive or inattentive to evidence as a jury. Despite their legal training, they can often misinterpret or misunderstand the finer points of law applicable to a particular case. They are often biased or unqualified to handle the cases they hear. Perhaps a conversation can take place to allow jury decisions that are less than unanimous, i.e. should a 3/4 majority should be sufficient? Regardless, deciding another person's guilt or innocence is always a difficult and demanding job. Our legal system has many issues. Allowing an unbiased panel of one's peers to decide disputed questions of fact is not one of them.

The Advantage of Having a Living Trust in Addition to a Will

2010-08-05T13:54:00.000-07:00

All of us know that we should have a will so that our wishes are honored when we pass away. For many people, a living trust can be an even more valuable estate planning tool. The following are some of the advantages of a living trust.

Avoiding Probate
Probating an estate, i.e. having a court case opened to deal with distribution of your assets, can be very expensive. Court costs and attorney’s fees can eat up a significant portion of the estate and prevent those funds from passing to your designated heirs and beneficiaries. In Illinois, an estate can be resolved fairly easily via use of small estate affidavits but only if the total value of the deceased person’s assets is less than $100,000. If an estate exceeds that amount, transfer of significant assets such as real estate, bank accounts and securities accounts will require court intervention if a proper estate plan is not in place.
Putting assets in a living trust during your lifetime can eliminate probate. Your designated trustee will transfer all assets held in trust to the beneficiaries you designate. This can include children, other family members, friends and charitable organizations. The trust document controls and a court will not have to intervene except in extreme cases where the validity of a trust document is challenged. A living trust will save time and aggravation for your beneficiaries.

Saving Money
The cost of setting up a living trust and funding it will be significantly lower than the cost of probate. Many attorneys will charge a flat fee for preparing a trust document and for assisting you with transferring title of your assets to the trust. Even if an attorney charges an hourly fee, the number of hours to complete an estate plan is significantly lower than the hours that will be expended on a probated estate.

Asset Management During a Period of Disability
A will takes effect only upon your death. A living trust, on the other hand, can be crafted to deal with your assets in the event of an extended period of disability. You can appoint a trustee in whom you have great faith to protect your assets. A living trust can also help avoid the expense and emotion that can be associated with legal proceedings seeking to have a court overseen guardian appointed for you.

Privacy
Upon your death, a will must be filed with the court. It becomes a matter of public record, available for anyone to see. The terms of a trust document, however, remain private. Its contents will be known only to your designated trustee and beneficiaries.

Flexibility
Most living trusts are revocable. This means that it can be modified by you at any time before your death. Changes in your family, issues with your heirs or a desire to assist charitable organizations are all reasons that you may wish to modify your estate plan. The legal process for modifying a trust is simpler than the process for modifying a will.
Estate tax laws, both on the federal and state level, have been changing regularly in recent years. Having many, if not all, of your assets held in a living trust gives you the opportunity to change your estate plan easily to conform with new tax requirements.

Seeing Your Estate Plan at Work
Subject to certain gift tax law limitations, a living trust can be used to begin making distributions of your assets during your lifetime. You can use this process to make sure that you chose the right person to be your executor or trustee. You can also use it to see whether your beneficiaries will use your assets as you intended. Finally, you can begin making charitable donations of your assets now rather than waiting until you pass away.

As with all estate planning, you should consult with your qualified financial adviser, tax professional and legal advisor on the best options for you.

Delinquent property tax sales and litigation in Illinois

2010-07-28T12:28:00.000-07:00

What to do if you are involved in a motor vehicle accident

2010-07-15T13:22:00.000-07:00

1) Stop your vehicle. Never leave the scene. Try to find a safe area away from traffic.
2) Call an ambulance if necessary. Not every locale has 911 service.
3) Always call the police. You will need an accident report. Never admit fault even if you think you might have been in the wrong. You have the right to refuse to talk to the police. If you feel you were not at fault, explain to the officer what happened.
4) Take pictures of the accident scene and the vehicles involved. Call a towing company if necessary.
5) Get contact information for any witnesses who are present. Make sure you get contact information for the other drivers and their insurance companies.
6) Share your insurance information with the other drivers even if you were not at fault. Report the accident to your insurance company even if you are not making a claim.
7) Get the advice of a good attorney as soon after the accident as possible.

Legal Aspects of Getting Married

2010-06-25T11:13:00.000-07:00

Do you believe that prenuptial agreement will doom your relationship? The truth is that these written agreements can actually bring harmony to a relationship by addressing your concerns about financial issues. Ideally an agreement will provide certainty and help avoid the financial and emotional costs of legal action in the event of a divorce or death.
A prenuptial agreement sets out the rules that will cover property rights if the marriage ends. The prenuptial agreements are sometimes called premarital, antenuptial or prenup agreements.
A prenuptial agreement is entered into before marriage and it protects each person's interest in his or her own property and defines each person's rights to the property of the other person if they divorce or one of them dies. You may be considering a prenuptial agreement if you are about to enter into marriage. Deciding to have a prenuptial agreement can be looked at as an opportunity to communicate and make plans with your partner, rather than a hostile or adverse situation.
The following are some of the benefits of having a prenuptial agreement:
· Allows individuals to determine in advance who will keep specific assets
· Can be used to guarantee the financially less secure partner a fair share of assets
· Can be used to compensate a partner for his or her role as a caretaker
· Allows the financially more secure party to limit financial loss in the event of a divorce
· Discloses expectations of the relationship, both financial and personal
· Allows couples to be open with one another about their finances
· Allows each partner to protect separate property so that it won't be considered a combined or joint asset if the relationship ends
· Allows each partner to keep their individual debts so that one partner will not be responsible for the debts of the other partner if the relationship terminates
· Can provide for children from a prior marriage
· Avoid legal battles over property issues in the event the relationship ends

If you and your partner decide to have a prenuptial agreement, you will want to have a lawyer help you draft your agreement so that it follows the laws for your state and will hold up in court. It is important that each of you have a lawyer so that each person will have their interests represented without conflicts of interest.
Some questions that you may want to ask your lawyer:
· What should be covered in the prenuptial agreement?
· What are the consequences of our agreement in the event of a divorce or death?
· How do prenuptial agreements differ from a marital settlement agreement and separation agreements in a divorce?

The eviction process in Illinois

2010-05-21T14:20:00.000-07:00

Buying a rental property is often a sound investment choice. Until your tenant stops paying and leaves you to cover the mortgage, taxes, insurance, etc. on your own. Many landlords have questions about how to remove a non-paying tenant. The first and most important piece of advice is to avoid self help and to make sure you follow the legal process. That process is outlined below. A landlord should always consult a lawyer before engaging in any of these procedures on their own.
A) A notice of termination of tenancy must be served on the tenant. Personal service is best but other methods are allowed. If the tenant has a written lease, a 5 day notice is usually required. If the tenant pays in full within those 5 days, eviction proceedings must stop. If there is no written lease or the lease has expired, a 30 day notice may be required.
B) After the notice period expires, a lawsuit called a complaint in forcible entry and detainer must be filed. The tenants must be served with a summons and be given an opportunity to come to court to defend themselves.
C) If the tenants are properly served and do not come to court, a judge will sign a possession order and may also sign a judgment for the rent and other costs owed. If the tenants contest the redemption, a trial will be scheduled on an expedited basis.
D) A landlord may not self enforce the court's possession order. The possession order must be enforced by the County Sheriff. The landlord will be present on the date the sheriff comes to the property.

If you are a landlord and need help with a delinquent tenant, do not hesitate to contact us.

Mortgage foreclosure timeline in Illinois

2010-04-23T11:23:00.000-07:00

Our firm represents one local financial institution in mortgage foreclosure matters and often represents other parties in these types of cases. With the proliferation of delinquent home loans, we are frequently asked how long the mortgage foreclosure process takes. The following are general guidelines but these can vary depending on the nature of the case. Also, the current case volume makes it more difficult to get court dates than it used to, sometimes causing further delays. Contact us if you need assistance with a mortgage foreclosure case.

- Most lenders will begin the foreclosure process after the borrower has missed three monthly payments
- A law firm will then file a complaint with a court having jurisdiction over the property
- A sheriff or process server will serve the borrower and other parties interested in the property with a summons. The parties generally have 30 days to appear in the case and respond but can get additional time in some instances .
- If no defense to the foreclosure is raised, the law firm will file a motion within the court more than 30 days after the parties have all been served requesting a judgment.
- The right to reinstate the loan (or bring it current) expires 90 days after entry of the judgment. Many courts and lenders will agree to extend this deadline if they believe the borrower has the ability to get current.
- The right to redeem the loan (pay it in full) will expire either 7 months after the summons is served or 3 months after the judgment is entered, whichever is later.
- Once the right of redemption expires, a sheriff's sale takes place. The foreclosing lender places the first bid. The lender will will the auction unless higher bids are made.
- After the sheriff's sale, the attorney must appear before a judge and have the sale confirmed. The borrower is given 30 days after the confirmation order is entered to vacate the premises. Otherwise, they can be evicted.
- A special right of redemption exists in some cases for up to 30 days after the entry of the confirmation order

Beware Discount Incorporation Offers

2010-04-14T07:50:00.000-07:00

There is a wave of advertising out there promising to incorporate your business at very low rates. These companies often do nothing more than fill in the blanks on standardized forms. Their generic paperwork is one size fits all and is not tailored to the specific requirements of states like Illinois. In fact, these discount providers often have no interest in learning about you, the type of business you are establishing, how you want to run your business and what your goals are for the future. You certainly cannot turn to them for advice as your business grows and legal issues arise. Our firm will take the time to get to know about you and your enterprise. We will draft the necessary paperwork in a way that best fits your business. We can assist you with preparing the annual paperwork and paying the annual fees necessary to properly maintain your corporation and to give you with the ongoing liability protection that a corporation provides. If you are interested in incorporating your business, contact our firm today.

Protecting Yourself From Identity Theft

2010-03-23T14:40:00.000-07:00

With the prevalence of the Internet in our society and the convenience of payment methods like credit cards, debit cards, auto-pay and Pay Pal, identity theft has become more and more common. While there is no way to guarantee that someone will not try to steal your personal information for their own financial gain, there are certain steps you can take to protect yourself:
1) Place all of your phone numbers on the Do Not Call Registry, www.FTC.gov
2) Cell phone numbers are soon to be released to telemarketing companies. You can place your cell phone number(s) on the national do not call registry by calling the following number from each of your cell phones: (888) 382-1222.
3) Never let your credit or debit card out of your sight. Insist that the store clerk or restaurant server swipe the card in your presence. Pay cash whenever possible.
4) Request to be removed from all marketing lists, be they regular mail or e-mail
5) Shred all documents with personal information including unsolicited credit offers
6) For each company with whom you transact online business, use strong passwords. Change your passwords regularly
7) Request to be excluded from nationwide consumer credit reporting lists by calling 1-888-5OPTOUT (1-888-567-8688)
8) Secure all wireless Internet connections, home and office, with encryption
9) Secure all computers and PDA’s with antivirus software. Many companies offer free versions that can be adequate or inexpensive versions for more thorough protection.
10) Obtain a copy of your Social Security Earnings and Benefit Statement and look for earnings from unknown employment
11) Obtain a free copy of your consumer credit report every four months rotating between the three major credit agencies (Equifax, Experian, Transunion)
12) Take advantage of Illinois’ security freeze law. A security freeze prohibits a credit reporting agency from releasing your credit report or credit score without your express written authorization. To place a freeze, you must send a request in writing by certified mail to each of the three major credit agencies. A small fee may be charged but must be waived if you are age 65 or older. You may lift the freeze any time you apply for credit. The freeze must be lifted within 3 business days. You should be certain to follow up with the credit agencies to ensure that the freeze is reinstated after the release of your credit report.

It can be difficult to locate those responsible for identify theft. There are both criminal and civil penalties available for such behavior. However, it is best to try and prevent identify theft before it occurs.

Dear Politicians:

2010-03-18T11:04:00.000-07:00

I am not the problem. Stop expecting me to be the solution. I work for a living. I employ people. I report all my income. I pay all my taxes. On time. I provide for my family. I do not live above my means. I am not saddled with excessive debt. I live my life in service to others and in service to God.
Many people in this country care about no one other than themselves. Their reckless lifestyles caused many of the economic problems we face today. These are the same people that demand bailouts. Most government entitlement programs exist to help those who refuse to help themselves.
Stop dreaming up new spending programs financed by people like me to help those who have chosen an irresponsible path in life. I should be rewarded for doing the right thing, not punished. Lower my taxes. Stop the giveaways to those who don't deserve them. The world will be a better place.

Child custody disputes in Illinois

2010-03-05T14:24:00.000-08:00

Courts look to certain factors set forth by the Illinois Legislature in making custody decisions, including:
-The wishes of the parent(s) as to the child's custody
- The wishes of the child
- The relationship between the child, parent(s) and/or siblings
- How well the child is integrated into home, school, and community and whether one custody solution would uproot the child or disturb that integration
- The mental and physical health of child, parent(s), and sibling(s)
- The existence of or threat of physical violence against the child or anyone else by either parent, especially "ongoing abuse" as legally defined by the Illinois Domestic Violence Act
- The willingness of each parent to foster a positive relationship between the child and the other parent

If you are involved with a dispute regarding child custody, please contact our family law attorneys to see if we can be of assistance.

Illinois Voters Disenfranchised Yet Again

2010-02-10T14:20:00.001-08:00

At least twice in the past decade, winners of statewide primary elections in Illinois have been forced by party leaders to withdraw from the general election. While I do not intend to defend the conduct or character of Jack Ryan or Scott Lee Cohen, their treatment by the aristocracy that run Illinois political parties is deplorable. If it was up to the Republican and Democratic party leaders, we would just dispense with primaries altogether and let them anoint their preferred candidates. That way us members of the bourgeois would be left with only two choices each election cycle and the power of the two dominant parties would be preserved. It's time to eliminate political parties altogether. Anyone who wants to run in a general election should run. The person with the most votes gets the job. No interference from Mike Madigan, Andy McKenna and the other snobs who dominate the political parties and could care less about the electorate. The centralization of political power in only a few hands has made the State of Illinois an embarrassment. Time for radical change and for the voting public to once again be relevant.

The Lake County Board Has No Grasp of Reality

2010-02-01T14:15:00.001-08:00

During the worst economic recession of my lifetime, our Lake County Board continues to spend money like they have a never ending supply. As we speak, they are completing construction of a gargantuan and overly elaborate facility for the health department on Grand Avenue in Waukegan. They recently finished a palace for the building department in Libertyville, a department which is little needed these days but which has not significantly cut its budget. Now they want to spend over $4 million to acquire a new home for the forest preserve district in Libertyville. They have the audacity to argue that spending $4 million rather than staying in and maintaining the existing facilities will actually save money. What planet to they live on? This is the same board which complained vehemently about having to lay off 18 people out of a work force in excess of 3000. This nonsense has to stop. Vote against the incumbents this year so we can get some people who will behave in a responsible manner and cut spending instead of increasing it. The rest of us have had to tighten our belts. It's time for Lake County government to do the same.

Vote Anti-Tax and Anti-Spending

2010-01-18T10:23:00.000-08:00

Illinois has primary elections scheduled for February 2nd. Whatever party you belong to, make sure that you understand all of the candidates' positions on taxing and spending. Almost every government entity, whether it be local, state or federal, is now spending more than they take in. While it is convenient to blame all of our current economic troubles on the banking industry and the real estate market, an over burdensome government is as much to blame as anything. We are all overtaxed. Most of us work from January 1 to mid May just to pay our obligations to the government. None of us get a good return on our investment. Even with revenues way down, most government bodies have done little or nothing to curb their voracious appetite for spending. Insist on elected officials who are not afraid to significantly cut their budget. Look for those who promise to spur the economy not by spending more but by taxing us less. History has shown us that economic prosperity always arises when tax rates are low. Vote for those who believe that government is not the solution. It is the problem.

Yet Another Appellate Court Victory

2009-12-29T10:45:00.000-08:00

For the third time this year, our firm received a favorable ruling in an appellate court matter. In this most recent case, we represented the purchaser of a tax sale certificate who was seeking title to the property for non-payment of real estate taxes. The property owner challenged the legal sufficiency of the notices served upon him notifying him of the tax sale, the last day to pay his delinquent taxes and the consequences of his failure to pay. We were able to convince the First District Appellate Court that our client's notices were legally proper. Despite errors alleged by the property owner's attorney, we successfully argued that the property owner was not mislead by the notices he received and that he suffered no harm or prejudice as a result of the deficiencies being asserted. This victory came despite recent appellate court rulings holding that tax sale notices were defective due to such errors as the failure to include superfluous digits when referring to the certificate number and for directing the property owner to a court hearing at a specific building without including the address of that building. Our two victories on behalf of tax buyers this year overcame recent case law trends which strongly favored property owners. We continue to represent both tax buyers and property owners in delinquent tax sale matters. Feel free to contact us if we can be of assistance.

Say Merry Christmas, not Happy Holidays

2009-12-17T12:52:00.001-08:00

Many people I have spoken to have grown tired of the politically correct practice of saying Happy Holidays instead of Merry Christmas. This time of year is a celebration of a glorious Christian holiday. Although other faiths and groups my also celebrate certain events in December, the fact remains that much of what is good about this time of year arises from the joy brought about by the recognition of the birth of Jesus Christ. As a practicing Catholic, I respect the beliefs of non-Christians and offer no direction to them on how to celebrate their holidays. The Christmas holiday should not be diminished just because we Christians are a majority group in this country. Nor should we be forced to include everyone in our celebration. Next time you are out in public, proudly say Merry Christmas to those you meet. For anyone who is offended by this salutation, lighten up. We Catholics believe in tolerance for all belief systems. All we ask is that you show us the same courtesy and respect that we show you.

Property tax assessments not the real problem

2009-12-07T11:58:00.000-08:00

At this time of year, we hear many complaints from our homeowner and investor clients about their real estate tax assessments. Much anger and hostility is directed towards the assessor by people who believe that their property has been over valued. However, the assessor is not really the problem. For one, the assessor must base his valuation on an average of the last three years, not just the current market condition. Also, the assessed value of an individual property merely determines what portion of the tax burden you must pay to each taxing body. The only real way to get property tax reductions is to get the government to spend less. The amount each school district, village, fire district, etc., spends is determined by their tax levy. The assessed value of your home is compared with the assessed value of the other properties in the taxing district and the amount each property owner pays is then allocated based on their assessed value. Unless and until tax levies are lowered, your property tax bill will continue to increase. Property owners need to spend more time encouraging elected government officials to lower their tax levies in light of the current economy. The real anger and hostility should be directed as those whose budgets expand every year regardless of need and not at the assessor charged merely with proportioning the tax burden.

Thank you to our veterans

2009-11-20T14:31:00.001-08:00

With the recent Veterans' Day holiday, one has had the opportunity to hear details of some of the sacrifices that others have made for our country. I've had the chance to watch the documentary WWI in High Definition on the History Channel which detailed just some of the many amazing stories of those who fought in that conflict. I am grateful that I was never forced to serve in the military or the war. For those who were drafted and served, and especially for those who volunteered to fight in any of the various wars of recent years, THANK YOU! The world is a better place because of what you have done.

Encouraged by the home buyer's credit

2009-11-07T12:05:00.000-08:00

Just this week Congress extended the first time home buyer's tax credit thru May 1st, 2010. Anyone who has never bought a home or has not owned a home in the past 3 years is eligible for a tax credit of up to $8000. A brand new provision allows anyone who has lived in their current home for at least 5 years to receive a tax credit up to $6500 for the purchase of a new home. This is the kind of thinking that is sure to get the real estate market moving again and to improve our overall economy. There is no doubt that the existence of the first time buyers credit during 2009 had a very positive effect.
Cutting taxes will always help spur economic growth. Its been proven time and again. Much of our current economic mess can be attributed to confiscatory tax rates. While this new legislation is a rare positive sign from Washington, the excess of spending still must be curbed. There is little to no evidence that the bailouts of banks and private businesses has had a significant effect. It is undisputed that the cost of the massive TARP program and auto company bailouts far exceeds the value of any benefit received.
Message to our politicians: Keep cutting taxes. Reduce spending significantly and stop spending more than we take in. It works every time its tried. A simple solution to a complicated problem.

The Blagojevich Debacle Has Created No Real Reform

2009-10-20T14:20:00.001-07:00

After the embarrassingly corrupt tenures of former Governors Ryan and Blagojevich, many of us hoped that those in Illinois government would clean up their act. To the contrary, all they have done is offer meaningless proposals designed to get good publicity but to continue to concentrate all of the power in the political elite. Legislation was recently submitted to create a constitutional amendment that would allow a recall of the governor. The process of recall is so incredibly difficult, requiring petition signatures from 15% of those who voted in the last election, that it will be impossible to use. Of course, only the governor can be recalled, not any other office holders who have just as much potential for and/or history of corruption. Another piece of legislation proposes campaign contribution limitations. The mucky mucks all claim this bill will help reduce the influence of money on politicians. This provision is also a joke in that it only limits the contributions that we regular citizens can make. There are no limits to the amount a political party or a political action committee can contribute to a favored candidate. This so called reform will only serve to concentrate more power in the unaccountable legislative and party leaders and will take even more control away from the voters. Illinois politics is a cess pool. Nothing that has happened in recent weeks would indicate that we have any serious chance of cleaning it up.

Opposed to auto racing in Waukegan

2009-10-15T12:26:00.000-07:00

Waukegan's mayor has recently been pushing to have the city host an auto racing event through downtown streets. He claims this short lived event will provide an economic boost to the city. As usual, the concerns of city residents and property owners are being ignored. Has anyone looked at the damage such a race might cause to the streets, sidewalks, parkways and surrounding areas? Who will repair the damage? Who will pay for it? We suspect these costs will be dumped on the property owners even though they did nothing to cause the problems. Has a study been done to determine if the area can even handle the expected crowds? Where will all the spectators park? What guarantees do we have that there won't be trespassing and vandalism to downtown properties? There has to be some quieter, less invasive event that could help promote the city and bring additional dollars to town. The property damage and cost of city services will far outweigh any benefits that will be gained from such a race.

"Greed is good": Try Again

2009-09-16T12:31:00.000-07:00

Many of us remember this line from the Michael Douglas character in the movie Wall Street. Yet a lot of people forget that Gordon Gecko was a lamentable person, not a hero. How much is too much? A small yet very influential segment of our society never believes that they have enough. Were we put on this earth to accumulate possessions? Or were we put here to use our God given talents to serve others? What point does massive wealth serve other than gratification of an ego or a need to feel superior to other human beings? The economic mess of the past few years can be largely attributed to those were never satiated. People who already had more money that they could ever need to live a comfortable lifestyle engaged in risky strategies with OPM (other people's money), all in the thirst for more, more, more. Now that those actions have failed, the fund managers, bankers and politicos walk away with plenty while their investors are left holding the bag. Greed is not good, it is evil. No one should be denied the right to pursue a decent living and to achieve all they are capable of achieving. But at some point, its time to recognize that you have enough. Back off the thirst for massive wealth and devote your time and energies to more philanthropic pursuits. Money alone cannot buy happiness.

Reducing Taxes and Government Waste the Key to Economic Recovery

2009-09-11T11:28:00.001-07:00

Government bodies of all shapes and sizes are only recently beginning to discuss how to deal with the decreased revenues they knew were coming many months ago. There has been much hand wringing over the possibility of laying off workers who have become unnecessary because of the slowed pace of development and the real estate market. The County of Lake acted embarrassed to lay off 18 people out of a work force of over 3000, a staff reduction of well less than 1%. Why can't the government do what private businesses have been doing since the recession began a few years ago and significantly reduce their staffs to save money?
Proposals have been floating around left and right to raise taxes, fees and other funds we are forced to turn over to the government. I would suggest that this economic mess we are in is due in large part to a bloated bureaucracy. The government is the single largest employer in this country. Most of us turn over the equivalent of every dollar we earn from January 1 to May 15 each year just to meet our tax obligations. This is ridiculous. The vast majority of hard working and honest people do not get anywhere near fair value for their money in a return of government services.
To boost the economy, we need to slash the size of government and reduce taxes accordingly. There are plenty of non-essential government programs we can live without. It's time to leave more of our money in the efficient and profit driven private sector, not in the wasteful and inefficient government. We voters need to demand that our elected officials act more responsibly. The days of ever growing government and never ending tax increases must come to an end.

Another Appellate Court Victory

2009-08-13T08:14:00.000-07:00

We recently received another favorable decision from an Illinois appellate court. Our client has been struggling for years to obtain access to a public road for an otherwise valuable piece of real estate she inherited. We filed suit against adjoining property owners relying upon complex case law and precedent which can force access easements in some cases. Our claim was based upon the fact that our client's predecessor at one time owned all of the surrounding property but had made some inadvertent errors in memorializing how the property was to be accessed. The trial court granted a motion to dismiss the lawsuit. The Appellate Court, in a lengthy opinion, agreed that our client's claim had merit under the law and should be allowed to proceed forward. We are pleased that we were able to obtain this result for our client.

The value of a well rounded general practice

2009-08-06T13:16:00.000-07:00

Like many professions, the practice of law has become overly specialized. Many attorneys limit themselves to handling only one area of the law or only certain types of cases. For example, a transactional lawyer may have no experience litigating and thus would have no idea how a judge might resolve a dispute between the parties to a real estate transaction. A full time litigator may have no idea how to amicably resolve matters without the input (and expense) of appearing before a judge and may shun methods of alternative dispute resolution such as mediation or arbitration.
The failure to be well rounded and to have experience in multiple areas of the law can often be detrimental to the client. Our lawyers have nearly 40 years of combined civil practice in transactional work, litigation and conflict resolution. We can often handle overlaps between such issues as family law, real estate and business law with ease and with a minimum amount of expense. On those occasions when we are asked to address areas of the law such as criminal matters or bankruptcy, we know not to bite off more than we can chew and can refer our clients to competent practitioners in those areas.
It is often best to stay away from those lawyers whose practices are overly specialized. One should also avoid lawyers who have little to no experience with the type of case you need handled. We are always willing to listen to prospective clients about potential new cases and whether we might be able to assist them. Feel free to contact us at any time to see if we might be a match.

Property Tax Foreclosures are up too

2009-07-30T14:59:00.000-07:00

The news has been filled with many stories the past few years about mortgage foreclosures and their effect on families and the economy. Less well known but equally significant is the number of property tax foreclosures taking place.
In Illinois, your property taxes will be sold at an auction if they go unpaid. The successful bidder receives a certificate which becomes a lien on the property superior to almost all other liens. After a period of time set by statute, the certificate holder may petition the court to take over ownership of the property if the delinquent taxes, late fees, interest and penalties are not paid.
Our firm represents many tax buyers in the Chicago area. We also represent property owners to try and help them prevent the loss of their property or, in some cases, to receive compensation if they lose their home.
The tax sale process is very complicated and many lawyers do not have a full grasp of how it works. If you need assistance resolving any matters relating to delinquent property taxes, the tax sale process or property tax foreclosures, do not hesitate to contact us.

What is a land trust?

2009-07-24T11:27:00.000-07:00

A land trust is an arrangement whereby both legal and equitable title to land is held by a trustee (often a bank or trust company) and the interest of the beneficiary is personal property. A land trust agreement explains the rights and responsibilities of the land trustee and beneficiary. The beneficiary or any person designated in writing by the beneficiary has the power to direct the land trustee regarding the title, management, mortgaging and other ownership rights of the land. The beneficiary is also entitled to collect rent, make improvements, and receive the proceeds of the sale of the land.
Land trusts are often used as an estate planning vehicle to make the transition of ownership easier upon the death or disability of the beneficiary. They can also be used to disguise true ownership from the general public. Structured properly, only the name of the land trustee will be of public record. The names and interests of the beneficiaries are often not readily available to prying eyes.
If you have any questions about how land trusts work or if a land trust might benefit you, feel free to contact our real estate lawyers.

Forcing the sale of jointly owned property

2009-07-08T11:48:00.000-07:00

What can do you do when your relationship with the joint owner of your real estate sours and it is no longer practical to continue owning the property? In Illinois, either party has the right to seek a partition. This means they can force the sale of the property. The statute provides for a sale through a court ordered public auction but the parties often agree to a more profitable private sale through a real estate broker. Once a buyer is found, the courts, or the parties through a negotiated settlement, will resolve distribution of the net proceeds. The distribution does not have to be in direct proportion to the party's legal title. Instead, the courts consider the following factors: the amount paid by each party for the down payment at the time of purchase; each party's respective contributions to mortgage interest, property taxes, insurance, utilities and maintenance; and who had occupancy and possession of the property and for what time periods. Partition actions are most common among those who were dating but not married or among family members who no longer get along. If you are having a problem with the other owner(s) of your property, you need a real estate lawyer to protect your interests and to make sure you receive all to which you are entitled. Feel free to contact us for further information.

Congratulations to all our local graduates

2009-06-05T11:50:00.000-07:00

College, high school and grade school graduations are occurring regularly at this time of year. We want to congratulate all these students on their accomplishments. It is always very exciting to close one door and open a new one. Do not let all the bleak economic and world news sour your attitude. Great opportunities and fulfilling life's work are out there in abundance if you only seek it. Take the time, while you can, to celebrate your achievement and be of good cheer as you move into your new endeavors.

Cutting Our Government's Budget Should Be Easy

2009-05-28T12:29:00.000-07:00

We are all constantly reminded of the economic troubles our world is facing. Taxpayers have lower earnings resulting in smaller tax payments to the government. In the State of Illinois and elsewhere, some politicians simply suggest raising tax rates so that they will not have to cut their already bloated budgets. The simple fact is that all governments (federal, state and local) are wasteful and inefficient. One example: many libraries now offer free access to DVD's and video games. When did it become society's forced obligation to fund free entertainment for those too cheap to buy their own? Were libraries really created for this purpose? Seems to me that libraries are becoming obsolete by virtue of the large amounts of research material available online. One might suggest that the libraries have expanded their offerings to encompass more entertainment options not in furtherance of their mission but instead to perpetuate their own existence and the jobs of those who work there. This unnecessary spending is just one of many examples of government becoming too big for its own good. Before any politician dare ask us for more money (we already work 4-1/2 months of every year just to pay taxes), we must insist that they eliminate waste, inefficiency and unnecessary services just as many private enterprises have already done.

We need term limits for Illinois legislative leaders

2009-05-15T11:17:00.000-07:00

One of the many reform proposals floating around Springfield these days pertains to term limits for legislative leaders. In all matters of significance, including the budget, designated members of each political party handle the bulk of the negotiations to the exclusion of the rank and file. For example, Michael Madigan has been the leader of the House Democrats for many, many years. How many times has he appeared on your ballot? I know he has never been on mine because I don't live in his district. The party leaders in the House and Senate hold enormous sway over legislative matters which affect all of us. Yet they are accountable only to their political parties and not to much of the electorate over whom they hold such control. I believe that party leaders in both houses of the General Assembly should be limited to one legislative session each. This will help reduce certain elected officials being significantly more powerful than others. It will also help instill confidence in the public that their interests are being placed ahead of those of party officials. Contact your state representative and state senator today to let them know if you agree.

More Government Reforms Are Needed

2009-05-04T12:06:00.000-07:00

Recently a reform commission created to recommend improvements to the way state government is run came up with 34 proposals. http://www.dailyherald.com/story/?id=289886&src=109 Ideas like term limits and restrictions on the size and type of campaign contributions have been around for a while but never implemented. In the wake of our recent gubernatorial foibles, let's hope these proposals are finally given serious consideration. Ideas like more open reporting of campaign receipts and expenditures and providing more information to the public and media about state contracts are relatively new but very welcome. Ultimately the people get the government they deserve. For too long we have stood by quietly while our government became an aristocracy run by powerful but often unaccountable and unscrupulous individuals. With both private commissions and government panels coming up with reform ideas, we must continue to press for changes that will help end corruption and remove the influence of big money from politics. It is time for our government officials to put the interests of those they represent ahead of their own self interests.

Another Appellate Court Victory

2009-04-17T14:52:00.000-07:00

Our firm recently won an appellate court matter involving the sale and foreclosure of a delinquent real estate tax certificate. The trial court had ruled that the owner of a commercial property should be allowed additional time to redeem his delinquent taxes beyond the strict time periods set forth by Illinois statutes. Our firm successfully argued that the statutory time frames could not be extended except in cases where the property order justifiably relied upon an error by a government official. In this case, the property owner did not pay what he owed because he believed the estimate of redemption to be for an incorrect amount. We were able to get the trial court decision reversed by convincing the court that it was the property owner and not the county clerk's office that was mistaken. This case will provide future guidance to attorneys and litigants dealing with problems which arise when a last minute redemption is attempted and fails. Our firm is one of only a very few in Northern Illinois with experience in property tax foreclosures. We represent tax buyers, property owners and others who have an interest in tax delinquent real estate. If you are in need of assistance in such matters, do not hesitate to contact us.

In Favor of Extending Route 53

2009-03-18T15:12:00.000-07:00

On April 7th, Lake County voters will be presented with an advisory referendum on whether to extend Route 53 from Buffalo Grove to Route 120 and on to Waukegan. I for one support this initiative. East-west travel in central Lake County can be a disaster. Although our government often has funds available to waste on unnecessary and inefficient programs, it can and should be responsible for providing adequate roads and infrastructure. Much of the positive growth in our county can be attributed to the development of the Illinois tollway. An east-west companion to that north-south route can only result in more and better businesses, jobs and positive development opportunities in our community. The selfish attitudes of the "not in my back yard" community should not continue defeating the greater good. Besides, everyone has known for years where the proposed expansion would run. Their complaints sound like those who move near the airport and complain that it's too loud. Vote yes on April 7th. Maybe a positive result will finally result in this long needed project getting off the ground.

Ballot access should be easier

2009-02-26T14:53:00.000-08:00

We make it too hard for candidates to get their names on ballots. The omnipotent leaders of our two parties have manipulated the rules to favor their candidates. They require an onerous number of voter signatures on petitions. Getting the signatures on the petitions is easy for the Democrats and Republicans since they can afford to pay people to get them. Independents and those who have not sucked up to the leaders of the big two struggle with this process. Irregularities in the forms used or in the signatures obtained lead to challenges, usually by party higher ups who do not want the competition. Best of all, the challenges are heard by elected officials. Although the members of these boards may not be direct competitors of the prospective candidates, they are often allied with those who are opposing the challenged candidate. (And we wonder why this state is filled with graft and corruption) I say allow anyone on the ballot who wants to be on it. If we insist on petitions being submitted, reduce the number of required signatures significantly. When the petitions are challenged, let an independent arbiter hear the case instead of elected officials with a vested interest. Our two party system has failed miserably, resulting in exorbitant tax rates and unethical elected officials everywhere. We need true democracy. Voters are intelligent enough to chose between more than just a few candidates for any given office.

The value of service to others

2009-02-20T12:56:00.000-08:00

When people perceive their budgets to be tight, one of the first discretionary spending items they cut back on or eliminate are donations to charity. We often feel the need to help ourselves before we help others. Consider that your favorite non-profit organizations likely needs its supporters now more than ever. If the funds you might normally contribute are not available, consider donating your time and talent instead. Service to others can be a life affirming process. Many people get more gratification from their volunteer efforts than they get from their "regular" jobs. At a time when many are feeling down on their luck, try to make more time to help those in need. You will be glad you did.

The Illinois GOP is an Aristocracy

2009-02-13T11:32:00.000-08:00

The Illinois Republican Party's Central Committee met this week and enacted some changes to their policies and procedures. Most galling is a decision to minimize the need for primaries. The elite members of the party have decided that primaries are an unnecessary waste of resources which drain almighty campaign funds needed for general elections. From this point forward, unelected and unaccountable "party leaders" will name their favorite candidate for any office that is coming up for election. Only the anointed will receive the party's support. The apparent hope is to quash the campaigns of those who have not genuflected at the feet of the chosen few. In a state which has been severely tarnished by corruption, much of it related to insider politics and a blood lust for campaign cash, this development should offend all voters. What Illinois needs now is more democracy, not less. Why is the GOP afraid of opening up the primary to as many candidates as possible? Do they think we voters cannot be trusted to select the most qualified candidate, regardless of who his political benefactors and donors might be? The two party system has lead to exorbitant tax rates, near socialism and a disenfranchisement of voters. Shame on Andrew McKenna and all the other political power brokers who are so willing to silence the taxpayers in their never ending search for more and more power.

How hard is it to pay your taxes?

2009-02-06T14:38:00.001-08:00

It seems that those who are seeking to take billions of taxpayer dollars and redistribute them to those they consider most worthy do not feel the need to contribute their own funds to the pot. Several cabinet nominees withdrew their candidacies after it was disclosed they failed to pay all of their taxes. The new head of the treasury department, and thus in charge of the same IRS we are all forced to pay, conveniently ignored some of his tax obligations for several years. Sorry folks but it ain't that complicated. Report ALL of your income. Everyone knows how much they have been paid and what revenues were generated by their assets. Track all of your expenses. How hard is it to keep canceled checks and receipts? Hire a tax professional, especially if you itemize deductions. A good one will save you a lot more money than you pay for the service. It is baffling that all these government big shots cannot follow these simple practices. Perhaps all that time in D.C. in a position of influence and power makes one feel as though they are immune from the rules they force upon us "regular people". I suggest one simple rule: if you don't pay what you owe (on time, not after you get caught), you never get to work for the government. Considering these delinquents have avoided any criminal prosecution or jail time, it hardly seems like much of a punishment to be demoted from the Washington elite to a "regular person."

The role of a guardian ad litem or child representative

2009-01-30T09:41:00.000-08:00

In adoption matters and cases involving disputed child custody, Illinois courts will often appoint a guardian ad litem. The "GAL" acts as an advisor to the judge and normally prepares a report and recommendations as to how to proceed. This usually involves interviewing the child, the birth parents and/or step parents or other custodial adult. The GAL tries to obtain as much relevant information as possible to determine the best interests of the child and the best place for him or her to reside. A judge is free to accept or reject the GAL's recommendations but they are often quite persuasive. June Peterson-Gleason is on the list of approved GALs in Lake County, Illinois and is often appointed by the court to serve in this role. Her experience as an advocate for children gives her a unique perspective on what courts are looking for in determining who is the best custodial adult. Her knowledge in this area can be an invaluable resource in resolving divorce and child custody disputes. Feel free to contact her for more information.

A new real estate market

2009-01-09T14:43:00.001-08:00

News from local lenders and title companies is that the number of mortgage refinances has increased significantly in recent days. With a little luck, this new access to borrowing will be a precursor to a rebound in the buy/sell market. With inventory high, prices low and interest rates very low, wise individuals are looking for opportunities to buy. Now more than ever, good legal counsel is a must. Purchasing REO or bank owned foreclosure properties is very different than buying from a non-institutional seller. Banks write their contracts to be very friendly to their interests and to minimize their closing costs. Also widely available these days are "short sale" properties. This means the seller will not net sufficient funds from the sale to pay the full amount due to their lender(s). These transactions have their own hazards and pitfalls. Gone are the days of simple closings that can take place in a matter of days. Buyers need legal counsel who have dealt with these situations before and can advise you what to expect. Do not hesitate to contact us if you are planning to buy real estate any time in the near future.

Happy New Year to All!

2008-12-31T07:19:00.001-08:00

In many ways, it is good to have 2008 in the rear view mirror. While the economy and other factors presented many challenges, I have to believe we will all be stronger for having survived it. Tough times have forced us to become more efficient and more cost conscious. When things bounce back, and they will, our bottom lines will improve and we will all be better prepared for the future. That said, let's not focus on what is bad and instead remember all of the many blessings we have. Be of good cheer and relish the great new opportunities that 2009 will bring.

Massive reform is needed in Illinois government

2008-12-11T14:45:00.000-08:00

This week we confirmed that our current governor is a criminal. He has engaged in a scheme of corruption and paybacks that, although not surprising, has been revealed on an unprecedented level. This makes four out of our last seven governors felons. At some point, it is time to stop blaming only the players and instead look to whether our entire system of government needs an overhaul.

Last month, voters in Illinois had an opportunity to vote for a constitutional convention that could have lead to creation of a new constitution. Since a large majority voted against the convention, one must assume that not a lot of thought was given to the issue by the electorate. The issue received very little attention as the members of the elite media and higher ranking political circles gave it very little publicity. This only makes sense as those people all have an interest in maintaining the status quo. The fact is that the Illinois Constitution created in the early 1970's has been a miserable failure.

Our system has allowed the thirst for campaign money to overwhelm all else. The dishonorable felons Ryan and Blagojevich committed their misdeeds in the quest for millions of dollars necessary to finance their campaigns for higher office under our current system. Would pay for play and the under the table sale of government services have been necessary if a candidate for office did not need such huge sums to be viable? If we had a constitution that banned all political contributions and the existence of professional lobbyists, corruption and greed would go away. Then and only then would our public servants truly exist to serve the public and not themselves.

What about term limits? How about limiting each person to holding one public office in their lifetime? Such limitations would give us leaders who are truly committed to good government, are at the point in their lives that they can sacrifice a few years for the good of the general public and who are not always looking ahead to the next election cycle.

Where does our constitution say that we can only have two viable political parties? Why are the leaders of those parties allowed to create rules to stifle competition, individual voices and ballot access? Let's create a constitution that bans political parties and allows our elected representatives to do what is best for their constituencies instead of always being beholden to their parties and their leadership.

Drastic problems call for drastic measures. Those who fail to learn from the past are doomed to repeat it. It's time for a massive reform of our state government. If anything good is to come out of the latest gubernatorial foibles, let's hope its a change in the system, not just a new set of players trying to figure out another way to personally profit from public service.

In favor of a Waukegan casino

2008-12-05T13:46:00.001-08:00

Having lived in or worked in Waukegan most of my life, I fully support the state's last open casino license being granted to the City. This rust belt town has long felt the loss of industry, retail, entertainment and dining that resulted from much of the City's residents relocating further west. Efforts to revitalize the downtown area, while slow, have had success. The revitalization of the former Lakehurst site to date has been impressive and will only be helped by a casino. I have seen first hand how casinos have improved run down cities like Joliet, Elgin and Rock Island. Waukegan has been as down on its luck as any of those towns. Yes, allowing gambling will cause some problems for the irresponsible. But the harms it may create are far outweighed by the benefits it will provide. Let's hope that the corruption that has surrounded this license and the City of Rosemont does not exist this time and that Waukegan finally gets what it has long deserved.

Happy Thanksgiving

2008-11-26T12:57:00.000-08:00

While much of the news today is very negative and pessimistic, we have much to be thankful for. Family, friends, co-workers, clients and vendors have all done so much to make our lives better. When reflecting on this past year, try to remember all that was right instead of what went wrong. The good Lord is looking out for all of us and has provided many blessings. Recognize them and look to the future with much cheer.

Government is not the solution to every problem

2008-11-14T10:27:00.001-08:00

When did we decide that the federal government, and our tax money, is the solution to all problems regardless of their cause? Washington is frantically trying to spend our money to save certain financial institutions. Of course only a chosen few get the bailout. Those less well connected to the elite are allowed to die. Now the credit card companies and auto manufacturers have their hands out. With the election of a new president and new Congress, local governments and other industries are begging for more giveaways. It seems as though personal responsibility and free markets no longer matter. We are on a dangerous path when we expect officials who were elected largely as the result of financial assistance from those seeking help get to decide who gets the bailouts and who does not. If we simply stopped viewing big government as the solution to every problem we would all be better off. Yes we need change to improve the current economy. Providing more and bigger government is what caused our issues in the first place. Prescribing more of the same is not the solution.

Vote No on All Tax Referendums

2008-10-31T12:16:00.000-07:00

On Tuesday, every ballot distributed here in Lake County will have at least one tax increase referendum on it. I encourage a No vote regardless of the taxing district involved or the reasons given for the proposed increase. To me, voting yes is admitting that that tax body is not already taking enough of your money. Virtually every government agency has bloat, waste and inefficiency, some more than others. In these economic times, large and small private businesses alike are cutting expenses and overhead. Government, the single largest employer in the United States, needs to do the same. Don't bow to the threats of service cuts. Don't buy the promises that your money will be used wisely. Make the government accountable by cutting down to the bare bones, just like the rest of us, before you allow them to feed at the taxpayer trough again. We shouldn't have to work 4-1/2 months every year just to feed the monster.

Grounds for Divorce in Illinois

2008-10-24T12:58:00.000-07:00

Either spouse can get a divorce simply by stating that irreconcilable differences have caused a breakdown in the marriage and that the two parties have been separated for at least two years. If both spouses are in agreement that there should be a divorce, they can agree in writing that the marriage can be ended after only six months' separation.
If the spouses have been separated less than two years and aren't in agreement that a divorce should occur, the spouse wanting the divorce must prove one of the following grounds for divorce:
- Impotence of the other spouse
- The spouse had another spouse living at the time of marriage, or has committed adultery or deserted the spouse wanting the divorce
- The spouse has attempted to kill the spouse wanting the divorce by poisoning or other malicious means
- Extreme and repeated mental or physical cruelty
- Conviction of a felony or an infamous crime
- Infection of the spouse with a sexually transmitted disease
- Excessive use of addictive drugs for two or more years

If you would like to know whether you have proper grounds to seek a divorce, contact our family law attorney today.

In favor of updating the Illinois constitution

2008-10-14T12:37:00.000-07:00

One of the questions on our November 4th ballots will be whether Illinois should hold another constitutional convention. Such a convention would allow for modifications to the current constitution or the drafting of an entirely new document. I feel that such a convention is not only advisable but necessary. Our state has seen a run of high level leadership being indicted, convicted and investigated. Special interests and big money control too much of the decision making. This has resulted in inadequate roads, infrastructure and public schools and a very poor return on the large number of tax dollars we have been forced to invest. Any system which allows and perpetuates such failure should not be tolerated. When it is nearly impossible to remove the elite from power, the rules have to be changed. Regrettably, the current leadership will have a great deal of control over a constitutional convention if it takes place. However, demanding new rules and a new system might be the only way to improve the poor political climate that now exists. Too many of our elected officials forget that they are public servants and not servants of themselves and their friends. Vote yes on November 4th.

Always have legal counsel for real estate transactions

2008-10-03T13:58:00.000-07:00

In the current down market, opportunists seeking to prey on those who are struggling with their mortgage obligations are rampant. In all too many cases, a homeowner's first contact with legal counsel comes too late to prevent some or all of the harm inflicted by the unethical. Beware those who send solicitations promising to save your equity and to keep you in your home. All too often, they are more interested in taking your equity for themselves and not worrying about your best interests. If you are presented with a contract, deed or any other legal document which affects your home, contact our real estate attorneys to have it reviewed. An ounce of prevention is always better than a pound of cure. If you've already signed documents and discovered that they are not all that was promised, our litigation attorneys can help minimize the damage and try to correct any fraud that might have been perpetrated. For most people, their home is far and away the most valuable asset they own. You need to do whatever you can to legally protect your rights.

Great time to be a sports fan

2008-09-12T10:39:00.000-07:00

Practicing law can be very time consuming and stressful. It is important that everyone remember to take some time to relax and enjoy their lives. If you are a fellow fan of Chicago sports, finding some diversions these days ought to be easy. With the White Sox, Cubs and Bears all in first place and playing in meaningful games, life could not be any better. Rejoice in their successes. Feel the disappointment of their losses. And most important, find some people you care about to attend or watch the games with. Moments like these are few and far between. Enjoy them while we have them.

Consider mediation

2008-08-21T13:27:00.000-07:00

Instead of costly, time consuming litigation, clients should consider methods of alternative dispute resolution such as mediation. Mediation is a process where a third-party neutral facilitates the negotiations of two or more parties in achieving a mutually acceptable agreement. Participation is usually voluntary, the results remain confidential and the success rate can be rather high so long as all parties participate in good faith. The mediator provides an unbiased yet experienced point of view to help you evaluate the strengths and weaknesses of your case. Although there is a cost associated with mediation, proper use of the method can avoid the filing of lawsuits, multiple court appearances and expensive discovery. Our firm has a family law mediator on staff and also frequently represents clients at mediation sessions involving other areas of law. Contact us if you wish to consider using mediation to resolve your dispute.

Can I sue the government?

2008-08-11T14:57:00.000-07:00

The Illinois Local Governmental and Governmental Employees Tort Immunity Act exists to protect local government units and public employees from liability for many acts arising from the operation of government. In general, there is no liability for negligent acts or omissions in carrying out the day to day functions of the government. There are exceptions to this rule including for willful or intentional acts, for violations of government contracts and for violations of a municipality’s own ordinances. Every case is unique and must be evaluated on an individual basis. If you believe you have been harmed or wronged by a government employee or official, contact us to discuss your case.

Pursuing the right insurance policy

2008-08-01T06:49:00.000-07:00

If you or your business have sustained personal injury, property damage or other loss as the result of the negligent or wrongful acts of another party, you may choose to pursue a claim for compensation. The reality is that in most cases you will go after not only the wrongdoer but also one or more insurance companies. The interplay among insurers can be very complex which is why you need legal representation. What type of insurance does the tortfeasor have and which of his policies applies to my case? Should I pursue my own insurance company because the party who caused my injury is either uninsured or underinsured? Should I first seek reimbursement from my own insurer before pursuing the negligent party? What rights does my insurer have in those instances? Our attorneys have wide knowledge of the different types of insurance coverage that are available and which might apply to the facts of your case. We can help you work through what is often a very complicated maze of rights, claims and responsibilities among the parties and their insurers. If you have sustained damage as the result of the wrongful or negligent acts of another, feel free to contact us to discuss the best way to pursue your claim and to determine what insurance might be available to compensate you.

What ever happened to personal responsibility?

2008-07-22T12:24:00.000-07:00

The news lately has been filled with stories of government bailouts of private banks and government sponsored mortgage giants Fannie Mae and Freddie Mac. Rarely do they mention that it is the taxpayer, i.e you and me, who are footing the bill for the failures of these institutions. Not so long ago, these lenders engaged in reckless behavior by allowing bad loans in exchange for huge profits and fees. Many involved in the real estate market like lawyers, realtors and title insurance companies saw these failures coming but could do little to stop them. Why aren't those who made the huge profits being called to task? They took the big risks. They shouldn't expect to only reap the rewards without also taking the hit when their dangerous acts come full circle. Those of us who behaved responsibly and who did not get in over our heads should resent being forced to bail out the speculators and the gold diggers. Let our failing economy punish only those who deserve it, not the majority of us who behaved like responsible citizens.

Child custody

2008-07-16T12:02:00.000-07:00

Child custody refers to who has the right to make decisions about the child regarding such things as education, religion, medical issues, and discipline as well as where the child will live. With sole custody, one parent has legal and physical custody of the child. In a joint custody arrangement, both parents share legal and/or physical child custody as agreed in a settlement or as determined by the court. If the parents cannot agree on a child custody arrangement, the court will likely appoint a guardian ad litem to assist it in making a decision based on the best interests of the child. June Peterson-Gleason is regularly appointed as a guardian ad litem in Lake County, Illinois cases. Besides giving her the opportunity to assist the children she is appointed to evaluate, these assignments give June a unique perspective on which factors are most important to the courts in determining who should have custody and to what extent. Contact her to discuss your particular situation.

How do contingency fees work?

2008-07-08T10:34:00.000-07:00

Many lawyers take cases, including personal injury and other matters, on what's called a "contingency fee basis." The client is not required to pay any attorney's fees until they recover against the Defendant or their insurance company. If there is no recovery in the case, the lawyer will not charge any attorney's fees. The lawyer is taking a risk by hoping to receive a higher fee than they might otherwise receive balanced against the possibility that they may not get any compensation for their services.
The exact contingency percentage charged varies from case to case. Percentages also sometime vary according to how much of a collection risk the lawyer perceives. Failing to find a lawyer to take your claim on a contingency fee basis may be a sign that you do not have a very good case.
There are typically expenses which must be incurred in pursuing a case. These include copies of police reports and medical records, court reporter fees, court filing fees and investigator charges. Most lawyers will advance these costs but expect you to repay them at the time of final settlement. If your case in unsuccessful, you may be required to repay the expenses advanced by your lawyer.
Many cases require the use of expert witnesses. Experts cannot work on a contingency fee basis. Payment for the expert's costs and fees must be worked out between you and your attorney.
Our lawyers evaluate each individual case and can work with you to determine whether a contingency fee, an hourly fee or a flat rate is appropriate. Feel free to contact us to discuss your case.

Best Wishes to Lori Weiss Berdenis

2008-07-01T12:49:00.001-07:00

Due to the severe downturn in the real estate market and the general economy, our firm has been forced to reduce staff. Lori Weiss Berdenis will be leaving us after seven years of service. As an associate attorney, she handled a wide variety of cases including real estate closings, civil litigation, family law matters, estate planning and probate, landlord/tenant law, personal injury and business law. We wish Lori the best in her future endeavors. She will be missed.

Bad weather can breed opportunists

2008-06-23T14:17:00.000-07:00

Heavy snowfall followed by frequent spring rains have resulted in flooding problems throughout the Chicago area. The high demand for contractors capable of repairing water damage can result in some unscrupulous people seeking to take advantage of the situation. Some simple tips to protect yourself: Beware those companies that contact you directly rather than waiting for you to contact them. Make sure the contractor is licensed, bonded and insured. Ask for references. Our firm can assist you in checking for judgments, liens, prior bankruptcies and defalcations by the company or its principals. Make sure the contractor is aware of and complies with the Illinois Home Repair and Remodeling Act, including giving you a right to cancel the contract within 3 business days. Pay as little up front as possible and never pay the full contract price before work begins. And when all else fails, our lawyers can help you pursue reimbursement from the contractor for substandard or incomplete work. Feel free to contact us if you need assistance.

Beware discounted real estate attorneys

2008-06-06T07:53:00.000-07:00

With the downturn in the real estate market, competition among lawyers to handle residential closings has increased. Some attorneys are offering to handle the transaction for "only" $100-$200. What they often fail to fully explain to their clients is that they are not making less money by discounting their fees. Most real estate lawyers in Illinois are title insurance agents. Reputable attorneys provide core title services, such as a comprehensive title examination, in exchange for receiving a portion of the title insurance premium paid by both the seller and the buyer. Many of these "discount" lawyers inflate the title insurance premium to make up for the lower attorney's fees they advertise. Federal law requires attorneys to disclose their financial relationship with title insurers. The client has the right to choose the title company and to question the fees being charged. We are aware of more than one law firm that is subject to disciplinary action for failure to make these disclosures and to be fair and honest with their clients when charging for title insurance. Our firm is an agent for North American Title Company and Transnation Title Insurance Company. The title insurance premium charged to our clients is always at or below market rates. We are certain to comply with state and federal standards for us to be compensated as title insurance agents. Feel free to contact us if you have any questions about attorney's fees and title insurance charges.

Choose your business entity wisely

2008-05-23T12:47:00.000-07:00

A large number of our firm's clients are small to mid-size business owners. Those with an entrepreneurial spirit understand the need to have proper legal counsel when it comes to choosing a type of business entity and meeting all the legal requirements to keep that entity in place and providing legal protections as the business moves forward. Every situation is unique. Your choices are wide and varied: incorporation, partnership, limited liability company, d/b/a. If you are starting a business or even if you have an ongoing concern, you need to evaluate the best entity for your situation. Our business attorneys can explain to you the benefits and the detriments of each type of business. Feel free to contact us to discuss your situation.

Kudos to Lake County Government

2008-05-12T14:24:00.000-07:00

I recently had the misfortune of performing what I thought was the rather simple task of recording a deed in the City of Chicago. In order to accomplish this transfer of private property, I had to visit no less than four government offices spread out over an eight block area. Each office charged a fee or tax and at least ten people were needed to complete different phases of the task. This rampant inefficiency and money grabbing does not occur here in Lake County. For the most part, our County officials and employees are competent, pleasant and efficient. Tasks that take hours in other counties take minutes here. Costs are significantly lower here too. While no operation is perfect, we should be grateful that the government here in Lake County does a much better job serving the taxpayers than they do in other nearby counties.

Make estate planning part of your spring cleaning

2008-04-25T13:23:00.000-07:00

Now that this long, hard winter is finally over, many of us have begun our spring projects. House cleaning, gardening and getting one's golf game in shape are spring rituals many of us look forward to every year. In this season of renewal, now is a good time to look at your estate plan. Do you even have a will and other documents necessary to protect your assets in the event of death or disability? If so, when was the last time you updated them? Have your needs, wishes and/or assets changed since the last time you completed this process? Many of our clients are surprised at some of the decisions they made many years ago. Reviewing their estate plans makes them realize how much their lives have changed. Make examining your estate plan one of your spring projects. Our attorneys are always available to answer your questions and to help you achieve your goals.

Are you receiving the proper amount of child support?

2008-04-14T14:36:00.000-07:00

In Illinois, supporting a minor/dependant child is an obligation of both parents. Generally speaking, the parent with residential care of a child is supporting the child by providing shelter, food, clothing, schooling, medical and related needs for the child. The parent with whom the child visits pays a percentage of his or her income to the residential parent toward the support of the child. In Illinois, the legislature has set forth a minimum statutory guideline for payment of child support based upon the number of children a couple is supporting. A court may deviate above or below these guidelines upon the showing of a need for such a deviation. If you are unsure whether the proper amount is being paid, feel free to contact our experienced family law attorneys.

Committed to pro bono work

2008-04-02T13:05:00.000-07:00

The attorneys in our firm regularly perform pro bono, or free, legal work. Recently we have had the privilege of working with Carmel Catholic High School, The Wishing Star Theatre and the Volunteer Lawyers Program of Prairie State Legal Services. Volunteering with these non-profit organizations is among the most rewarding work we do. The level of commitment to their mission and the professionalism we see are truly amazing. Recently there has been talk of mandating a fixed amount of pro bono hours for all Illinois attorneys. We will continue to seek and accept opportunities to assist worthy individuals and organizations regardless of whether these requirements become law.

Happy Easter to All!

2008-03-21T09:52:00.000-07:00

Easter is a time of renewal, a time to count our blessings and a time to reflect on all that is good in this world. As we celebrate this holiday and look forward to the coming of spring, we wish to thank all of our clients and colleagues who have done so much for us. Enjoy this time with your family and friends.

What to do if you are involved in a motor vehicle accident

2008-03-14T11:45:00.000-07:00