CONTACT:CHRIS RUYS COMMUNICATIONS, INC.
Chris Ruys (312) 337-7746
E-mail: chrisr7746@aol.com
ISBA Series: ‘The Law Serves You'
December 2004
How lawyers determine fees for their services
Abraham Lincoln, himself a lawyer, once said, "A lawyer's time and advice are his stock in trade."
Clients are often unaware that the advice given them in a few minutes, or the three-page document drawn for them, is the product of many, many hours of study, work and meetings. A majority of the work performed, in fact, happens when the client is not present.
In determining a reasonable fee for services, a lawyer is bound by a professional code of ethics. Factors they consider are as follows:
Before hiring an attorney, a person should feel free to ask how the attorney charges and what the anticipated total cost will be for the service performed. In most cases, the client should expect to receive an itemized statement or statements which indicate the number of hours that the lawyer spent on the case and a description of expenses for the work performed. If the lawyer is working on a fixed fee or contingency fee basis, the statement normally would not include hours spent on the matter but may include expenses.
For further information about law-related issues, contact an Illinois State Bar Association-member lawyer in your area or visit www.illinoislawyerfinder.com.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations. Consult your lawyer if you have questions about the application of the law in a particular case.
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CONTACT:CHRIS RUYS COMMUNICATIONS, INC.
Chris Ruys (312) 337-7746
E-mail: chrisr7746@aol.com
ISBA Series: ‘The Law Serves You'
December 2004
Online divorce forms may not be the best choice
Several for-profit Web sites now offer fill-in-the-blank divorce court forms for so-called "simple" divorces. These sites claim to provide the necessary paperwork for people to represent themselves "pro se" when getting a "simple" divorce.
They suggest using the forms as a way to circumvent using a qualified divorce attorney. However, the claims that they make are often misleading, and these forms should be used with caution, if at all.
One of the problems with online divorce forms is that most sites offer a one-size-fits-all approach to divorces. Although some forms have options for different situations, overall, they tend to be generic and provide no individual attention or deal with the emotional and family problems involved in divorce. This is particularly troublesome when there are children and custody issues involved.
As any experienced divorce lawyer can tell you, divorces are like fingerprints because no two are alike, even though they have common issues. Further, online services do not provide any protection to parties who are being overreached by the opposite party. Overreaching and unfair domination occurs with regularity. Online anonymity facilitates such overreaching in those cases where a dominant party wants out cheap or wants an unfair share of the marital assets and exerts excessive control over the other party to get them.
The forms also tend not to take into account local variations that individual counties have with regard to their support forms and case procedures so the court then has to deal with the problems of non-compliance.
Ironically, a joint simplified dissolution procedure has been available in Illinois since January 1, 1994. The fill-in-the-blank forms are available at many courthouses. This is a viable, low-cost option for the truly simple cases that qualify for the use of the simplified procedure.
It is important that one understands the subtle differences between simply filling out the court forms from obtaining proper legal advice with individual attention to the parties' situation. The individual advice given by an attorney can prevent or minimize possible future problems as the children's or parents' needs change, and as visitation and support needs to be adjusted from time to time.
For further information about law-related issues, contact an Illinois State Bar Association-member lawyer in your area or visit www.illinoislawyerfinder.com.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations. Consult your lawyer if you have questions about the application of the law in a particular case.
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CONTACT:CHRIS RUYS COMMUNICATIONS, INC.
Chris Ruys (312) 337-7746
E-mail: chrisr7746@aol.com
ISBA Series: ‘The Law Serves You'
December 2004
Renters have legal rights as well as obligations
If you are renting an apartment, house or mobile home, you should know your rights and obligations as a tenant.
In general, a tenant has the right to a safe, livable home, to have the landlord make necessary repairs and to live in the home without interference by the landlord. Also, a tenant cannot be discriminated against because of race, sex, religion or a physical or mental handicap.
Before renting a property, the tenant hopefully will have visited the place, noting its condition and reporting any need for painting, cleaning and repairing. By putting the conditions in writing, the tenant will have proof that he or she did not cause the damage. The landlord is not obligated to repair the damage reported unless it violates health or building codes.
Most tenants will be required to sign a lease, and they should make sure they understand all the terms before signing it. It is advisable to have a lawyer review the lease before signing it. The lease will clarify who pays for what, whether pets and children are allowed, and the like. A tenant is obligated to pay rent on time, take reasonable care of the rental property and pay for any damage incurred by the tenant, including the tenant's family or guests.
If your landlord has agreed to pay for such services as gas, electricity, water or garbage collection, and the landlord failed to make those payments, you may be faced with a choice of termination of the service or paying the bill yourself. A tenant who pays for the services that are specified as the responsibility of the landlord may ask the landlord for reimbursement. Should the landlord refuse to pay, the tenant has the legal right to deduct the payments made from the rent. Only the actual amount paid for those services may be deducted, however.
For a tenant who is planning to move, the rent should be paid in compliance with the lease or rental agreements, and proper notice should be given to the landlord according to the terms of the lease. Tenants have the legal right to remove all of their possessions, including any fixtures that have been installed such as a ceiling fan or light fixture - if they can do so without altering the facility or making a structural change.
For further information about law-related issues, contact an Illinois State Bar Association-member lawyer in your area or visit www.illinoislawyerfinder.com.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations. Consult your lawyer if you have questions about the application of the law in a particular case.
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CONTACT:CHRIS RUYS COMMUNICATIONS, INC.
Chris Ruys (312) 337-7746
E-mail: chrisr7746@aol.com
ISBA Series: ‘The Law Serves You'
December 2004
Members of the military reserve and national guard who face the potential of activation, mobilization and deployment, should consider addressing personal and family issues as the holiday season approaches.
While some may argue that such a joyous period of the year is not the appropriate time to speak about such basic issues such as estate plans, wills, life insurance and powers of attorneys, the holidays are actually an opportune time for family and friends to talk about the future, especially when everyone is at the same location at the same time.
Reserve members who have children or significant assets, holdings or property, should consider having wills prepared. A will is a legal document that disposes of property upon your death. It covers such subjects as the naming of beneficiaries, guardians and personal representatives. Obtaining input from family and friends on these matters can help a service member determine who should receive an item or asset, who could serve as a guardian, and who may be willing and capable of managing the estate as a personal representative.
Power of attorney is no less important for service members, especially if there are responsibilities and obligations that must be fulfilled in their absences. A reservist needs time to consult with individuals prior to granting them such authority. This ensures that the individuals are trustworthy, and it affords the individuals being considered a chance to understand the service member's intentions, wishes and desires.
Finally, life insurance is also a critical issue for reserve service members. The insurance will be more useful if a determination has been made about who the beneficiaries are and how much coverage is needed.
For further information about law-related issues, contact an Illinois State Bar Association-member lawyer in your area or visit www.illinoislawyerfinder.com.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations. Consult your lawyer if you have questions about the application of the law in a particular case.
Service members should discuss future during holidays
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