Why Attorney Fees are an important tool in civil litigation?

Attorney fees are payment of attorney's fees are a critical tool in civil and commercial litigation. Often times, the plaintiff or defendant can not afford the excessive expense of attorney's fees. In many matters, a Plaintiff's attorney simply is patient because he or she understands that the Defendant will eventually run out of money to defend themselves. A lot of Plaintiffs are on contingency payments and therefore, this is a huge asset in favor of the Plaintiff unlike the Defendant.

It is important to negotiate reasonable attorney's fees and costs to be paid in case a contract such as a non-compete agreement are broken. The difference in this provision is the difference in a person deciding to move forward with litigation or stop litigation. After reviewing the merits of the case, the costs of litigation makes it unaffordable to continue.

In conclusion, attorney's fees and evaluating how much an attorney costs is a critical decision and may be the difference between victory and defeat.

Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a Managing Partner of Robertson Law Group, LLC. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.

Counter Claim as an Effective Defense

Today, I got the good news that one of my cases got settled simply for no money. One of my defendants was sued by a company outside of Illinois. My client hired Robertson Law Group, LLC and we filed a counter claim against the Plantiff, which is a business outside of the state of Illinois.

The Plaintiff's attorney withdrew from legal representation because the counterclaim made Plaintiff's collection case worthless. Due to our counter claims, the company outside of Illinois had to hire an attorney to represent its' interest. The Plaintiff decided to settle the matter and dismiss the counter claim because the costs of attorney's fees and costs would make this matter unworth it to pursue litigation.

My basic point a counter claim is an effective defense strategy against a Plaintiff. A Plaintiff should be careful prior to pursuing litigation to make sure their assets are properly protected. Often times, a Defendant wants to counter sue the PLaintiff. Therefore, a counter suit is an effective and good strategy in trying to decrease the value of any settlement or claim.

Sean Robertson is an asset protection and litigation attorney with extensive experience representing business owners that are being sued by a vendor or collection attorney. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.

5 Liability Tips for Defendants

In this blog, I will discuss 5 liability tips for Defendants facing civil or commercial litigation risks.

The first liability tip is respond in a timely manner to a complaint or lawsuit. One has thirty days to file an answer or otherwise plead in a civil or commercial litigation matter. If an answer goes unfilled, the Plaintiff will file a Motion for Default Judgment. A Motion for Default Judgment can be avoided simply by attending court. If you get a default judgment or otherwise known as ex parte default judgment against you, you have thirty (30) days or less to file a Petition to Vacate the Default Judgment in Illinois. After 30 days, a Petition under 2-1401 may be filed but it is more difficult to be awarded for a Defendant. The key tip is be responsible and respond to your lawsuit or remedy your situation quickly if you fail to show up for court.

The second liability tip is understand whether you have the capacity to handle the matter for youself. Any matter greater than $5,000, probably should be handled by an attorney. In selecting an attorney make sure the attorney has the sufficient level of expertise and is cost-effective. Many civil and commercial litigation attorneys are too expensive and they simply withdraw from legal representation after a few court visits.

The third liability tip is be organized with your documents. This saves you money and enables your attorney to assist you. Ofen times, discovery requests for information is required within 30 days and it is difficult to obtain because Defendant often times has multiple priorities in their life.

The fourth liability tip is be prepared for a counter suit prior to filing
of your lawsuit. Your assets such as your primary residence should be protected against liens and judgments. For example, one of my clients got a $1.6 million judgment against him because he sued his former business partners. Be prepared to be counter sued because it is an effective trial and litigation strategy.

The fifth liability tip is understand whether it is better to fight the lawsuit or complaint or attempt to settle the matter for a percentage of what is owed. Defendants get the best offers when they pay one lump sum to settle a lawsuit. Payment in multiple payments is possible, but it is difficult to settle a case for less than full value with this strategy.

Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a member of the Chicago Bar Association, Cook County Bar Association, and Illinois State Bar Association. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.

Landlord Tenant

Today I met with a landlord that had several basic questions about being a landlord. First, this gentleman named "Ed" had a property in a near Western Suburb in Cook County and lives in the Western Suburbs. The first mistake, Ed, made was using a generic real estate leasing form bought online. This was a mistake in his case because he wants to sue a tenant for breach of contract due to non-payment of rent that resides in a different state other than Illinois. This is important because a standard Cook County or Chicago Association of Realtor's Lease has a provision, which mandates that Circuit Court of Cook County is the choice of jurisdiction. Thus, in his case, Ed has limited options of collecting his back owed rent.

Ed's second question was how to approach a tenant that pays their late. Ed noticed that his tenant paid their rent around twenty days late and therefore, Ed thought that if he changed the rent due date to the 20th of the Month, it would solve the lateness of rent payments. This was a mistake because the tenant just paid 15 to 20 days late from the new due date. Thus, Ed needed to train the tenant that paying Ed is a priority. This could be done by delivering a five day notice to the tenant when they fail to pay rent in a timely manner (after 10 days late). If the tenant does not pay, then Ed should file a landlord/tenant eviction case. The damages should include attorney's fees and costs along with the outstanding rent.

The third question Ed had was how to approach a tenant that has two to three months left on their lease when their rent is past due by a significant time frame. A serious concern is a tenant deciding to withhold paying monthly rent and having the landlord use the security deposit as the last month's rent. Most real estate leases have a written provision against this but most tenants do not care especially if they are moving out after the term of their rental agreement. The second advice to Ed was provide at least thirty (30) day notice to the tenants that Ed is not renewing the lease. The third advice to Ed was mail the clients a letter of his concerns with me editing the letter. This is important because a letter from an attorney sends a strong message and a tenant should not be scared into non-payment of rent. If the letter is not careful, the tenant will determine that it is in their best interests to save their money for a new place. This causes problems for a Cook County landlord because the eviction process along with the Sheriff eviction process can take three to six months from beginning to close.

Sean Robertson is a litigation attorney that concentrates in civil and commercial litigation, landlord/tenant representation, and business disputes. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.

Difference between Municipal and Law Division

Many people wonder what are the differences between Municipal and Law Division within the Circuit Court of Cook County, Circuit Court of Dupage County, or Circuit Court of Will County?

Municipal division generally deals with disputes from $1 to $30,000. In contrasts, Law Division generally deals with disputes and litigation matters involving matters of $30,000 and above. Law division usually addresses breach of contract matters where one side is accused of breaking an oral or written contract by not paying as they were supposed to.

Generally, a complaint is filed, which states the amount of damages alleged and this determines whether the case is assigned to municipal or law division. A Defendant must file an answer to the complaint within thirty (30) days or face a Motion for Default Judgment. A Motion for Default Judgment is a Motion if granted gives the Plaintiff the remedy that they are seeking in their complaint or lawsuit.

Robertson Law Group, LLC concentrates in business and commercial litigation matters in the Counties of Cook, Dupage, and Will Counties. Sean Robertson is Managing Partner and can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Business Partnerhip disputes

In today's economy, business partnership disputes are increasing because one party is unhappy with the arrangement. There are different types of claims that can be brought in a partnership dispute. One of the claims is breach of contract. A breach of contract is essentially a claim where there was a written or oral contract and one party breached that agreement. The second type of claim is breach of fiduciary duty. This is essentially that one party failed to live up to their duties as imposed by their written agreement or the Illinois state statute. Third, conversion is a claim where the other party used your money or resources for their benefit and deprived you of the legal right to your property. This claim allows reasonable attorney's fees and costs. The fourth claim is a fraud claim, which is the business partner failed to disclose to you or kept something a secret from you. This fraud led to activities or losses that the partner should be responsible for.

Sean Robertson is a Corporate and Litigation attorney that concentrates in business counseling, business and corporate litigation, and asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Attorney Fees and Collection Matters

Today's topic are attorney's fees and collection matters. Often times, a creditor or vendor will sue a business owner and it is standard in most contracts to have the awardance of attorney's fees and costs. Whether you are the Defendant or Plaintiff, Attorney's fees are often a big deal. Attorney's fees quickly add up and a the price of negotiating a legal matter increases with rising attorney's fees.

In the municipal division at the Circuit Court of Cook County or Circuit Court of Dupage County, a creditor is awarded attorney's fees as long as the fees are reasonable and the contract allows for attorney's fees.

There are exceptions to this rule such as conversion and fraud claims. Punitive damages and attorney's fees are allowed and the Judge may or may not award attorney's fees and punitive damages to punish a certain type of behavior.

Sean Robertson is a commercial and business litigation attorney who practices in the Circuit Court of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 Or Sean@RobertsonLawGroup.com.

Motion to Vacate Default Judgment

A Motion to Vacate a Default Judgment has two components. The first part is whether the judgment is greater or less than 30 days from the date the ex-parte default judgment was entered as a court order. For example, John Smith is owner of ABC Trucking, Inc. and on December 30, 2010 an ex-parte default judgment was entered against him for $30,000. On January 10, 2011, John Smith found out that a judgment was entered against him despite not being served or knowing of the court date. Under 735 ILCs 2-1301, a Defendant has thirty (30) days to file a petition to vacate the default judgment. This essentially means that a Defendant will get a opportunity to plead their case after they file their petition to Vacate a Default Judgment. If the judgment has been entered over thirty (30) days after entry of the judgment, 735 ILCS 2-1401 shall apply. The basic elements to set forth with an affidavit are the following: 1. Proper Defense to the underlying judgment; 2. No unreasonable delay in responding to the judgment; and 3. Must be accompanied with an affidavit under oath.

Sean Robertson is a commercial, contract, and litigation attorney in Naperville and Chicago, Illinois. Robertson Law Group, LLC services Cook, Dupage, Will, Kane, and Kendall Counties.

Personal Guarantees and Litigation

Yesterday, I got a phone call from a person that personally guaranteed a business loan and their bank has filed a lawsuit against them and the business. In today's economy, lawsuits are increasing especially by a person's bank for breach of contract. A breach of contract is a type of claim for non-payment of a contract that was entered into by an individual or a business. Generally, disputes under $30,000 are called municipal cases and disputes over $30,000 are called law division cases.

There are several options available to the Defendant. The first option is to settle the outstanding debt by paying twenty to fifty percent of the outstanding amount. Generally, this is the best strategy, but this is often times impractical. The second option is to file bankruptcy and rid yourself of this debt. The third option is to set up a payment arrangement and prevent a judgment being entered against you. The critical thing here is be realistic with your payment terms. The fourth strategy is to allow a judgment to be entered against you and set up your assets and accounts in a manner where the monies are uncollectable.

Sean Robertson is Managing Partner of Robertson Law Group, LLC, which concentrates in asset protection, civil and commercial litigation, and corporate law. Sean Robertson can be reached at either 630-364-2318 or 312-498-6080.

Contract Disputes

In today's economy, parties are often times fighting over a breach of contract dispute such as a vendor suing a customer for an unpaid bill or a customer being sued by a vendor for an unpaid bill. In Cook County, Dupage, and Will County, a law division case is defined as a case that exceeds $50,000. Generally, a law division case may include a contract dispute for $30,000 or less. Often times, a Plaintiff may want to file a law division case because they law division judges are more familiar with contract disputes than muncipal judges. Generally, an answer must be filed within thirty (30) days after a complaint is filed with the Defendant or Respondent. An answer is a legal response to the Plaintiff's complaint or lawsuit. Often times, a Defendant may avoid an answer by filing a Motion to Dismiss under 2-615 or 2-619.

The Robertson Law Group, LLC concentrates in contract, commercial, and civil litigation. Our offices are based in downtown Chicago and Naperville, Illinois in the Western Suburbs. We assist Plaintiffs and Defendants.

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