ISBA Illinois Law Now Column
</element><element id="paragraph-1" type="body"><![CDATA[Question: Can mentally incompetent adults in Illinois be adopted?
Answer: Yes, they can. In most instances, the adopting parents have a parent-child type of relationship. Typically, the adopting parents are either related to the person or have lived with the adult for two consecutive years or longer. Also, the adult being adopted must give his or her consent to the adoption.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: What is a contingent fee?
Answer: In certain types of cases such as personal injury, bill collections and workers' compensation, the attorney representing a person accepts a part of the recovery as the fee. A contingent fee is generally fixed at a percentage of the recovery, but many attorneys charge an additional percentage if the matter is re-tried or appealed to a higher court.
Though the attorney does not receive a fee if the action is unsuccessful, the client is still expected to reimburse the attorney for out-of-pocket expenses such as court filing costs, transportation costs, investigation costs, and fees paid to witnesses. If the client wins the lawsuit, the same expenses are typically deducted from the client's share of the recovery.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: How can I prevent my township from taking away a big chunk of my property for a new intersection? I use the land to grow and sell produce, which is how I earn my living.
Answer: The process of eminent domain gives governments around the state the right to take private property for a public purpose or necessity, such as the building of roads, schools, parks or other public-use facilities. The government cannot take the property without compensating the property owner fairly. Your best bet is to contact an attorney who is experienced in eminent domain matters to see what recourse you have.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: What happens if I don't report to jury duty?
Answer: According to Illinois law, if you do not report, you may be held in contempt of court and be fined and/or sent to jail. If you cannot appear on the summons date, you should call the number on the summons to explain why.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: Can a divorcing couple use one attorney to represent them?
Answer: No, a lawyer cannot represent both parties in a divorce case. Quite often, documents (such as a separation agreement) are prepared by one lawyer, but the fact is, the lawyer who drafted the documents may only represent one party.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: How can I get my children's deadbeat dad to make his child support payments on time?
Answer: If the parent obligated to pay child support falls behind in making payments, the court may request that the person's employer withhold the support directly from his or her paycheck. To do this, the custodial parent must obtain a court order by filing a form with the circuit court.
Employers are legally obligated to withhold support, and those who do not are subject to legal penalties. You may also have the child support payments withheld and paid to the clerk of the court in your county, then sent to you. An Illinois law allows the courts to suspend deadbeat parents' driver's licenses for those who are 90 days behind in court-ordered child support.
If you are not receiving the child support payments due you, or if they are late, you can contact the Illinois Department of Healthcare and Family Services, which offers free legal representation to enforce child support orders. Private attorneys also provide representation to compel support payments.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: A year ago, I was injured in a slip-and-fall type of accident, and I'm still receiving medical care. If I sue, using negligence as the basis for the lawsuit, what are the chances I can win?
Answer: The statute of limitations in Illinois for personal injuries is two years so you still have time. In a "negligence" case, a person bringing the lawsuit needs to show that the defendant failed in his or her duty to exercise reasonable care, resulting in harm to another. An attorney can help determine whether you have a case.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: I would like to sublet my apartment. Do I need written consent from the landlord?
Answer: It depends on the terms of your lease. Often, leases prohibit the tenant from subletting without the written consent of the landlord. Even if it does not, you as the tenant will remain responsible to the landlord unless he or she legally releases you from the responsibility.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: I am considering the purchase of a franchise. Should I hire a lawyer to review the agreement?
Answer: You should have a lawyer review the agreement and disclosure documents before you sign anything. Franchise agreements, which typically are a bit slanted towards the franchisor, outline the rights and obligations of both parties. A lawyer can advise you on the fairness of the agreement and possibly negotiate better terms for you.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: As part of the requirements of a personal guardian, do I need to spend my own money on the care of the person?
Answer: While you are not required to spend your own money for these expenses, you may be responsible for seeking the money needed from the person's assets and income. Your primary responsibility as a personal guardian is to ensure that the person in your care gets the medical, dental, grooming and other needed professional services that assist him or her in the development of maximum self-reliance and independence.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: How often should I review my estate plan?
Answer: Although there is no hard and fast rule, you should contact your attorney and arrange for a complete review of your estate plan at least every five years and more frequently if there is a significant life change in the family like birth, death, marriage, divorce, etc. Changes in one's assets or in the tax laws are another reason to review and update your estate plan.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
Question: I received a traffic ticket for allegedly running a red light. I signed an affidavit on the scene, confirming that I would appear in court on a set date and time. Does signing that document mean I will be found guilty?
Answer: Your signature on an affidavit is in lieu of a posted cash bond and not an admission of guilt; it simply indicates your willingness to appear in court.
For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.