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Don’t Do That! Chicago Bar Association Solo & Small Firm Committee Highlights

November 16, 2017 by Levinson and Stefani Leave a Comment

Ethics on chalkboard

Committee Chair Ken Levinson moderated the presentation by Ari Telisman, Senior Litigation Counsel for the Attorney Registration and Disciplinary Commission. This month’s topic was Ethical Considerations for the Solo and Small Firm Practitioner. They covered four main areas: Records Retention, Negotiations, Confidentiality and PMBR.

Here are some notes and highlights:

Records Retention

Illinois State Bar Association Professional Conduct Advisory Opinion No. 17-02 provides some specific guidance on how to dispose of those filed after seven years. In order to keep up with changing technology, there is a proposal to amend rule 769 allowing attorneys to “use industry standard technology” for file storage.

Not ordinarily a statement of material fact: Estimate of price or value Party’s intention as to acceptable settlement

DON’T DO THIS:

In employment discrimination claim, using expert’s report premised on plaintiff’s continued unemployment, when plaintiff just accepted a high-paying job. In re Filosa, 976 F. Supp. 2d 460 (S.D.N.Y. 2013).

Leading opposing party to believe your deceased client is still alive. In re Feofanov, M.R. 28675, 17PR9 (2017).

Negotiations

Ever wonder if your negotiating strategy might be going a little too far? RPC 4.1 covers the not making of false statements of material facts.

Confidentiality

Recently Ty Cobb, a member of the White House’s internal legal team was talking a bit too loud at lunch. IRPC 1.6(e) states “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to information relating to the representation of a client.” This include lunches!

DON’T DO THIS:

Here’s a photo of Ty Cobb & John Dowd casually & loudly discussing details of Russia investigation at @BLTSteakDC while I sat at next table. pic.twitter.com/RfX9JLJ0Te

— Kenneth P. Vogel (@kenvogel) September 18, 2017

PMBR
Beginning with registration for 2018, any lawyer who discloses that he or she does not have malpractice insurance (a practice we absolutely discourage) will be required to complete a 4-hour interactive, online self-assessment. The assessment is free, counts as CLE credit, and can be done in stages. Failure to complete the assessment by the end of the reporting year will prevent the attorney from having access to registration for the following year.

For a copy of the presentation, feel free to contact Ken.

Have questions? Feel free to comment below.

Chicago Distracted Walking Ordinance?

November 14, 2017 by Levinson and Stefani Leave a Comment

People walking while looking at cell phones.

$500 fine for “distracted walking?” That’s what Chicago pedestrians could be facing if a new proposed ordinance becomes law. The ordinance, as reported by Dick Johnson at NBC Chicago, says:

No person shall cross a street or highway while using a mobile electronic device in a manner that averts their visual attention to that device or that device’s activity

This may strike some as ridiculous. However, there’s little doubt that distracted walking in Chicago is a real problem. You don’t have to be a safety researcher to recognize that people have their faces buried in their screens.

As reported by the National Safety Council:

Distracted walking incidents are on the rise, and everyone with a cell phone is at risk. According to federal data on highway fatalities, there were 5,987 pedestrian fatalities in 2016 – the highest number since 1990. This represents an increase of 9% over the 2015 totals.

In fact, Honolulu, HI has already implemented a distracted walking ordinance. As reported by NPR, in Honolulu:

Fines start at $15 and go as high as $99 for a third-time offense in the same year.

As advocates for injury survivors, we regularly see the consequences of distractions.

It seems that, as a society, we’re really just beginning to understand the impact of smartphones on safety. We already know that distracted driving is big problem that is only getting worse. While collisions resulting from distracted walking seem like they’d be much less severe, the data on injuries from distracted walking are limited.

According to Safety.com, citing data from the National Highway Traffic Safety Administration (NHTSA):

Nearly 5,000 pedestrians were killed and an estimated 76,000 injured in traffic collisions in the United States in 2012. That’s one death every 2 hours and an injury every 7 minutes. While it’s not clear how many of these are a direct result of distracted walking, the total rate of pedestrian fatalities compared to overall road deaths is getting worse each year.

While it’s not clear how many of these are a direct result of distracted walking, the total rate of pedestrian fatalities compared to overall road deaths is getting worse each year.

Would an ordinance actually deter distracted walking? I suppose the first answers will come out of Hawaii. With respect to Chicago, it seems that such an ordinance might create an enforcement nightmare. While that’s not necessarily are reason not to have the ordinance, it certainly should give us all pause. Do we want valuable Chicago resources directed toward stopping people from distracted walking?

So, what do you think Chicago? Is a distracted walking ordinance a good idea?

Lawsuit Anatomy: Pre-Suit Negotiation

November 3, 2017 by Levinson and Stefani Leave a Comment

This is Part Four of our Anatomy of a Lawsuit series. So far, we have covered hiring an attorney, investigation of your claim and getting treatment. The next stage in your lawsuit is pre-suit negotiation, often called “making a demand.”

In most personal injury cases, your attorney has two years from the date of the collision to file a lawsuit against the other driver. Often however, your attorney will try to settle your case before a lawsuit is ever filed. This happens for many different reasons; it’s more cost effective to you, it resolves your case quicker and it doesn’t unnecessarily clog up the courthouse.

A pre-suit “demand” is a letter written by your attorney to the insurance adjuster for the at-fault driver making a demand for payment. Once you have finished your medical treatment, your attorney will order copies of your medical records and bills, and then send the letter. Other documents that might be included with the demand are the police report, photographs of your injuries or your vehicle, statements from your employer about wages lost, statements from your doctors regarding the permanency of your condition, etc. The goal of this demand letter is to show the extent of your injuries, the cost of your medical treatment and any other damages you may have incurred.

Once the demand has been sent, it is customary to allow the insurance adjuster thirty days to review all the information. After a thorough review, the insurance adjuster will make an “offer” – that is, the amount of money they believe your case is worth. From here, your attorney and the insurance adjuster will negotiate a dollar amount somewhere between the demand and the offer that both parties can agree on. It’s much like buying a house or a car; there is usually a number in the middle that satisfies both sides.

In some cases, the two parties cannot agree on a number before the two years expires, or the client has such extensive injuries it takes longer than two years to finish medical treatment. In those cases, your attorney will be forced to file a lawsuit. This certainly doesn’t mean you have a bad case, or you are going to lose. Sometimes, one or both sides simply needs additional information before they can agree on a number.

It has been estimated that 99% of lawsuits, or potential lawsuits, end in settlement. Given the odds, it makes sense that your attorney would try to settle your case without filing a lawsuit. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

Lawsuit Anatomy: Treating

November 2, 2017 by Levinson and Stefani Leave a Comment

Discussing Diagnosis with Physician

This is the third installment in our Anatomy of a Lawsuit series. So far, we have discussed how to hire the right attorney and the investigation undertaken by the attorney once hired.

The next topic is without doubt, the most important part of a personal injury lawsuit: getting treatment.

Emergency Room Visit

For some victims, treatment begins immediately in the emergency room, but for most people, treatment won’t begin for a couple of days when the pain isn’t going away. The first thing you should do is start a journal or a log. It doesn’t have to be fancy, a small notebook or a Word document will do. You should track the name of the doctor or facility, the date, your symptoms, the diagnosis, any medication prescribed, and the recommended follow up care.

Medical Records

We oftentimes see medical records that contain errors or discrepancies from what the patient or doctor said. Some doctors dictate a recap of your visit which is typed up by another person, others use real time charting with a series of clicks and check marks. Humans are not infallible and mistakes happen. Having your own log to compare to your medical records can help your attorney get you the best possible recovery.

Follow-Up With Treatment

The next thing to do is follow through with treatment! Skipping appointments, or taking months to have recommended treatment completed will hurt your case in the long run. The attorney for the at-fault driver will use these gaps in treatment to try and minimize your injuries, or make it appear that are lying about the severity of your injuries. If your primary care provider recommends physical therapy twice a week for six weeks, get it! If they tell you to follow-up after physical therapy, do it! Too often, we push through the pain because we are busy with our jobs, families, and friends. There is nothing more damaging to your lawsuit than not completing all the recommended medical treatment.

Permanent Injuries

A lot of people fully recover after being in a car collision, however some have lasting injuries. If the treatment isn’t resolving your injuries, or if your doctors have said you’ve reached maximum medical improvement, then you are dealing with permanent injuries. The same goes for surgery. Many times, surgery will be recommended but not required. Some clients choose to forego surgery, and simply live with the pain for many different reasons. It is important to work closely with your attorney, and your doctor to properly document things such as permanency and surgical recommendations.

Medical treatment, or more specifically, the medical reports and bills generated from getting that treatment is the only thing the at-fault driver’s attorney will use to determine the value of your lawsuit. Be your own best advocate, and make sure you are seeking, and completing all your medical treatment. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

Lawsuit Anatomy: Investigation

November 1, 2017 by Levinson and Stefani Leave a Comment

Investigator With Magnifying Glass

In Part I of this continuing series, we discussed choosing an attorney. Once you have done the due diligence of hiring an attorney, your attorney will begin investigating your case.

This process takes many different forms depending on the facts, however, in a personal injury case the process typically begins with ordering the police report. In Illinois, two separate reports are generated after a motor vehicle collision. The first is the Illinois Motorist Report which is a hand-written report created by the people involved in the collision. This report contains information on all drivers involved along with a summary of the events leading up to the crash. The second report is called the Illinois Traffic Crash Report. This report is created by the officer on a computer and contains additional information such as weather conditions, the location of damage on the vehicles, and the officer’s opinion on what caused the crash. Depending on the severity of the crash, the second report can take months to generate.

Along with ordering the police reports, your attorney will also send a notice of representation letter to the other driver’s insurance company. The purpose of this letter is to alert their insurance company of a pending lawsuit so that it may also begin an investigation.

Your attorney may also visit the scene of the crash to obtain photographs or other measurements. This evidence may be helpful to your attorney, and your case, for many different reasons. It could help show that you were not at-fault for the crash, it may help show that the other driver is lying about the events of the crash, it could also be used later at trial to help the jurors visualize exactly how the crash occurred.

Finally, your attorney will research the other driver. In a crash between two cars, this research could include everything from a broad Google search to a very specific search through a paid service to see if the driver has any other civil or criminal issues. If your case involved a bus or a semi-truck, which are state and federally regulated, the search involves much more specific items, many of which are publicly filed.

The investigation part of your personal injury lawsuit is vitally important to the remainder of your case, and will often frame the lawsuit. Understand that while you are seeking medical treatment for your injuries, your attorney is working hard to present the strongest case on your behalf.

Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

Chicago: Longest Commute Time Nationwide

October 30, 2017 by Levinson and Stefani Leave a Comment

A recent study found that Chicago has the longest commute times nationwide, with the average commute taking 34.2 minutes. This makes Chicago the worst commute in the country; beating out cities like New York, San Francisco and Miami. Even with the popularity of the ‘L’ and Metra trains here in Chicago, it is estimated nationwide, 86% of American workers commute by vehicle, and of those drivers, more than 75% drive alone.

With that much time spent commuting, car wrecks are inevitable. In fact, records obtained by the Chicago Tribune in 2013 show that 782 car wrecks occur in our state every day. If you find yourself involved in one of these wrecks, there are certain steps you should take to protect yourself.

First, make sure that everyone involved is in a safe location after accident. Many times, another collision can occur if vehicles are still in roadway, or even on the shoulder. Get medical attention if you are injured. Get the names and contact information of all drivers involved, and any people who may have pulled over as witnesses. Often, these people can be invaluable if the at-fault driver later claims it was not their fault.

Second, if there is damage to any vehicle, snap a few pictures. Also, if there was ice on the road, or an obstruction in the roadway, and you can safely get photos of those, do! Remember, it may be months or even years before this case gets settled or goes to trial. Memories fade but photographs are forever.

Finally, as soon as you are able, write down a recap of the wreck, including the time, the weather conditions, the vehicles involved, anything that was said, anything you noticed, if the at-fault driver seemed distracted, or tired, etc. This information can become helpful to your attorney later if they need to litigate your case.

If you find yourself involved in one of the nearly 800 car wrecks that happen in Illinois each day, and you have questions about your claim, one of our attorneys would be happy to assist you.