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Chicago Civil Litigation Attorney | Dispute Resolution Lawyer, Cook County IL

Chicago Civil Litigation Attorney | Dispute Resolution Lawyer, Cook County IL

Our experienced Chicago litigation attorneys aggressively protect your rights. They work hard to achieve an efficient and cost-effective favorable outcome to your matter. Our trained litigators have extensive the skill and expertise in federal disputes involving commercial litigation, fraud, defamation, negligence, breach of contract, disputes between business partners, employment disputes, landlord/tenant disputes and evictions, construction law, and homeowners association disputes. ​

Our experienced Chicago litigation attorneys aggressively protect your rights. They work hard to achieve an efficient and cost-effective favorable outcome to your matter. Our trained litigators have extensive the skill and expertise in federal disputes involving commercial litigation, fraud, defamation, negligence, breach of contract, disputes between business partners, employment disputes, landlord/tenant disputes and evictions, construction law, and homeowners association disputes. ​

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, our Chicago Civil Litigation attorney describes why O'Flaherty Law is the best choice for your civil matter.

  • We Are Affordable! We know our clients appreciate cost-efficient service. That's why our Chicago Civil Litigation Attorneys strive to always keep your budget in mind throughout your case. We sit down with our clients to outline a strategy that will match your budget. We let you know of the separate parts of your case and how much to expect. This ensures that you aren't shocked by an outrageous bill that you didn't see coming. This kind of client awareness separates us from a lot of law firms. Our ability to communicate and provide cost-effective services are what we take pride in. 
  • We Put Your Interests First!  Every new client becomes a part of the O'Flaherty family. We appreciate our long-standing relationships with our clients. Your happiness is our happiness. We want you to keep us in mind the next time a legal matter arises in your life. To do this, we make sure you leave feeling like your case didn't drag out too long. We work to quickly resolve issues at the earliest stages so you think about the value you received next time you come back to us or refer us in the future. The majority of cases are resolved before trial. If we are able to settle before your case reaches trial, this will save you time and money. However, this does not mean we sacrifice any of the tools we will use to fight for your case. If trial does become necessary, we are well prepared to put you the best position to succeed.
  • We Are Your Aggressive Advocate!  We have a history of taking on difficult cases. Our Chicago litigation attorneys have built up a strong reputation for the difficult cases we take on. Other attorneys find some of the cases we've taken on too challenging. However, we have the resources of the bigger firms but are client-focused like small firms. Whatever size your case is, we are determined to provide the best client service.

Some of Our Accomplishments

Schedule a Free Consultation With Our

Chicago Civil Litigation & Dispute Resolution Attorneys

Please contact our friendly

Chicago Civil Litigation & Dispute Resolution Attorneys

at our nearest location to schedule a free consultation:

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Chicago Civil Litigation Attorneys

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

How to Collect a Debt in Illinois

If you are a small business owner dealing with past due accounts receivable, or if you are having trouble paying your monthly bills and are receiving notices from creditors, you should acquaint yourself with the collection process.  This article will provide a summary of that process.  The narrative will be from the creditor’s perspective, but it will be equally helpful to debtors.

Bear in mind that each of the following steps tends to increase the pressure on the debtor to settle his debt.  Each successive step will only be required if the debtor is non-responsive to the previous steps.  In practice, it is usually unnecessary to take a collections case all the way through Step 7.

STEP 1:  Internal collections procedures:  Before you speak to a collections attorney, you should be sure to refine your own collection procedures.  Every business is different, but the following tips may help you increase your collections on your accounts receivable:

  • In your contracts with your customers, include an attorney-fee provision providing that if either party is required to take action to enforce the contract, the other party will be required to pay attorney fees and other expenses.
  • In your contracts with your customers, include a late fee provision, informing your customers that late fees will be charged on late invoices.
  • On the face of each invoice, you should explain your collection procedures.  Let your customers know in advance that if their invoice is x days past due they will be required to pay late fees, and that if it becomes days past due, the invoice will be sent to collections.
  • Follow up on past due invoices with letters explaining the consequences of continued failure to pay.

If you believe that it will not be possible to collect an account internally, you should hand the account to your attorney to begin a collection suit.

Read More

If you are a small business owner dealing with past due accounts receivable, or if you are having trouble paying your monthly bills and are receiving notices from creditors, you should acquaint yourself with the collection process.  This article will provide a summary of that process.  The narrative will be from the creditor’s perspective, but it will be equally helpful to debtors.

Bear in mind that each of the following steps tends to increase the pressure on the debtor to settle his debt.  Each successive step will only be required if the debtor is non-responsive to the previous steps.  In practice, it is usually unnecessary to take a collections case all the way through Step 7.

STEP 1:  Internal collections procedures:  Before you speak to a collections attorney, you should be sure to refine your own collection procedures.  Every business is different, but the following tips may help you increase your collections on your accounts receivable:

  • In your contracts with your customers, include an attorney-fee provision providing that if either party is required to take action to enforce the contract, the other party will be required to pay attorney fees and other expenses.
  • In your contracts with your customers, include a late fee provision, informing your customers that late fees will be charged on late invoices.
  • On the face of each invoice, you should explain your collection procedures.  Let your customers know in advance that if their invoice is x days past due they will be required to pay late fees, and that if it becomes days past due, the invoice will be sent to collections.
  • Follow up on past due invoices with letters explaining the consequences of continued failure to pay.

If you believe that it will not be possible to collect an account internally, you should hand the account to your attorney to begin a collection suit.

Read More

How Will I Be Represented?

Chicago Civil Litigation Attorney, Chicago Dispute Resolution Lawyer, Chicago Civil Litigation Lawyer

Chicago Civil Litigation Attorney, Chicago Dispute Resolution Lawyer, Chicago Civil Litigation Lawyer

We begin every case by setting realistic goals and expectations. We explain the real chances of success and the court costs that you may incur. 

Our attorneys speak in terms that won't confuse you. We communicate in a way that does not require you to speak legalese. Our comminication is meant to explain every step of the way clearly. We want to make you fully aware of what is going on in your case in order to make informed decisions. We make sure you feel that you are in charge of your litigation and not the other way around. 

We also ensure that we are available to you when you need it. We promptly return phone calls and e-mail you if we are unavailable. Sometimes emergencies arise after house. We have an after hours number (630)967-4697 for those emergency situations. We want you to leave feeling that your case was handled with the professional service you would expect from our trusted attorneys. We want to be your advocate for all your important legal matters and resolve them in a timely fashion.

Stages Of Civil Litigation

Your case will enter multiple steps during the entire litigation process. In 95% of litigation cases, the parties will settle before trial. The less time that is spent going through to courts, the less both parties will spend on legal fees and court costs. It is wise for both parties to resolve the case sooner than late. However, we do not advocate for compromising a favorable outcome in order to settle. But it is always best to weigh the most cost-effective options so that you leave feeling like you had a successful litigation matter.The following are the stages of civil litigation:

  1. Demand Letter: ​Before we file for a litigation suit, our Chicago litigation attorneys issue a demand letter. This letter serves to inform the recipient that you have an attorney and are prepared to further the case. An aggressive letter presented on attorney's letterhead will normally settle the case or at least open up negotiations. Settlement at this stage makes the most sense for clients with nominal amounts to spend on attorneys fees but want results.
  2. Filing and Service Upon The Defendant of a Complaint and Summons: ​While demand letters normally work, some defendants may see the demand letter as an empty threat. If there is no response to the demand letter, we will discuss the whether we should pursue the case in court. To initiate the court process, we file a complaint with the court. This complaint along with a summons that requires a defendant to appear is served upon the defendant by a sheriff. At this point the defendant will most likely choose to settle as to avoid seeking legal representation. Filing a complaint is not extremely costly and can really put the defendant in the position to assess how willing they are to fight this case financially and legally in the court system. Settling at this stage will help both parties avoid getting into costly legal fees.
  3. Pre-Trial Settlement Conference or Mediation at the Completion of Written Discovery: Once the defendant responds to the complaint, the next stage of litigation requires each side to issue written discovery. Written discovery is a set of questions that both sides are required to answer as well as provide all requested documents. Once the discovery phase is complete, the parties have a clear visual of their chances of success if the case were to go to trial. A settlement conference is normally requested where each side speaks to the judge, the judge attempts to settle the case.   There is a high probability that the case will resolve after the judge assists with settlement.
  4. After Depositions: ​If at the end of the written discovery process, the parties still are unable to settle, the next step is taking depositions of each party's key witnesses. Depositions are official interviews that are conducted under oath and on record. After depositions are taken, everyone's cards are on the table. This a time where parties have the opportunity to settle before trial.
  5. Immediately Prior to Trial: Once depositions are taken, a trial date is set.  Few cases get to this point, and if they do they usually are able to be resolved in a last second conference between parties and attorneys on the day of the trial. Cases may even settle after the presentation of evidence but before the judge's ruling. This is done in efforts to avoid getting an all-or-nothing ruling.

Our Chicago litigation attorneys aim to resolve your dispute as early as possible. This will help you achieve the optimal results with the minimal amount of attorney expenses and court costs. If the offer does not come or is not favorable, then we will aggressively fight for your rights at trial. We truly care about your case and your satisfaction of the service your received. We strive for a long-term trusting relationship with our clients so that we may assist you in other legal matters in the future.​

Chicago attorney, Kevin O'Flaherty, explains the written discovery phase of civil litigation.

Your case will enter multiple steps during the entire litigation process. In 95% of litigation cases, the parties will settle before trial. The less time that is spent going through to courts, the less both parties will spend on legal fees and court costs. It is wise for both parties to resolve the case sooner than late. However, we do not advocate for compromising a favorable outcome in order to settle. But it is always best to weigh the most cost-effective options so that you leave feeling like you had a successful litigation matter.The following are the stages of civil litigation:

  1. Demand Letter: ​Before we file for a litigation suit, our Chicago litigation attorneys issue a demand letter. This letter serves to inform the recipient that you have an attorney and are prepared to further the case. An aggressive letter presented on attorney's letterhead will normally settle the case or at least open up negotiations. Settlement at this stage makes the most sense for clients with nominal amounts to spend on attorneys fees but want results.
  2. Filing and Service Upon The Defendant of a Complaint and Summons: ​While demand letters normally work, some defendants may see the demand letter as an empty threat. If there is no response to the demand letter, we will discuss the whether we should pursue the case in court. To initiate the court process, we file a complaint with the court. This complaint along with a summons that requires a defendant to appear is served upon the defendant by a sheriff. At this point the defendant will most likely choose to settle as to avoid seeking legal representation. Filing a complaint is not extremely costly and can really put the defendant in the position to assess how willing they are to fight this case financially and legally in the court system. Settling at this stage will help both parties avoid getting into costly legal fees.
  3. Pre-Trial Settlement Conference or Mediation at the Completion of Written Discovery: Once the defendant responds to the complaint, the next stage of litigation requires each side to issue written discovery. Written discovery is a set of questions that both sides are required to answer as well as provide all requested documents. Once the discovery phase is complete, the parties have a clear visual of their chances of success if the case were to go to trial. A settlement conference is normally requested where each side speaks to the judge, the judge attempts to settle the case.   There is a high probability that the case will resolve after the judge assists with settlement.
  4. After Depositions: ​If at the end of the written discovery process, the parties still are unable to settle, the next step is taking depositions of each party's key witnesses. Depositions are official interviews that are conducted under oath and on record. After depositions are taken, everyone's cards are on the table. This a time where parties have the opportunity to settle before trial.
  5. Immediately Prior to Trial: Once depositions are taken, a trial date is set.  Few cases get to this point, and if they do they usually are able to be resolved in a last second conference between parties and attorneys on the day of the trial. Cases may even settle after the presentation of evidence but before the judge's ruling. This is done in efforts to avoid getting an all-or-nothing ruling.

Our Chicago litigation attorneys aim to resolve your dispute as early as possible. This will help you achieve the optimal results with the minimal amount of attorney expenses and court costs. If the offer does not come or is not favorable, then we will aggressively fight for your rights at trial. We truly care about your case and your satisfaction of the service your received. We strive for a long-term trusting relationship with our clients so that we may assist you in other legal matters in the future.​

Motions to Dismiss

Chicago attorney, Kevin O'Flaherty, explains motions to dismiss in civil litigation.

Chicago Civil Litigation Attorney, Chicago Dispute Resolution Lawyer, Chicago Civil Litigation Lawyer

The first step of every litigation case is filing a Complaint. This will state the cause of action and outlines the civil law that has been violated by the Defendant. It also serves the purpose of outlining the damages that the Plaintiff is entitled to. The defendant then is faced with two choices once the Complaint has been served:

  • He or she can admit or deny each allegation listed in the Complaint and raise defenses by filing an Answer to the Complaint; or
  • He or she may file a Motion to Dismiss. This motion states that the Complaint is defective, or that there is some other affirmative matter that would require the case to be dismissed. ​

Read more about Motions to Dismiss from our Chicago litigation lawyers

Further Reading from our

Chicago Civil Litigation & Dispute Resolution Attorneys