DeKalb County Civil Litigation Attorneys | Dispute Resolution Attorneys, DeKalb County IL

DeKalb County Civil Litigation Attorneys | Dispute Resolution Attorneys, DeKalb County ILDeKalb County Civil Litigation Attorneys, DeKalb County Dispute Resolution Attorneys, DeKalb County Civil Litigation Lawyers, DeKalb County Dispute Resolution Lawyers

From the beginning of a dispute, our DeKalb County litigation attorneys prepare long-term efficient strategies with a goal of a favorable outcome for our clients. Our litigation attorneys have a wide range of experience in civil and commercial litigation matters, and we represent both plaintiffs or defendants in federal or state cases and even handle cases outside of Illinois.

From the beginning of a dispute, our DeKalb County litigation attorneys prepare long-term efficient strategies with a goal of a favorable outcome for our clients. Our litigation attorneys have a wide range of experience in civil and commercial litigation matters, and we represent both plaintiffs or defendants in federal or state cases and even handle cases outside of Illinois.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, our DeKalb County Civil Litigation & Dispute Resolution attorney describes why O'Flaherty Law is the best choice for your civil matter.

  • We Are Conscious of Our Costs! We work aggressively but efficiently to minimize the expense of each stage in the process, and we treat the client's money as if it were our own.  We do not surprise our clients with unexpected bills, and instead, before accruing any fees, we allow you to make an educated decision with respect to the costs of each step in the dispute resolution & litigation process.    
  • We Will Be Your Aggressive Advocate!  Our team of DeKalb County civil litigation & dispute resolution attorneys has made a name for ourselves representing the "little guy" against powerful corporations.  We have handled class action suits in Federal Court as well as appeals and multi-state litigation.  No case is too big, and we are prepared to take on and defeat powerful adversaries.   
  • We Put Your Interests First! At O'Flaherty Law, our goal is not to make our firm money off of your case, but instead to have you walk away feeling like you got a good resolution at a fair price.  Many litigation attorneys are content to let cases drag out and "bill the file," but we realize you are a person, not a file, and we want you to have a lifelong relationship with our firm, so we are prepared to aggressively pursue or defend your case.  

Some of Our Accomplishments

Schedule a Consultation With Our

DeKalb County Civil Litigation & Dispute Resolution Attorneys

DeKalb County Civil Litigation Attorneys, DeKalb County Dispute Resolution Attorneys, DeKalb County Civil Litigation Lawyers, DeKalb County Dispute Resolution Lawyers

To schedule a free consultation at our offices in

Downers Grove,

Naperville,

Elmhurst,

Lake in the Hills,

Tinley Park, and

St. Charles

:

If our office locations are not convenient for you, we are happy to meet with you anywhere in Chicagoland that you find convenient.  

We are also happy to speak with you by phone.  ​​​

DeKalb County

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 Client's 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.

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."
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 DeKalb County Civil Litigation & Dispute Resolution Attorneys

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

Elements of Illinois Consumer Fraud Explained

In this episode of Learn About Law we look into #ConsumerFraud Laws in Illinois.

The Illinois Consumer Fraud and Deceptive Business Practices Act is a state statute designed to protect consumers from business owners who use deceptive tactics to prey on consumers.  It is referred to by shorthand as the Consumer Fraud Act.  It is easier to maintain a cause of action under the Consumer Fraud Act than under common law fraud.

In order to maintain a cause of action for common law fraud, you must plead and prove the following five elements:

  • ‍ the defendant must make a false statement of material fact to the plaintiff;
  • ‍the defendant must have made such statement knowing that it was false;
  • ‍the defendant must have intended that the statement with the intent that the plaintiff rely on it;
  • ‍the plaintiff must have acted in reliance on the statement; and
  • the plaintiff must have been damaged by his reliance on the statement.
Read More

The Illinois Consumer Fraud and Deceptive Business Practices Act is a state statute designed to protect consumers from business owners who use deceptive tactics to prey on consumers.  It is referred to by shorthand as the Consumer Fraud Act.  It is easier to maintain a cause of action under the Consumer Fraud Act than under common law fraud.

In order to maintain a cause of action for common law fraud, you must plead and prove the following five elements:

  • ‍ the defendant must make a false statement of material fact to the plaintiff;
  • ‍the defendant must have made such statement knowing that it was false;
  • ‍the defendant must have intended that the statement with the intent that the plaintiff rely on it;
  • ‍the plaintiff must have acted in reliance on the statement; and
  • the plaintiff must have been damaged by his reliance on the statement.
Read More

What is a Motion to Dismiss and How Does it Fit in the Pleading Phase of Litigation

DeKalb County Civil Litigation Attorneys, DeKalb County Dispute Resolution Attorneys, DeKalb County Civil Litigation Lawyers, DeKalb County Dispute Resolution Lawyers

DeKalb County litigation attorney, Kevin O'Flaherty, explains Motions to Dismiss.

The phases in a litigation case include:​

  1. The Pleading Phase;
  2. The Written Discovery Phase;
  3. The Oral Discovery Phase;
  4. Pre-Trial Motions and Settlement Efforts; 
  5. Trial; and
  6. Appeals.  

‍The Pleading Phase of Litigation Explained

The Pleading Phase is the first phase of a litigation case. To initiate a lawsuit, the Plaintiff files a document called a "complaint," which lays out, in numbered paragraphs, factual allegations the Plaintiff is making against the defendant. The complaint would entitle the plaintiff to judgment from the court, and requests monetary or injunctive relief from the court if it is found in their favor.

The plaintiff will have the complaint served to the defendant through a sheriff, a special process server, or certified mail requiring the defendant's signature. The complaint comes with a summons requiring the defendant or their attorney to appear in court at the first court date, called the "Return Date."

The defendant will have 30 days from being served with the complaint to respond by filing either an Answer to the Complaint or a Motion to Dismiss the Complaint

If the defendant files a Motion to Dismiss, they may feel there is some defect with the complaint that makes the case improper, or it should be dismissed. 

When the motion is successful, the case is usually dismissed without prejudice and the plaintiff will typically be granted 30 days to file an amended complaint correcting the defects. If the court finds the defects can't be corrected by Amending the Complaint, the case will be dismissed with prejudice and cannot be refiled, but can be appealed.

If the Motion to Dismiss is unsuccessful, the defendant will be granted time to file an Answer to The Complaint.  The defendant will admit or deny each of the allegations listed in the complaint and plead any defenses that may defeat the claims made in the Complaint even if such claims are true.  Once the defendant has filed an Answer to the Complaint, the case is "at issue" and the Written Discovery Phase of litigation begins.   

Click here to read an article by our DeKalb County litigation lawyers about Motions to Dismiss in Civil Litigation. 

DeKalb County Attorneys Explain the Written Discovery Phase Of Litigation

In this article, our DeKalb County litigation attorneys discuss what takes place once the Answer to the Complaint has been filed, the Pleading Phase of litigation is complete and the Written Discovery phase begins.  Each side will issue three types of written discovery requests to the other:  Interrogatories, Requests for Production of Documents, and Requests for Admissions of Fact.

  • Requests for Production of Documents: Requests to produce require the other side to produce any documents specifically listed that are relevant to the claim or defense of any party in the case.  Typically the attorney issuing the request to produce will include a catch all request, asking for anything relevant.  However, it is also important to narrowly tailor the requests to the type of document you are looking for so in case those particular documents are not provided, the party who failed to provide them can be sanctioned by the court.
  • Interrogatories:  These are written questions to the other parties that must be answered fully in writing.  Each side is allowed to issue 30 questions to the other party without leave from court to issue additional interrogatories.  The purpose of the questions is to reveal the other side's theory of the case, the witnesses they intend to put on at trial, and the facts they intend to use to support their case.  It allows the attorneys to learn who they need to depose and gives them a foundation for their deposition questions.  
  • Requests for Admission of Facts: Each side can request the other side to admit or deny up to 30 facts.  The purpose of this is to narrow the issues that have to be decided at trial.  Once a fact is admitted, it cannot later be denied.  If a fact is denied but it turns out later  that the party denying it knew it to be true, the party who wrongfully denied the fact will be sanctioned by the court.  If the Requests for Admission of Facts are not returned by the statutory deadline they are all deemed admitted, which has cost some negligent attorneys to lose cases. 

Read the entire article by our DeKalb County civil litigation lawyers

DeKalb County litigation attorney, Kevin O'Flaherty, explains the written discovery phase of litigation.

In this article, our DeKalb County litigation attorneys discuss what takes place once the Answer to the Complaint has been filed, the Pleading Phase of litigation is complete and the Written Discovery phase begins.  Each side will issue three types of written discovery requests to the other:  Interrogatories, Requests for Production of Documents, and Requests for Admissions of Fact.

  • Requests for Production of Documents: Requests to produce require the other side to produce any documents specifically listed that are relevant to the claim or defense of any party in the case.  Typically the attorney issuing the request to produce will include a catch all request, asking for anything relevant.  However, it is also important to narrowly tailor the requests to the type of document you are looking for so in case those particular documents are not provided, the party who failed to provide them can be sanctioned by the court.
  • Interrogatories:  These are written questions to the other parties that must be answered fully in writing.  Each side is allowed to issue 30 questions to the other party without leave from court to issue additional interrogatories.  The purpose of the questions is to reveal the other side's theory of the case, the witnesses they intend to put on at trial, and the facts they intend to use to support their case.  It allows the attorneys to learn who they need to depose and gives them a foundation for their deposition questions.  
  • Requests for Admission of Facts: Each side can request the other side to admit or deny up to 30 facts.  The purpose of this is to narrow the issues that have to be decided at trial.  Once a fact is admitted, it cannot later be denied.  If a fact is denied but it turns out later  that the party denying it knew it to be true, the party who wrongfully denied the fact will be sanctioned by the court.  If the Requests for Admission of Facts are not returned by the statutory deadline they are all deemed admitted, which has cost some negligent attorneys to lose cases. 

Read the entire article by our DeKalb County civil litigation lawyers

Learn About Points At Which A Litigation Case Is Likely To Settle

DeKalb County Civil Litigation Attorneys, DeKalb County Dispute Resolution Attorneys, DeKalb County Civil Litigation Lawyers, DeKalb County Dispute Resolution Lawyers

Because the overwhelming majority of civil suits settle, our DuPage litigation attorneys work with a focus toward obtaining a favorable settlement for you as early in the case as possible.  This allows both sides to spend less in attorneys fees, making it easier to reach a more favorable settlement for both parties.  Below are the typical inflection points in a litigation case when settlement is particularly likely:

  1. Demand Letter: When our DeKalb County litigation lawyers are retained by a potential plaintiff in a dispute, typically, our first step is to send a well-researched demand letter to the other party laying out the facts of the case, citing to appropriate statutory and case law, setting forth the damages for which the defendant will be liable if the plaintiff is successful at trial, and making a demand for payment or some other action within a specified time period.  This usually leads to a response letter from the potential defendant's attorney and/or phone negotiations between parties.  Many cases will settle at this point before either side is required to spend more than a nominal amount on legal fees.  
  2. Complaint & Summons: If the case doesn't settle after a demand letter, the next step is filing a Complaint initiating a lawsuit.  This is served by the sheriff or special process server upon the defendant along with a Summons requiring them to appear in court and respond to the Complaint by a particular "Return Date."  At this point, if the defendant has not hired an attorney, he or she will usually do so.  The defendant will realize the plaintiff's demand letter was not a bluff and will have a serious conversation with his or her attorney regarding the expected costs and outcomes of litigation.  Initiating the lawsuit will sometimes apply the additional pressure necessary to settle the matter. 
  3. After Depositions Have Been Conducted: The next likely time for a case to settle is after written discovery has been answered and the most important depositions have been taken.  At this point both sides have a very good idea of what can be proven at trial, and should have a more realistic understanding of the likely outcome at trial.  Cases will often settle at this point, because all the facts are on the table. 
  4. Pre-Trial Settlement Conference or Mediation: In a pre-trial settlement conference, the parties, their attorneys, and the judge will meet for several hours in an attempt to settle the case before trial.  The judge will usually give the parties an indication of what he or she considers a fair settlement based on the facts of the case, and will attempt to pressure parties who are being unreasonable to come to terms.  In a mediation, a professional mediator (usually a retired judge or attorney) tries to bring the parties together on settlement.  Pre-trial settlement conferences and mediations have a very high success rate.  
  5. Immediately Prior to Trial: It is common for cases that have made it all the way to the day of trial without settlement to settle on the day of trial either shortly before trial begins or even after the trial has been conducted but before the judge rules.  This is because the parties have run out of time to hope the other side will come around to their way of thinking, and both sides are facing the immediate prospect of an all-or-nothing verdict at trial.  

Because many cases settle eventually, our DeKalb County litigation attorneys focus on achieving a favorable settlement on your behalf as early in the process as possible.  This leaves more money in your pocket and allows you to move on with your life.  Because we practice nearly all areas of law, our focus is not on making as much money as we can on your litigation case, but rather on having you walk away happy and gaining a client for life.  

Further Reading from our

DeKalb County Civil Litigation & Dispute Resolution Attorneys