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Downers Grove Litigation Attorneys | Civil Dispute Lawyers, Downers Grove IL

Downers Grove Litigation Attorneys | Civil Dispute Lawyers, Downers Grove IL

Our Downers Grove Litigation Attorneys have experience in a wide range of civil and commercial matters, in which we have represented both plaintiffs and defendants in both state and federal court. From the outset of a dispute, our Downers Grove civil dispute attorneys prepare a long-term strategy while keeping a focus on achieving a favorable resolution as quickly as possible. Litigation is an investment that must make sense from a financial perspective. Our goal is to make the process as efficient and cost-effective as possible while aggressively pursuing your interests and getting you the best resolution possible under the law.

Our Downers Grove Litigation Attorneys have experience in a wide range of civil and commercial matters, in which we have represented both plaintiffs and defendants in both state and federal court. From the outset of a dispute, our Downers Grove civil dispute attorneys prepare a long-term strategy while keeping a focus on achieving a favorable resolution as quickly as possible. Litigation is an investment that must make sense from a financial perspective. Our goal is to make the process as efficient and cost-effective as possible while aggressively pursuing your interests and getting you the best resolution possible under the law.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, our Downers Grove Litigation attorneys explain why O'Flaherty Law is the best choice for your civil litigation matter.

  • We Are Cost-Conscious And Cost-Effective!  We treat the client's money as if it were our own.  We do not surprise our clients with unexpected bills.  Instead, before accruing any fees our Downers Grove litigation attorneys allow you to make an educated decision with respect to the costs of each step in the dispute resolution & litigation process.  We work aggressively but efficiently to minimize the expense of each stage in the process.  
  • We Put Your Interests First!  Many litigation attorneys are content to let cases drag out and "bill the file."  We realize that you are a person, not a file, and we want you to have a lifelong relationship with our firm.  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.  We are prepared to aggressively pursue or defend your case.  However, because 95% of cases settle before trial, we work with an eye toward a favorable settlement at all times.   It is in your best interest to have a speedy and favorable resolution to your case without expending significant attorneys fees, and, because we put your interests first, this is our goal.  
  • We Are Your Aggressive Advocate!  Our team of Downers Grove civil litigation atorneys 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.   

Some of Our Accomplishments

Schedule a Free Consultation With Our

Downers Grove Civil Litigation Attorneys

civil litigation lawyer downers grove il

Please contact our friendly

Downers Grove Civil Litigation Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Downers Grove

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

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

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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 Downers Grove Civil Litigation Attorneys

civil dispute attorney downers grove il

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

Illinois Trust Administration: Selling Real Estate

In this episode of Learn About Law, we explain the responsibilities of a trustee when selling real estate after a loved one passes away. Have any questions that weren't answered here? Let us know in the comment section! Subscribe: https://www.youtube.com/channel/UCY4Q...

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More
civil lawyer downers grove illinois

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More

Inflection Points at Which Your Case is Likely to Settle

Downers Grove Civil Litigation lawyer

Downers Grove civil litigation lawyer Kevin O'Flaherty discusses the written discovery phase of civil litigation.

Downers Grove Civil Litigation lawyer

Our Downers Grove litigation attorneys discuss the written discovery phase of civil litigation. We explain the different types of discovery, including interrogatories, requests for production of documents, and requests for admission of fact. Our Downers Grove civil lawyers also explain common objections to discovery requests and the process of compelling the opposing party to answer written discovery requests if he or she refuses to do so willingly.

Read the full article by our Downers Grove civil litigation lawyers regarding the written discovery phase of litigation.

Motions for Summary Judgment Explained

Our Downers Grove dispute attorneys explain motions for summary judgment in civil litigation. Motions of summary judgment are used to ask the court to rule on some or all of the issues in a case without a trial. Courts will enter judgment without a trial if the movant can show that there is no genuine issue of material fact and that judgment is required as a matter of law. In layman's terms this means that courts will grant a motion for summary judgment when a trial is not necessary because there is no dispute as to the underlying facts of the case. In these types of cases, the court can apply the law to the undisputed facts.

Read the full article by our Downers Grove litigation lawyers explaining motions for summary judgment in Illinois litigation.

Downers Grove civil dispute attorney Kevin O'Flaherty disusses motions for summary judgment in Illinois litigation.

downers grove litigation lawyer

Our Downers Grove dispute attorneys explain motions for summary judgment in civil litigation. Motions of summary judgment are used to ask the court to rule on some or all of the issues in a case without a trial. Courts will enter judgment without a trial if the movant can show that there is no genuine issue of material fact and that judgment is required as a matter of law. In layman's terms this means that courts will grant a motion for summary judgment when a trial is not necessary because there is no dispute as to the underlying facts of the case. In these types of cases, the court can apply the law to the undisputed facts.

Read the full article by our Downers Grove litigation lawyers explaining motions for summary judgment in Illinois litigation.

Civil Litigation: Motions To Dismiss Explained

Downers Grove civil litigation attorney Kevin O'Flaherty explains motions to dismiss in civil litigation.

Downers Grove Civil Litigation lawyer
downers grove civil litigation attorney

In this article, our Downers Grove litigation attorneys discuss how important Motions to Dismiss are in potentially preventing costly litigation. 2-615 and 2=619 Motions to Dismiss are two options an experienced civil litigation attorney can use to quickly resolve disputes and limit court time and costs. Our civil attorneys at O'Flaherty law are skilled in all areas of civil litigation and dispute resolution and are committed to ensuring that our clients' matters are resolved quickly and resolutely

Read the full article by our Downers Grove litigaiton lawyers on motions to dismiss.

Further Reading from our

Downers Grove Civil Litigation Attorneys

downers grove civil dispute attorney