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DuPage County Litigation Attorney | Civil Litigation Lawyer, Dupage County IL

DuPage County Litigation Attorney | Civil Litigation Lawyer, Dupage County IL

Our Dupage County civil litigation attorneys will work hard to achieve an efficient, cost-effective outcome for your matter while aggressively protecting your rights. Our trained litigators have extensive experience in federal disputes involving fraud, defamation, negligence, commercial litigation, breach of contract, disputes between business partners, employment disputes, landlord/tenant disputes and evictions, construction law, and homeowners association disputes.

Our Dupage County civil litigation attorneys will work hard to achieve an efficient, cost-effective outcome for your matter while aggressively protecting your rights. Our trained litigators have extensive experience in federal disputes involving fraud, defamation, negligence, commercial litigation, 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, Dupage litigation attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your civil matter.

  • We Are Efficient and Affordable! Our DuPage litigation attorneys built their reputation by representing the "little guy" against more powerful opponents.  We focus on putting our clients in the best position to achieve a favorable result in an efficient and cost-effective manner.  At your free initial consultation we will be honest with you and set reasonable expectations regarding costs and outcomes.  You will never be surprised by a legal bill.
  • We Are Experienced Aggressive Advocates and Great at What We Do!  Our DuPage litigation attorneys have the skill and experience necessary to give you the competitive advantage you need to win or favorably settle your dispute.  Kevin O'Flaherty was named one of Suburban Life Magazine's Best Under 40 in 2015. In 2016 we received Avvo's Client's Choice Award due to the overwhelmingly positive response from our clients.  We look forward to being your aggressive advocate!
  • Our Clients Love Us Because We Go Above And Beyond!   In addition to providing skilled legal work at an affordable rate, our DuPage litigation attorneys are accessible and excellent communicators.  We affirmatively educate each of our clients about every development in their case and promptly respond to all calls and e-mails.  We have an A+ Rating with the Better Business Bureau and have never received a BBB complaint.  Many of our clients have been so thrilled with the service that we have provided that they have taken time out of their day to leave us glowing reviews.  At O'Flaherty Law, we are your community law firm, and we look forward to building a life-long relationship and earning your trust. 

Some of Our Accomplishments

Schedule a Free Consultation With Our

DuPage Civil Litigation Attorneys

dupage litigation lawyer

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

DuPage 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 Dupage County Civil Litigation Attorneys

civil lawyer dupage county illinois

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

Commercial Tenants' Rights to an Audit of Common Area Maintenance Charges

In many commercial leases, tenants are required to pay a share of taxes, utilities, and common area maintenance charges ("CAM").  The tenant's share will typically be proportional to the amount of space leased by the tenant relative to the total rentable space of the building.  This "additional rent" will fluctuate from year to year.  It is not uncommon for landlords to overcharge their tenants for CAM.   This is referred to as Common Area Maintenance Fraud.

‍If the tenant believes this is occurring, their best option is to audit the Landlord's expenses to ensure that all of the CAM paid by tenants is going toward actual expenses and that those expenses are for vendors and market value, rather than inflated prices.  

However, unless the lease provides a right to an audit, the landlord is not required to allow one.  In this case, the best option for the tenant is to rely on the implied covenant of good faith and fair dealing in the lease, or the fiduciary duty of the landlord (in the case where the Tenant prepays CAM before expenses are calculated) to obtain an accounting for expenses.  However, in the absence of a right to audit in the lease, the landlord may provide evidence of its expenses by any reasonable manner that it selects.  This means that the landlord can provide a simple list of its expenses, and the tenant will not be permitted to investigate further.  

Therefore, in order to protect yourself against common area maintenance fraud, it is important that your commercial lease include a right to audit the landlord's records.  ​

Read More
dupage civil attorney

In many commercial leases, tenants are required to pay a share of taxes, utilities, and common area maintenance charges ("CAM").  The tenant's share will typically be proportional to the amount of space leased by the tenant relative to the total rentable space of the building.  This "additional rent" will fluctuate from year to year.  It is not uncommon for landlords to overcharge their tenants for CAM.   This is referred to as Common Area Maintenance Fraud.

‍If the tenant believes this is occurring, their best option is to audit the Landlord's expenses to ensure that all of the CAM paid by tenants is going toward actual expenses and that those expenses are for vendors and market value, rather than inflated prices.  

However, unless the lease provides a right to an audit, the landlord is not required to allow one.  In this case, the best option for the tenant is to rely on the implied covenant of good faith and fair dealing in the lease, or the fiduciary duty of the landlord (in the case where the Tenant prepays CAM before expenses are calculated) to obtain an accounting for expenses.  However, in the absence of a right to audit in the lease, the landlord may provide evidence of its expenses by any reasonable manner that it selects.  This means that the landlord can provide a simple list of its expenses, and the tenant will not be permitted to investigate further.  

Therefore, in order to protect yourself against common area maintenance fraud, it is important that your commercial lease include a right to audit the landlord's records.  ​

Read More

Motions To Dismiss In Civil Litigation Explained

DuPage civil litigation attorney

Dupage litigation attorney, Kevin O'Flaherty, explains Motions to Dismiss in Civil Litigation.

DuPage civil litigation attorney

Our Dupage civil litigation lawyers explain motions to dismiss. Litigation cases begin with the filing of Complaints. A Complaint specifies a cause of action and the civil law that has been violated. It also outlines the damages that the Plaintiff is entitled to. 

The defendant then has two choices once the Complaint has been served:

  1. They can admit or deny the allegation listed in the Complaint and raise defenses by filing an Answer to the Complaint; or
  2. File a Motion to Dismiss. This states that the Complaint is defective, has no merit or there is another affirmative matter that requires the case to be dismissed.

Read more about Motions to Dismiss from Our Dupage County litigation lawyers

The Written Discovery Phase of Litigation Explained

In this article, our Dupage County civil litigation attorneys discuss the steps to obtaining written discovery.  Written discovery consists of four primary types of documents: 

  1. Written interrogatories; 
  2. Requests for production of documents; 
  3. Requests for admission of facts; and 
  4. Third party subpoenas

Typically, each side will initially object to certain interrogatories and requests for production, on one of the following bases:

  • that the discovery request seeks information that is not relevant to the case;
  • that the discovery request is overly broad (i.e., not narrowly tailored to discovering only relevant information);
  • that the discovery request is unduly burdensome (i.e., the burden of gathering the information sufficiently outweighs the relevance of the information); or
  • that the requested information is subject to attorney/client or some other privilege.

Read more about the discovery phase of litigation by our Dupage County civil litigation attorneys

Dupage County litigation attorney Kevin O'Flaherty discusses the written discovery phase of litigation.

dupage civil litigation lawyer

In this article, our Dupage County civil litigation attorneys discuss the steps to obtaining written discovery.  Written discovery consists of four primary types of documents: 

  1. Written interrogatories; 
  2. Requests for production of documents; 
  3. Requests for admission of facts; and 
  4. Third party subpoenas

Typically, each side will initially object to certain interrogatories and requests for production, on one of the following bases:

  • that the discovery request seeks information that is not relevant to the case;
  • that the discovery request is overly broad (i.e., not narrowly tailored to discovering only relevant information);
  • that the discovery request is unduly burdensome (i.e., the burden of gathering the information sufficiently outweighs the relevance of the information); or
  • that the requested information is subject to attorney/client or some other privilege.

Read more about the discovery phase of litigation by our Dupage County civil litigation attorneys

DuPage County Motions For Summary Judgment Explained

DuPage County litigation lawyer Kevin O'Flaherty explains motions for summary judgment in civil litigation.

DuPage civil litigation attorney
civil litigation attorney dupage county illinois

Our DuPage County civil defense attorneys discuss motions for summary judgment in civil litigation.  These request that a court rule on some or all of the issues in your case without having a trial.  Theses are typically granted if there is no genuine issue of material fact and judgment is appropriate as a matter of law.  We also explain the process for deciding motions for summary judgment, including briefing by both sides and oral arguments during the court hearing. 

 ​Read the full article by our DuPage County litigation attorneys explaining motions for summary judgment in DuPage County civil litigation. 

Further Reading from our

DuPage Civil Litigation Attorneys

civil litigation lawyer dupage county illinois