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Elmhurst Litigation Attorney | Civil Liitigation Lawyer, Elmhurst IL

Elmhurst Litigation Attorney | Civil Liitigation Lawyer, Elmhurst IL

Our experienced team of Elmhurst Litigation attorneys will put your interests first. From the outset of your case, we will set reasonable expectations regarding costs and outcomes. We will be your trusted adviser, seeking a favorable resolution to your matter as quickly, efficiently, and cost-effectively as possible while aggressively pursuing every legal avenue to defend your rights.

Our experienced team of Elmhurst Litigation attorneys will put your interests first. From the outset of your case, we will set reasonable expectations regarding costs and outcomes. We will be your trusted adviser, seeking a favorable resolution to your matter as quickly, efficiently, and cost-effectively as possible while aggressively pursuing every legal avenue to defend your rights.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, Elmhurst litigation attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your civil matter.

  • We Are Cost-Conscious And Cost-Effective!  Our Elmhurst litigation attorneys are conscious of the costs associated with dispute resolution and litigation.  We work efficiently to obtain a favorable result in an affordable manner.  Your litigation case should be treated as an investment, and we ensure that your case strategy makes financial sense.  
  • We Are Experienced Aggressive Advocates and Great at What We Do!  Kevin O'Flaherty began his career as a litigator, handling multi-plaintiff complex commercial lawsuits in both state and federal court.  Kevin was named one of Suburban Life Magazine's Best Under 40.  Our team of Elmhurst litigation attorneys have the skill and experience necessary to give you the advantage you need to win or favorably settle your case. 
  • Our Clients Love Us Because We Go Above And Beyond!  Our Elmhurst litigation attorneys are accessible and client focused.  We are available 24/7 to answer questions or resolve any emergency issues that may arise.  It is our policy to promptly return your calls and e-mails, and to affirmatively inform you and educate you on any developments in your case.  Our client-focused approach has caused many of our clients to take the time to leave us glowing reviews.  Due to the overwhelmingly positive response from our clients, we are a proud recipient Avvo's Client Choice Award.  We look forward to the chance to "wow" you with our above-and-beyond client service!

Some of Our Accomplishments

Schedule a Free Consultation With Our

Elmhurst Civil Litigation Attorneys

elmhurst civil attorney

Please contact our friendly

Elmhurst Civil Litigation Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Elmhurst

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

civil lawyer elmhurst illinois

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 Elmhurst Litigation Attorneys

elmhurst litigation attorney

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
elmhurst litigation lawyer

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?

elmhurst civil litigation lawyer

In this Learn About Law podcast & videoblog, Elmhurst civil litigation attorney Kevin O'Flaherty of O'Flaherty Law discusses the Illinois appeals process.

elmhurst civil litigation lawyer

Our Elmhurst litigation attorneys put your interests first.  At O'Flaherty Law, our goal is to build lifelong relationships with our litigation clients.  In order to have you walk away happy and recommend us to your friends and family, we focus on making sure you spend as little as possible on legal fees by working to settle your case favorably and quickly. 

The best outcome for our clients is not always a trial, even a successful trial.  95% of cases settle before trial.  Unlike some attorneys more concerned with the prestige of winning a case at trial than obtaining the best result for their clients, we will inform you that, since your case is likely to settle, it is best to work hard on settlement as early as possible, so as little money as possible goes to pay the attorney fees of each side, the defendant's costs are minimized, and the plaintiff's gain is maximized.  

Our first step is to educate our clients on inflection points in a typical case, at which cases are likely to settle, which we will discuss below.  Then, our Elmhurst litigation attorneys break the case into phases between each of these inflection points, and honestly and realistically set expectations for our clients as to the cost of each phase of litigation and the likelihood of success or settlement after each phase.  If we are unable to achieve a favorable settlement at any of the expected inflection points in the case, we will be your aggressive advocates and pursue every avenue under the law to defend your rights and win your case. ​

Read the full article by our Elmhurst litigation attorneys explaining the Illinois appeals process.

Inflection Points At Which Your Case Is Likely To Settle

There are several points in the timeline of a dispute in which the parties are likely to come to a settlement.  Our Elmhurst litigation attorneys will reevaluate your case with you at each stage, and plan with you based on the expected costs of the next phase of the case, and the likelihood of achieving the settlement you desire.  

  1. Demand Letter:  Small disputes are likely to settle after a well-worded letter citing the relevant facts and applying the statutory and case law to those facts, informing the other side of the full ramifications if a settlement is not achieved within a specified time period.  Oftentimes this letter will either spur the other party to settle before paying for their own attorney, or have their attorney initiate negotiation by phone. 
  2. Complaint & Summons:  If the defendant is not taking the plaintiff's claims seriously after the issuance of a demand letter, he or she may be spurred to engage in settlement negotiations after being served by a sheriff with a Complaint, which initiates a lawsuit against them, and a Summons, which requires them to appear in court on a specified return date.  At this point, the defendant understands that the threat of litigation was not an idle one, and that he or she will now have to hire an attorney.  A good attorney will realistically explain the defendant's prospects of success as well as the costs associated with a failure to settle the case, and will often encourage settlement.  This is why many cases settle shortly after the plaintiff files the Complaint. 
  3. Pre-Trial Settlement Conference or Mediation: If the plaintiff and defendant are not properly motivated to settle immediately after the lawsuit has been initiated, the next point at which the case is likely to settle is at a pre-trial settlement conference or mediation.  These are typically conducted either at the conclusion of written discovery or shortly before trial.  A pre-trial settlement conference is a meeting of the judge with both the plaintiff and the defendant, wherein the judge attempts to convince both parties to come together to settle the case.  A mediation is similar, but instead of the judge, a third party mediator (usually a retired attorney or judge) will attempt to bring the parties together.  Pre-trial settlement conferences and mediations are incredibly effective.  They are typically held once both sides have a good idea of the viability of their cases, and the judges and mediators can be very convincing and creative in structuring a settlement that both parties can accept.    
  4. After Depositions Have Been Conducted: The next point at which cases are likely to settle is after all of the primary witnesses have been deposed.  At this point each party's cards are on the table.  Both sides know what factual and legal arguments the other side will make, and both sides will have a good estimation of their own prospects for success at trial.  This will often allow them to agree on the actual value of the plaintiffs' claims. 
  5. Immediately Prior to Trial:  Many cases settle the morning of trial, during trial, or after each party has put on the case, but before the judge issues his or her ruling.  At this point, both parties are faced with an all-or-nothing outcome and realize that the other side will not be bluffed into changing their settlement position.  Often, when faced with a final and immediate decision on whether to meet in the middle or take the risk of trial, the parties will choose settlement.

Since most cases end in settlement, our Elmhurst litigation attorneys work from the outset to get you the settlement you desire at the earliest possible stage of your case.  Early settlements tend to be more favorable to both the plaintiff and defendant, because the earlier a case settles, the less each side will have spent on attorney fees, making it easier for both sides to meet in the middle.  At O'Flaherty Law our philosophy puts more money in our clients' pockets, as opposed to those of the attorneys for each side.

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

In this Learn About Law podcast & videoblog, Elmhurst civil litigation lawyer Kevin O'Flaherty of O'Flaherty Law discusses Motions For Summary Judgment in civil litigation.

civil litigation attorney elmhurst il

There are several points in the timeline of a dispute in which the parties are likely to come to a settlement.  Our Elmhurst litigation attorneys will reevaluate your case with you at each stage, and plan with you based on the expected costs of the next phase of the case, and the likelihood of achieving the settlement you desire.  

  1. Demand Letter:  Small disputes are likely to settle after a well-worded letter citing the relevant facts and applying the statutory and case law to those facts, informing the other side of the full ramifications if a settlement is not achieved within a specified time period.  Oftentimes this letter will either spur the other party to settle before paying for their own attorney, or have their attorney initiate negotiation by phone. 
  2. Complaint & Summons:  If the defendant is not taking the plaintiff's claims seriously after the issuance of a demand letter, he or she may be spurred to engage in settlement negotiations after being served by a sheriff with a Complaint, which initiates a lawsuit against them, and a Summons, which requires them to appear in court on a specified return date.  At this point, the defendant understands that the threat of litigation was not an idle one, and that he or she will now have to hire an attorney.  A good attorney will realistically explain the defendant's prospects of success as well as the costs associated with a failure to settle the case, and will often encourage settlement.  This is why many cases settle shortly after the plaintiff files the Complaint. 
  3. Pre-Trial Settlement Conference or Mediation: If the plaintiff and defendant are not properly motivated to settle immediately after the lawsuit has been initiated, the next point at which the case is likely to settle is at a pre-trial settlement conference or mediation.  These are typically conducted either at the conclusion of written discovery or shortly before trial.  A pre-trial settlement conference is a meeting of the judge with both the plaintiff and the defendant, wherein the judge attempts to convince both parties to come together to settle the case.  A mediation is similar, but instead of the judge, a third party mediator (usually a retired attorney or judge) will attempt to bring the parties together.  Pre-trial settlement conferences and mediations are incredibly effective.  They are typically held once both sides have a good idea of the viability of their cases, and the judges and mediators can be very convincing and creative in structuring a settlement that both parties can accept.    
  4. After Depositions Have Been Conducted: The next point at which cases are likely to settle is after all of the primary witnesses have been deposed.  At this point each party's cards are on the table.  Both sides know what factual and legal arguments the other side will make, and both sides will have a good estimation of their own prospects for success at trial.  This will often allow them to agree on the actual value of the plaintiffs' claims. 
  5. Immediately Prior to Trial:  Many cases settle the morning of trial, during trial, or after each party has put on the case, but before the judge issues his or her ruling.  At this point, both parties are faced with an all-or-nothing outcome and realize that the other side will not be bluffed into changing their settlement position.  Often, when faced with a final and immediate decision on whether to meet in the middle or take the risk of trial, the parties will choose settlement.

Since most cases end in settlement, our Elmhurst litigation attorneys work from the outset to get you the settlement you desire at the earliest possible stage of your case.  Early settlements tend to be more favorable to both the plaintiff and defendant, because the earlier a case settles, the less each side will have spent on attorney fees, making it easier for both sides to meet in the middle.  At O'Flaherty Law our philosophy puts more money in our clients' pockets, as opposed to those of the attorneys for each side.

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

Illinois Motions to Dismiss Explained

In this Learn About Law podcast & videoblog, Elmhurst Civil Litigation & Dispute Resolution attorney Kevin O'Flaherty of O'Flaherty Law discusses Illinois Litigation: Motions To Dismiss Explained

elmhurst civil litigation lawyer
civil litigation lawyer elmhurst illinois

In this article, our Elmhurst litigation attorneys explain motions to dismissed. A Rule 2-615 Motion to dismiss can be filed in a civil case in order to have the complaint dismissed for failure to state facts amounting to a cause of action that would entitle the plaintiff to relief. A Rule 2-619 Motion to Dismiss is filed if there is an affirmative matter outside of the wording of the complaint that should cause the case to be dismissed, such as the case having already been previously decided.

Read the full article by our Elmhurst litigation attorneys explaining motions to dismiss in civil litigation.

Further Reading from our

Elmhurst Civil Litigation Attorneys

dispute resolution attorney elmhurst il