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Lake in the Hills Civil Litigation Attorneys | Litigation Lawyers, Lake in the Hills IL

Lake in the Hills Civil Litigation Attorneys | Litigation Lawyers, Lake in the Hills IL

Our experienced Lake in the Hills ​Litigation attorneys will be your advocate! We will aggressively protect your rights and fight on your behalf to achieve an efficient and cost-effective favorable outcome to your matter. Our knowledgable litigators have extensive experience in state and 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 goal is to settle your matter favorably as quickly and affordably as possible, so that you can move on with your life. Call us at (847)231-2102 or e-mail us at lakeinthehills@oflaherty-law.com​ to schedule a free consultation.

Our experienced Lake in the Hills ​Litigation attorneys will be your advocate! We will aggressively protect your rights and fight on your behalf to achieve an efficient and cost-effective favorable outcome to your matter. Our knowledgable litigators have extensive experience in state and 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 goal is to settle your matter favorably as quickly and affordably as possible, so that you can move on with your life. Call us at (847)231-2102 or e-mail us at lakeinthehills@oflaherty-law.com​ to schedule a free consultation.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

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

  • We Are Cost-Conscious! We are no stranger to cost-efficiency. We make sure that we handle your case with your budget in mind. We make a point come with a strategy at the outset that will match your budget. We will give you an idea of what to expect throughout your case and won't surprise you with outrageous unforeseen costs. You will have a great idea of what costs to expect and when to expect them during the process.  We take pride in our ability to provide the best services in the most affordable manner with client-communication.
  • We Put Your Interests First!  Our measure of success is our long-term relationships we develop with our clients. In order to do this, it is in our interest to keep our clients leaving happy, not feeling like our attorneys let the case draw out for longer than necessary. We bring your case to a speedy resolution, so that you think about the value you received when you decide to refer us or come back again in the future. The fact is 95% of cases settle before trial.  This means we look toward achieving a favorable settlement as early as possible. The earlier the case settles, the more both parties save on attorney fees and court costs. This does not mean we won't use all of our power to defend your rights all the way to trial if it becomes necessary.  We are simply the tool in your hands to get the best result.
  • We Are Your Aggressive Advocate!  Our team of Lake in the Hills litigation attorneys has a reputation for taking on some of the most difficult cases. Some competitor attorneys may find these cases too difficult to take on. We maintain the resources that put us along with the elite. No case is too complex or too large for us to take on. We also take on smaller cases that can be solved with a demand letter.  We are your advocate to take on whatever size case.

Some of Our Accomplishments

Schedule a Free Consultation With Our

Lake in the Hills Civil Litigation Attorneys

civil attorney lake in the hills il

Please contact our friendly

Lake in the Hills Civil Litigation Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Lake in the Hills

8411 Pyott Road, Ste. 107
Lake in the Hills
,
IL
60156
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 lake in the hills 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 Lake in the Hills Civil Litigation & Dispute Resolution Attorneys

lake in the hills civil lawyer

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
lake in the hills civil attorney

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

How Will I Be Represented?

Lake in the hills civil liitigation lawyer

In this Learn About Law Podcast & Law Blawg episode,Lake in the Hills Civil Litigation attorney Kevin O'Flaherty, explains Motions to Dismiss in Civil Litigation.

Lake in the hills civil liitigation lawyer

We start your case by setting reasonable expectations and goals. We are honest with the chances of success and the likelihood of court costs that will be down the road. 

‍We pride ourselves in our ability to speak in layman's terms. We take the time to communicate with you in a way you will understand rather than legalese. We are there every step along the way, making you fully comprehend the decisions that you will have to make throughout your matter. We work for you. We want to make sure you feel fully in charge of your litigation. 

We also have great client communication. We return phone calls promptly and will e-mail you if you are currently unavailable. We are even accessible after hours for emergencies on Kevin O'Flaherty's cell phone at (630)967-4697.  

Our goal is to make sure you leave our practice feeling like your case was properly handed by our trusted attorneys.  When you leave our practice happy, we know you are more likely to refer us or use us again. We are here to help you in your important legal matters and handle them in a timely fashion.

Inflection Points At Which Your Case Is Likely To Settle​

There are certain steps your case will go through during the entire litigation process. The vast majority of cases will settle before trial. It is in the best interest for both parties to solve the case sooner rather than later. The less time you spend disputing the case, the less money you spend on attorney fees and legal fees. However, this never means that we will sacrifice a favorable outcome in order settle. But we always look for options to give you to resolve your matter.    The following is a list of the stages in a litigation case there are possible resolutions to your suit:

  1. Demand Letter: ​Before we begin filing the lawsuit, our Lake in the Hills litigation attorneys issue a demand letter. The purpose of this letter is to let the recipient know that you have an attorney ready to pursue the case. We are able to normally settle our cases at the demand letter stage. A well-written letter that cites case law on our letterhead often can open settlement negotiations. This stage of settlement is ideal for clients who have nominal amounts to spend on attorney fees but want to see results.
  2. Filing and Service Upon The Defendant of a Complaint and Summons: ​Demand letters generally work, but the defendant may see one as an empty threat. If the defendant becomes non-responsive to the demand letter, we begin discussing ways to further the case in court. Filing a complaint is the next step that initiates the lawsuit in the eyes of the court.  A summons and complaint are prepared and served upon the defendant by the sheriff. At this point, most defendants choose to settle in order to avoid seeking legal representation. This action is not terribly costly and can be used to have the defendant really assess how prepared they are financially and legally to fight this case 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 Lake in the Hills 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.​

In this Learn About Law Podcast & Law Blawg episode, Lake in the Hills Civil Litigation attorney Kevin O'Flaherty, explains Motions for summary judgement in civil litigation.

civil litigation attorney lake in the hills il

There are certain steps your case will go through during the entire litigation process. The vast majority of cases will settle before trial. It is in the best interest for both parties to solve the case sooner rather than later. The less time you spend disputing the case, the less money you spend on attorney fees and legal fees. However, this never means that we will sacrifice a favorable outcome in order settle. But we always look for options to give you to resolve your matter.    The following is a list of the stages in a litigation case there are possible resolutions to your suit:

  1. Demand Letter: ​Before we begin filing the lawsuit, our Lake in the Hills litigation attorneys issue a demand letter. The purpose of this letter is to let the recipient know that you have an attorney ready to pursue the case. We are able to normally settle our cases at the demand letter stage. A well-written letter that cites case law on our letterhead often can open settlement negotiations. This stage of settlement is ideal for clients who have nominal amounts to spend on attorney fees but want to see results.
  2. Filing and Service Upon The Defendant of a Complaint and Summons: ​Demand letters generally work, but the defendant may see one as an empty threat. If the defendant becomes non-responsive to the demand letter, we begin discussing ways to further the case in court. Filing a complaint is the next step that initiates the lawsuit in the eyes of the court.  A summons and complaint are prepared and served upon the defendant by the sheriff. At this point, most defendants choose to settle in order to avoid seeking legal representation. This action is not terribly costly and can be used to have the defendant really assess how prepared they are financially and legally to fight this case 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 Lake in the Hills 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 in Civil Litigation Explained

In this Learn About Law Podcast & Law Blawg episode,Lake in the Hills CivilLitigation attorney Kevin O'Flaherty, discusses how motions to dismiss are used to end some civil disputes.

Lake in the hills civil liitigation lawyer
civil litigation lawyer lake in the hills illinois

The first step of every litigation case is filing a Complaint. This Complaint states 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:

(1) He or she can admit or deny each allegation listed in the Complaint and raise defenses by filing an Answer to the Complaint; or

(2) 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 Lake in the Hills litigation lawyers

Further Reading from our

Lake in the Hills Civil Litigation Attorneys

lake in the hills litigation attorney