Lake in the Hills Civil Litigation Attorneys

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.

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.​

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