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Naperville Civil Litigation Attorneys | Litigation Lawyers, Naperville IL

Naperville Civil Litigation Attorneys | Litigation Lawyers, Naperville IL

Our experienced Naperville 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 experienced 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.

Our experienced Naperville 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 experienced 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.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, Naperville civil 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!  We understand that the last thing you want to be spending your hard-earned money on is an attorney.  When handling your case, we always have an eye toward the cost-benefit analysis of your options.  We will set realistic expectations regarding the costs associated with your case at the outset, and will not surprise you with fees you were not expecting.  We pride ourselves in achieving optimal solutions for our clients in the most affordable manner possible. 
  • We Put Your Interests First!  Our goal is not to make money for our firm off of your case, but rather to bring your case to a speedy and favorable conclusion, so that you walk away raving about the value that you received from our Naperville litigation attorneys.  95% of cases settle before trial, so we are always working with an eye toward achieving a favorable settlement for our clients as early in the case as possible.  We have found that if a case settles earlier in the process, each side spends less in attorney fees and the settlement is more beneficial to all parties involved.  However, we will not hesitate to aggressively defend your rights at trial if necessary.  We are the tool in your hands.  Our job is to advise you and protect you, but you remain ultimately in control of all major decisions in your case. 
  • We Are Your Aggressive Advocate!  Our team of Naperville litigation attorneys has a reputation for taking on cases that other attorneys may find too difficult to handle.  We have significant resources and experience that our firm can bring to bear, so that no case will be too complex or to big for us to take to trial and achieve a favorable result.  We are also excellent at handling small matters that may be resolved with a demand letter in an efficient and cost-effective manner.   We are your shield and your advocate, and we are here to fight for you.  

Some of Our Accomplishments

Schedule a Free Consultation With Our

Naperville Civil Litigation Attorneys

naperville civil lawyer

Please contact our friendly

Naperville Civil Litigation Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Naperville

105 Jackson Avenue, Ste. 4b
Naperville
,
IL
60540
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

naperville civil attorney

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 Naperville Civil Litigation Attorneys

civil attorney naperville illinois

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 naperville il

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​

naperville civil litigation lawyer

In this Learn About Law podcast & videoblog, Naperville litigation attorney Kevin O'Flaherty of O'Flaherty Law discusses Motions For Summary Judgment in civil litigation. Courts will grant a motion for summary judgment and enter judgment in favor of the party filing the motion when the party filing the motion can show that: (1) there is no dispute as to the material facts of the case; and (2) based on the undisputed facts, the party filing the motion is entitled to judgment as a matter of law.

naperville civil litigation lawyer

In this article, Naperville litigation lawyer Kevin O'Flaherty explains inflection points at which your case is likely to settle. 95% of cases settle prior to trial.  The earlier in the process that we are able to settle your case, the less you will have to spend on attorney fees and court costs.  We will not sacrifice a favorable outcome for a quick settlement, but we are always looking for an opportunity to resolve your matter.  The following is a list of the stages in a litigation case at which cases tend to be settled:

  1. Demand Letter: Prior to filing suit, our Naperville litigation attorneys will typically issue a demand letter threatening suit and stating our settlement position.  A well written letter, citing case law, on attorney letterhead will often be sufficient to encourage the other side to open settlement negotiations.  Most of our cases settle at the demand letter stage.  This is great for our clients, who only have to spend a nominal amount on attorney fees.  
  2. Filing and Service Upon The Defendant of a Complaint and Summons: Sometimes a defendant will consider the demand letter to be an empty threat.  If a defendant is non-responsive to your demand letter, we will discuss filing suit in court.  It is typically not terribly costly to prepare a complaint to initiate the lawsuit.  Once the summons, requiring the defendant to appear in court, and the complaint are served upon the defendant by the sheriff, defendants often attempt to settle.  This is the point at which they typically have to begin paying an attorney, and they understand that the case will not go away simply by ignoring the plaintiff.  We work hard to settle the case at this stage, before either side accumulates significant attorney fees. 
  3. Pre-Trial Settlement Conference or Mediation at the Completion of Written Discovery: After the defendant has responded to the allegations of the complaint, the next stage in the case is for each side to issue written discovery.  Written discovery is a set of questions that the other side must answer and a request for all relevant documents.  After discovery has been responded to, both sides will have a pretty clear picture of their chances at trial.   At this point, we will typically request a settlement conference, where each side speaks to the judge and the judge assists in settling the case.  More often than not, cases will settle at this stage with the judge's assistance. 
  4. After Depositions: If the parties are unable to settle the case at the conclusion of written discovery, the next step is to take depositions (interviews on the record) of the other party's key witnesses.  After these depositions have been taken is another inflection point at which cases are likely to settle, because everyone's cards are on the table.
  5. Immediately Prior to Trial: After depositions are completed, a trial date will be set.  The few cases that have not settled by this point, will usually be resolved in a last-ditch conference between the parties and their attorneys on the day of trial.  Sometimes, cases will even settle after the presentation of evidence, but before the judge has made his or her ruling.  In a close case, judges will often work to encourage this, so they can avoid giving an all-or-nothing ruling. 

Our Naperville litigation attorneys will work to resolve your dispute at the earliest possible stage in your case, in order to achieve the optimal result for all parties, with the minimum possible amount going toward attorney fees and court costs.  If an early favorable settlement is not possible, we will staunchly protect your rights at trial.  We truly care about the outcome of your case, because, to us, you are not just a file.  You are a person with whom we are hoping to build a long-term relationship.  This will only happen if you walk away feeling that you were represented aggressively, efficiently, and cost-effectively.  That is our mission. ​

The Pleading Phase of Civil Litigation

In this article, our Naperville litigation attorneys explain the pleading phase of Illinois civil litigation. A plaintiff initiates a civil suit by filing a Complaint with the appropriate court.  The purpose of the Complaint is to state a formal cause of action, which consists of a series of allegations showing that the Defendant violated civil law and that the plaintiff is entitled to damages or other relief.  

Once the defendant has been served with the Complaint, the defendant can do one of two things:  

(1) She can file an Answer to the Complaint, either admitting or denying each of the allegations of the complaint and raising affirmative defenses defeating the causes of action stated in the Complaint; or

(2) She can file a Motion to Dismiss, arguing that either the Complaint is defective on its face, or that there is some other affirmative matter that requires the case to be dismissed. 

If the plaintiff chooses to file a Motion to Dismiss, there are two types of Motions to Dismiss that she can choose from.  Each is named after the section of the Illinois Code of Civil Procedure that provides for its existence.  A 2-615 Motion to Dismiss argues that the complaint fails to state a cause of action or is otherwise defective on its face.  A 2-619 Motion to Dismiss argues that there is an affirmative matter that requires the complaint to be dismissed early in the litigation process. 

Read the full article by our Naperville litigation lawyers explaining pleadings in civil litigation.

Naperville litigation lawyer Kevin O'Flaherty explains motions to dimiss in Illinois civil litigation.

civil litigation attorney naperville il

In this article, our Naperville litigation attorneys explain the pleading phase of Illinois civil litigation. A plaintiff initiates a civil suit by filing a Complaint with the appropriate court.  The purpose of the Complaint is to state a formal cause of action, which consists of a series of allegations showing that the Defendant violated civil law and that the plaintiff is entitled to damages or other relief.  

Once the defendant has been served with the Complaint, the defendant can do one of two things:  

(1) She can file an Answer to the Complaint, either admitting or denying each of the allegations of the complaint and raising affirmative defenses defeating the causes of action stated in the Complaint; or

(2) She can file a Motion to Dismiss, arguing that either the Complaint is defective on its face, or that there is some other affirmative matter that requires the case to be dismissed. 

If the plaintiff chooses to file a Motion to Dismiss, there are two types of Motions to Dismiss that she can choose from.  Each is named after the section of the Illinois Code of Civil Procedure that provides for its existence.  A 2-615 Motion to Dismiss argues that the complaint fails to state a cause of action or is otherwise defective on its face.  A 2-619 Motion to Dismiss argues that there is an affirmative matter that requires the complaint to be dismissed early in the litigation process. 

Read the full article by our Naperville litigation lawyers explaining pleadings in civil litigation.

Motions to Dismiss in Civil Litigation Explained

Naperville litigation attorney Kevin O'Flaherty explains the Illinois appeals process in civil cases.

naperville civil litigation lawyer
civil litigation lawyer naperville illinois

In this article, our Naperville litigation lawyers explain motions to dismiss in civil litigation. Civil Courts will grant a 2-615 Motion to Dismiss if there is a defect in the Complaint that makes the Complaint procedurally improper.  The most common basis for a 2-615 Motion to Dismiss is that the Complaint does not contain the required allegations to state a proper cause of action.  For example in order to state a cause of action for assault, the plaintiff must make the following allegations in her Complaint: (1) an intentional act; (2) directed toward the plaintiff; (3) that causes the plaintiff a reasonable apprehension of an imminent offensive contact with the plaintiff's person.  If one of these allegations is missing from the Complaint, the plaintiff has failed to state a proper cause of action and the case will be dismissed.  

Ideally, courts try to get to the substance of the case, as opposed to getting hung up on procedural issues, so courts liberally review the complaint and assess the allegations in the light most favorable to the plaintiff.  For the purpose of the Motion to Dismiss, the court will assume that all of the allegations are true, and pose the question: "If all of plaintiff's allegations are taken to be true, would the plaintiff be entitled to relief?"  If so, then the plaintiff has successfully stated a cause of action and the Motion to Dismiss will typically be denied. 

‍Another common circumstance in which a Motion to Dismiss  will be filed is when the complaint lacks the required factual specificity.  In Illinois, unlike federal court, civil Complaints must state factual allegations, as opposed to mere conclusions of law.  So, what does this mean?  Let's revisit our assault example.  In this case, the assault case might be dismissed if the plaintiff simply states that the defendant made an intentional act which caused apprehension of offensive contact, rather than alleging what exactly that act was.  

‍If the 2-615 Motion to Dismiss is granted, the case will typically be dismissed without prejudice, meaning that the Plaintiff is allowed to correct any procedural or drafting errors and file an amended version of the Complaint to reinitiate the case.  If the nature of the defect in the Complaint is such that it would not be resolved by amending the Complaint, the case will be dismissed with prejudice, and the Plaintiff will not be permitted to refile. 

‍2-619 Motions to Dismiss

Unlike a 2-615 Motion to Dismiss, which deals with defects in the drafting of the Complaint,  A 2-619 Motion to Dismiss asserts reasons that the Complaint should be Dismissed that do not arise from the face of the complaint itself.  In a 2-619 Motion to Dismiss, the movant (the person filing the motion) is limited to the following bases for the motion that are listed in the Code of Civil Procedure:

  1. The court does not have jurisdiction to hear the case; 
  2. The plaintiff or the defendant do not have legal capacity to sue or be sued, respectively; 
  3. There is another lawsuit pending between the same parties based on the same cause of action; 
  4. There is a prior judgment based on the present cause of action that bars the current lawsuit; 
  5. The lawsuit was not commenced within the time required by the statute of limitations; 
  6. The claim in question has been previously released, satisfied, or discharged in bankruptcy; 
  7. The claim is unenforceable under the Statute of Frauds, which requires that certain types of contracts be in writing; 
  8. The claim is unenforceable because the defendant is not an adult or has a disability; 
  9. The claim is barred by some other affirmative matter that legally defeats it.  

Also unlike a 2-615 motion which does not consider the truth of the actual facts of the case, a 2-619 Motion to Dismiss must be supported by an Affidavit of the Defendant, proving the truth behind the basis for the motion. 

The Motion to Dismiss Process Explained

The Plaintiff's attorney will often choose not to argue a 2-615 Motion to Dismiss if the issues raised in the motion could be resolved by the plaintiff simply amending her Complaint.  In this case the plaintiff's attorney will simply seek leave from the court to file an Amended Complaint, and the Motion to Dismiss will be moot.   

In the case of a 2-619 Motion to Dismiss or a disputed 2-615 Motion to Dismiss, there is a several month process before the Court rules on the Motion.  

  • First, the defendant will file a brief called a memorandum in support of the motion to dismiss that lays out in detail the defendant's argument for dismissing the complaint and cites to relevant statutes and case law.  
  • Next, the plaintiff's attorney will make her counter-argument in a Response Brief.  
  • The Defendant will then file her second brief, called a Reply, which addresses the arguments raised by the plaintiff in the Response.  
  • All three briefs will be submitted to the Court and the attorneys will make their arguments before the court at a hearing on the Motion, and the court will make a ruling either granting or denying the motion.  

Read the full article by our Naperville litigation lawyers explaining motions to dismiss in Illinois civil litigation.

Further Reading from our

Naperville Civil Litigation Attorneys

naperville litigation lawyer