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A professional limited liability company is a specialized type of limited liability company that is meant for licensed professionals, such as dentists, chiropractors, physicians, accounters, architects, etc. PLLCs exists because many states do not allow LLCs to be formed by professionals whose work requires a license. In this article, we discuss the difference between a PLLC and an LLC, forming a PLLC, and what to do after forming your PLLC.…
Last week, the Illinois Supreme Court Commission on Access to Justice approved a new Small Claims Complaint form suite and the Motion to Appoint Special Process Server. The development of these new form suites is part of a larger initiative to make court forms easier to understand and more accessible for all Illinoisans. The forms are available for comment until May 1, 2020. Comments may be submitted through the court’s website or by emailing Kathleen Callahan at kcallahan@illinoiscourts.gov. After the public comment period ends, the Commission on Access to Justice will review the feedback and suggestions and make any necessary…
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Never has the phrase “no time like the present” been more true than right now. For many, estate planning is something you do so that when you’ve reached your golden years you can rest easy knowing your assets will be handled properly after you pass on. None of us wants to think of the “plan” in estate planning as something that will come to fruition in the next few months. But we can’t ignore what’s going on around us, especially those in the high-risk categories including the elderly and those with multiple comorbidities. Please know, this is not a medical…
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As the number of individuals testing positive for the Novel Coronavirus increases in the United States, and with it the public’s uncertainty of what will happen next, the economic fallout has led many to wonder how they will pay their bills or if they’ll have a roof over their heads in the coming months. In response to these concerns and the growing number of people filing for unemployment, the administration announced steps to stabilize the housing market, protect homeowners, and keep those facing eviction in their current dwellings until the outbreak is under control. Mortgage Freeze The Department of Housing…
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An email lands in your inbox. It begins: Following recently updated guidelines from the CDC, we have made the difficult decision to move the course you’re scheduled to present this month to an online webinar session. If you’re scheduled to present a CLE in the next few months, you may have received a similar email. You had committed to a CLE presentation in front of a friendly crowd of attorneys seated in a nice conference room that had decent snacks. Instead, your commitment now is to a small laptop in your “home office,” also known as the room in…
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“We want people to trust the judicial branch in good times. We want people to trust the judicial branch even more in bad times.”  Dan Wallis, Trial Court Administrator of Illinois’ 22nd Judicial Circuit, offered this remark to over 300 members of the Illinois judicial branch on March 19, 2020. He, along with Chief Judge Gene Doherty of the 17th Judicial Circuit, were presenting the timely webinar, “Access to Justice and Emergency Preparedness in a Pandemic,” for the Illinois Judicial College. The program was reassuring, not only due to the preparedness of the courts in ensuring the delivery of justice…
Owning a business comes with inherent risk. Adding employees and hiring independent contractors is great as it means your business is growing, however, each new employee is a potential source of conflict. While having a thorough hiring process will weed out any bad apples, a detailed contract, including a non-compete clause, will ensure trust, transparency, and protection for both the business and the employee.…
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In this article, we’ll answer questions like: “Is it safe for my child to travel between households during the Covid-19 outbreak?”  “What should I do if I’m concerned my child might get Covid-19 at her other parent’s house?” “Can I petition to have my child stay at my house until the risk of Covid-19 has decreased” “What happens if we both get sick with Covid-19 and can’t care for our child?” “What happens to our child custody agreement during school closures?” Schools Closures Schools in Illinois and Iowa began closing last week in response to the growing danger and uncertainty…
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The Illinois Supreme Court Commission on Professionalism would like to recognize former Commissioner and Advisor to the Commission Hon. Michael P. McCuskey for his 15 years of service. McCuskey’s term as Advisor to the Commission ended on March 9, 2020, pursuant to Illinois Supreme Court guidelines. “As one of our first Commissioners, Judge McCuskey has been instrumental in establishing the Commission on Professionalism as a leading advocate for civility, integrity, and inclusion in the legal and judicial professions,” said Martin Sinclair, Chair of the Commission. “In his 15 years with the Commission, he has been both a valuable mentor and…
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ISBA members: The health and safety of our members and staff is of the utmost importance to the ISBA. While developments related to COVID-19 continue to unfold, the ISBA is closely monitoring a variety of public health sources. In light of Friday’s Executive Order, the ISBA’s offices will be closed through April 7, but staff will continue to telecommute and member services will remain uninterrupted. We will not be having any in-person events, in-person CLE, or in-person business meetings through April 30. During this time, the ISBA will be providing information and practice resources to assist our members as…
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In this article, we’ discuss deportation versus inadmissibility, common reasons for inadmissibility and deportation, defenses to deportation, and the removal process. The risk of deportation is a very real and very frightening possibility for a number of immigrants in the United States. Facing removal proceedings can be frustrating and confusing, especially since it is likely the first exposure many may have with the US justice system. Removal is a process by which the government attempts to remove a non-citizen from the United States and place her in her country of origin or another country that will accept her. However, an…
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As a handful of major metropolitan cities and states begin issuing shelter-in-place orders and possible future quarantine we are left asking ourselves questions such as, “Is it legal for me to go outside anymore?” “The airports are still open, can I fly?” “Will I get arrested for walking my dog?” That last question might sound a little ridiculous, but during an unprecedented time, with local officials issuing different statements around the country, its difficult to discern real news from fear-mongering.  Federal and CDC Authority What is definitely not fake is the power of the federal and state government to issue…
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The uncertainty of the Coronavirus doesn’t mean you can or should put your legal needs on hold. O’Flaherty Law has always offered in-person consultations at our nine convenient locations, but did you know that you can receive a consultation and receive legal services from one of our experienced and knowledgeable attorneys without leaving your home? Our attorneys are happy to speak to you by phone, by virtual consultation, by email or with a traditional in-person consultation. To schedule a consultation, please call us at (630) 324-6666, email us at info@oflaherty-law.com or book a consultation online. Should you choose…
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In this article, we’ll define “force majeure” and discuss if this type of clause can really be enforced, how the language of the contract affects a force majeure clause and how to prove or disprove the validity of force majeure clauses in business contracts. To say the world of business has been turned upside down, inside out and set on fire by the coronavirus might be an understatement. History has shown us that traumatic, world-changing events are not kind to maintaining business-as-usual; with small businesses often taking the brunt of the disruption. As of writing this, uncertainty due to the…
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Social distancing is becoming the new normal. Yet, it was only two weeks ago that I attended an excellent program on women in the law where the common theme was supporting women lawyers so they can lead in the workplace. The event was the Summit on Advancing Women in the Law, which was organized by the ABA Commission on Women in the Profession and the Women’s Bar Association of Illinois. It was a great way to kick off Women’s History Month. I took away many valuable insights but want to focus on the last panel of the afternoon, which…
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In this article, we discuss limited partnerships, the requirements for setting up a limited partnership, the benefits and disadvantages to setting up a limited partnership in Iowa, and the process for setting up the limited partnership. What is a Limited Partnership? A limited partnership is a legal way to structure a business between two or more individuals or entities. Normally, in a limited partnership, there is a general partner and limited partners. The general partner is tasked with managing the business and overseeing operations while the limited partners have no direct management of the company. As the name implies, the…