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By Mark Van Donselaar, Partner – Churchill, Quinn, Richtman & Hamilton, Ltd

 

It wasn’t long after I started practicing law (commercial litigation in particular) in 2005 that I came to realize I wasn’t very good at explaining what it was that I actually did.  At parties or social events, it was easy enough to say, “I’m an attorney”.   I was capable of that.  And don’t get me wrong, I understood what I did. I understood (at least marginally well) the issues of law that I was dealing with and the procedural aspects of the law. But when it came to telling others what kind of work I did, that’s where I struggled.

Commercial Litigation is Wide Reaching

You see, from the outset of my legal career, I practiced primarily in the area of commercial litigation – sometimes also referred to as business litigation. Whether called commercial litigation or business litigation, either can refer to an astounding variety of litigation. If I were to just scratch the surface as to the types of matters that could be included under the umbrella of “commercial litigation” it would include, but by no way be limited to: breach of contract disputes, fraud cases, breach of fiduciary duty claims, debt collection cases, construction cases, all manner of real estate disputes, shareholder and partnership disputes, mechanics lien cases, landlord-tenant disputes, restrictive covenant claims, and the list goes on and on and on.

One thing that I’ve always loved about my type of practice, is that there is endless variety. However, you can imagine that when explaining to other people (especially non-attorneys) what it was that I did, it didn’t take long for their eyes to glass over. I was jealous of the family law or criminal defense attorney who could explain his or her area of practice, which nearly everyone could easily relate to.

Over the years, I think I’ve gotten better at explaining the area of law in which I practice and the type of work that I do. I’ve found that giving good concrete examples of what I’ve done for clients is often better than saying “I practice in the area of commercial litigation”. That leads me to a recent client success story.

A Success Story for our Commercial Client

A client came to me in September of 2019 with a problem.  This client is engaged in business as a material supplier for construction work.  In other words, they sell everything from lumber, trusses, windows, and millwork that are used in construction.  As is typical in the world of construction and material suppliers, this client typically sells materials to its customers on credit. They were having problems with a customer who was well outside of its payment terms, so my client was looking to help to secure and collect upon the debt owed by the customer.

Upon reviewing the situation with the client, I learned that they were still able to perfect their mechanics lien rights for the majority of the balance that was owed by the customer. The mechanics lien allowed us to stake a claim against the real estate where the client’s materials were used, for the balance due my client for the materials that it provided.  We perfected our mechanics lien on the real estate, and shortly afterwards we brought litigation based on that lien.

We served the owner of the real estate with the lawsuit, and it didn’t take long for discussions to begin between myself and the attorney for the owner of the real estate. The customer was also served with the lawsuit, but it quickly became obvious that the customer had no ability to pay my client. Further discussions and informal discovery (sharing documents) with the owner’s attorney took place. Finally, the property was inspected to confirm that the materials furnished by my client were actually used for the construction and were of good quality.

I’m happy to report that after all of the foregoing, my client received the full dollar amount of the mechanics lien that we recorded on their behalf.  This matter was a textbook case demonstrating the value and importance of having a mechanics lien. The mechanics lien that we recorded secured the client’s ability to recover payment from the owner of the real estate where the work was done. Without the mechanics lien, the client’s claim would have been limited to a claim against its customer, which had no ability to pay.

I’ve been representing clients on mechanics liens throughout my career. While it (and commercial litigation in general) is sometimes a hard area of law to explain to other people, and does not make for the best stories at cocktail parties, the reward that comes with it are results like we recently obtained for our client.

Contact Churchill, Quinn, Richtman & Hamilton, Ltd for Your Business Needs

Whatever legal dispute your business may be faced with, our experienced team can provide the necessary support to successfully win your case.  Contact our office at 847-223-1500 to learn more or to schedule a consultation.

 

Covid-19 has deeply affected businesses of all sizes.  In these uncertain times, “business as usual” just doesn’t exist.  Employers are trying their best to keep their businesses open while also focusing on employee safety during a pandemic.

Develop Procedures to Prevent Infection

Having procedures in place that help reduce the chance of infection can go a long way in the fight for employee safety, and to promote a healthier and safer workplace.  Some examples could be:

• Encourage frequent hand-washing
• Provide hand sanitizer throughout the workplace that is at least 60% alcohol
• Keep individual work spaces and office equipment (such as phones or desks) isolated by installing additional barriers and/or discouraging use by more than one employee
• Maintain regular or enhanced cleaning procedures throughout the workplace. This could include more frequent cleanings, electrostatic spraying, etc. to disinfect high-touch areas and equipment
• Encourage mask or other PPE use by employees when appropriate, and ask customers or visitors to wear face coverings
• Increase ventilation rates to improve indoor air quality

Identify and Isolate Sick Employees

If an employee becomes infected, it is important to take steps to prevent them from transmitting the virus to other employees.  One way to do this is to ask employees to check their own temperatures before leaving for work.  Anyone that registers a fever should be instructed to stay home and follow CDC-recommended procedures.  Additionally, employers can safely and respectfully perform wellness checks for all employees and visitors upon arrival, through screening questions and temperature checks.  Those who show symptoms should be asked to refrain from entering the workplace.  Likewise, employees who become sick during the day should be sent home or to a medical facility immediately and their workspace should be closed off and thoroughly disinfected.

Allow Flexibility in the Workplace

One of the best ways to accommodate and protect employees is to make their workplace and schedules more flexible.  If it is not absolutely necessary for an employee to physically be present in the office, allowing them to work from home can go a long way in keeping them safe.  In addition to work-from-home options, policies should be in place for flexible sick leave for employees to care for themselves or family members if necessary.  These days, people need flexibility without a fear of losing their job. These flexible options will show that as an employer, you are keeping employee safety at the top of your priority list.

It may seem overwhelming right now to keep track of constantly evolving guidelines for employee safety at your place of business.  The above tips are just a small sample of the protective measures you can put in place to enhance the safety and security of your workplace and your employees.  At Churchill, Quinn, Richtman & Hamilton, Ltd, we understand your challenges and know that legal issues may arise due to current circumstances.  We are here to help guide you through these difficult times.  Contact us at 847-223-1500 or visit us online for more information.

More comprehensive information for employers can be found HERE and HERE

It can be so difficult for parents to send their child off to college for the first time.  After all, there are crazy things going on in the world and you won’t always be there in person to make sure they are alright.  While it’s difficult letting go, you still want to make sure you have the ability to help if they need it.  It should be noted that once a child turns 18, they are legally an adult and therefore a parent may not have the authority to step in and make decisions if necessary.  One way to provide some much-needed protection is to have a power of attorney (POA) prepared before they head off on their own.

Reasons They Need a Power of Attorney

When deciding if a power of attorney is really necessary, consider the following situations in which the document could be used:

• If they suffer from an illness or disability that prevents them from making financial decisions for themselves, a POA can give you the authority to make decisions for them
• If they were to experience a medical emergency, it can be very difficult for a parent to get any information from medical staff or make any medical decisions. This is because once they turn 18 years old, HIPAA (Health Insurance Portability and Accountability Act of 1996) laws prevent this disclosure, unless your child specifically gives them permission.
• Financial matters such as managing bank accounts, paying bills, filing taxes, or any other number of issues, can be difficult for your child to handle from a distance. A POA can allow you to step in to help when your child needs assistance.

Different Types of Powers of Attorney

There are 2 different power of attorney documents, and each serves a different purpose.  Thus, your best bet is to have both forms prepared in order to cover any possible scenario.

Medical Power of Attorney – If your adult child ends up in the hospital, this document can give you the authority to make medical decisions for them if they are unable to do so.  Without one, all medical decisions would be made solely by the doctors.

On this same note, it is also a good idea to complete a HIPAA authorization form.  If your child was involved in an accident, for instance, the law would prevent you from obtaining any information over the phone regarding their medical condition.  This form would give you legal authority to receive their private health data.

General Durable Power of Attorney – This document gives you the authority to make financial decisions on your adult child’s behalf.  This can allow you to help manage bank accounts or pay bills, or make larger decisions if they are unable to due to illness or disability.  Additionally, it can give you access to your child’s grades and transcripts.  Many parents do not realize that this information is not automatically available to them just because they are paying the tuition bill!

There is certainly a lot to think about before your child leaves for school.  At Churchill, Quinn, Richtman & Hamilton, Ltd, we are here to make that job a little less stressful.  Our knowledgeable team of attorneys can provide you with all the essential documents you need, so you can be confident they will be protected financially and medically.  Contact our office at 847-223-1500 to learn more.

Additional information can be referenced here

In today’s competitive market, businesses are often faced with many legal issues when it comes to protecting their assets. While trade secrets and other confidential information can be safeguarded through non-disclosure agreements, in some cases an employer may want to ensure an employee does not compete against them after termination. In this case, a non-compete clause can be beneficial.

 What is a Non-Compete Clause?

A non-compete clause (NCC), is a legal contract that prohibits an employee from conducting business in direct competition with an employer within a certain period of time after leaving the company. In some cases, it may also be referred to as a covenant not to compete (CNC) or a non-compete agreement (NCA).

Why is a Non-Compete Clause Important?

A non-compete clause is important because it protects a company’s confidential information and prohibits a former employee from using those secrets for their own advantage in competition against the business. For example, if a salesman leaves a larger paper company and goes into business for himself, a valid non-compete clause could specify that he would not be able to set up his paper company within 50 miles of the large company for a duration of two years after leaving.

What Happens if you Violate a Non-Compete Clause?

In order for a judge to uphold a non-compete agreement, the contract must be valid and “reasonable,” meaning it can’t be too restrictive. The contract should be clear with details such as how long it lasts and exactly what constitutes “competition”.

It is important to note that some states do not enforce non-compete clauses or are very limited in what they will allow, in the interest of free enterprise. In states where a non-compete clause is found to be valid, and has been violated, the result can include hefty fines and lengthy litigation.

Whether you are an employer who wants to protect your business trade secrets, or an employee who has been asked to sign a unclear non-compete agreement, our highly-qualified attorneys are ready to help. Contact Churchill, Quinn, Richtman & Hamilton, Ltd in Grayslake to get started!

Additional info referenced here and here.

If times have been especially hard financially, and you are wondering how to find relief, know that you are not alone.  Increasingly, many people are struggling with this exact problem.  More and more employees have been laid off, or have had their income decreased, and are dealing with unpaid bills.  In some cases, creditors are trying to offer solutions, but it may not be enough.  If you believe a bankruptcy is the way out, read on for important information you’ll need to get started.

There are Different Types of Bankruptcy

One size does not fit all when it comes to a bankruptcy.  Indeed, different situations call for different approaches.  The two types of bankruptcy to consider are:

• Chapter 7 – The quickest way to eliminate all, or most, of your debt is to file a Chapter 7  This type of bankruptcy can clear away your unsecured debt in a matter of months.  However, you will likely lose possession of much of your personal property.  Additionally, it can have a lasting negative impact on your credit report.
• Chapter 13 –A Chapter 13 bankruptcy is a structured repayment plan that allows you to pay off your debt over 3-5 years, based on your monthly income. If you have the means to make monthly payments, this might be a good choice.  Perhaps most importantly is because with this plan, you can stop foreclosure proceedings and avoid losing your home.  However, with this plan you are not actually getting rid of your debt all at once.  You are just paying it off with a modified payment plan.  This might not be the right choice if you need a more immediate solution.

When you speak to one of our attorneys, we will discuss your specific circumstances and help you determine which of these options, if any, is most beneficial for your family.

Only Certain Debt can be Included in a Bankruptcy

You might be wondering what type of debt you would be able to eliminate if you decide to file a bankruptcy.  The rules do differ a bit for chapter 7 and 13. However, both should allow you to discharge debt from credit cards, medical bills, personal loans, utility bills, back rent, lawsuit judgments or most other unsecured debts.  Secured debt, such as a mortgage or car loan, can also be discharged.  However, this also means that you would give up possession of that property.

When we review your outstanding bills, we can determine exactly which of your debts could be included, based on your specific case.

Some Accounts Cannot be Included

While a bankruptcy can offer you a fresh start, there are some types of debt that generally cannot be discharged in either type of filing.  Some common examples would include child support and alimony, student loans, many types of taxes, fines or penalties owed to the government or courts, or personal injury debts that resulted from a drunk driving accident.  Debts that are not included on your bankruptcy petition are also typically not discharged, so it is important to have a qualified attorney help you complete everything correctly.

Filing for bankruptcy is a serious decision.  Therefore, it is important to consider both the pros and cons. You may think it is a necessary action, but it may not actually be the right choice.  Speaking to a knowledgeable attorney is the best first step to determining your options.  If you do decide to file for bankruptcy, you will need strong legal guidance along the way to make sure all of the paperwork is completed and filed properly.  Contact Churchill, Quinn, Richtman & Hamilton, Ltd at 847-223-1500 to schedule your appointment with one of our experienced lawyers to discuss your case.

 

If you own real estate in Lake County, Illinois, you should have recently received your 2019 (payable in 2020) real estate tax bill. After picking your jaw up of the floor and otherwise recovering from the shock caused by such an unfortunate event, you’re probably wondering, now what? Though there isn’t anything that can be done to challenge the bill you just received, there are things that can be done so that next year’s real estate tax experience is less painful.

First Things First

The unfortunate reality (something you’d think we are becoming more accustomed to these days) is that the tax bill you just received in the mail cannot be challenged. All you can do now is grit your teeth and pay the bill.

But There Is Good News

The good news is, an ordinance recently passed by the Lake County Board does give taxpayers more time to pay the bill that they just received. Ordinarily, the first installment of taxes would have been due on June 8, 2020 and the second on September 8, 2020. This year, in response to the economic hardship being caused by the COVID-19 pandemic, an ordinance has been passed allowing deferred payment of real estate taxes. Under the new payment schedule, taxes may be paid in four (4) installments that are due on

• June 8
• August 7
• September 8
• November 9

While the deferred payment schedule offers some short term relief, the total amount of taxes that must be paid remains the same.

How Do They Calculate Your Taxes?

Before we go further, let’s pause to go over how real estate taxes are calculated. In Illinois, the amount owed for real estate taxes is based, for the most part, upon the assessed value of the property and the applicable tax rate. Legal challenges to the applicable tax rate are somewhat impractical and not all that successful. Therefore, to challenge and reduce your real estate tax bill we must turn to the assessed value of the property.

What Does Assessed Value Mean?

What is meant by the “assessed value” of the property? Assessed value is 1/3 of the “fair cash value”. Fair cash value is defined by law as “the amount for which a property can be sold in the due course of business and trade, not under duress, between a willing buyer and a willing seller.” Think of fair cash value as being the same as what is typically referred to as market value.

That takes us to the heart of the issue, how can you reduce your real estate taxes. Remember, you can’t contest the tax bill you just received. You can, however, begin preparing to contest next year’s taxes. Part of how you can prepare is by understanding the process.

Let’s Talk Tax Bill Process

Each year, from late summer to the late fall, assessments are mailed to taxpayers in Lake County. The assessment is printed on blue paper and is often referred to as the “blue sheet”.  Receipt of the blue sheet is crucial because Illinois law provides that challenges to the assessment must be filed within 30 days of the assessment being mailed to the taxpayer. This is why, when tax bills are received (which is when most people tend to be the most passionate about the amount they pay for taxes), it is not the time to act. Several months later, after the sting of receiving the tax bill has worn off, a strange, innocuous looking blue piece of paper is received in the mail. Countless times, the blue sheet is missed in the mail or disregarded, and thus, the opportunity to challenge the assessment of the property is missed.

How Can You Contest Your Taxes?

This year, we urge you to prepare well in advance to contest the assessment of your real estate. While the sting and the reality of your Lake County real estate tax bill is still fresh in mind, contact us to have us review your real estate tax situation.  This means you should make an appointment NOW.

What If You Don’t Win My Appeal?

If your property is correctly assessed, there’s no fee for our services. If we appeal your assessment, and we obtain a lower assessed value for your property, only then will you have a fee.  Our fees are 100% contingent upon successfully lowering the assessment and tax on your property.

You Need To Prepare NOW

Because you will have such a short window to contest your assessed value, it is best to have your case reviewed right now.  Then, when you receive your dreaded blue sheets, you will already have someone in your corner, fighting for you.  We are open for business right now.  We can talk with you and review your value via phone and by sending documents electronically.  Let’s see if we can save you money!  Contact us today at (847) 223-1500 to appeal your 2020 real estate taxes.

Adopting a new family member is a huge decision that can be both exciting and stressful. From selecting which type of adoption is best for you, to understanding the adoption laws that vary from state to state, the process itself can be challenging even for the most prepared adopters. It’s a good idea to hire an adoption attorney as step #1 in the process.

In addition to the legal obstacles, there are many myths surrounding adoption that may prohibit interested parties from adopting. Here’s the truth behind three common myths, and tips on how an attorney can help you through this important process.

All adoptions are very expensive

One of the most popular myths surrounding adoption is that it’s completely unaffordable for the average family. While it is true that some adoptions can be very expensive due to factors like international travel and private agency fees, not all work like this. There are many different methods of adopting and some even include subsidies and tax credits. One of the least expensive ways to adopt is through a foster program. Depending on the state, some foster adoptions cost under $1,000. Speaking with an attorney can help you clarify which type of adoption will work best for you, while still fitting within your budget.

Only young, married, heterosexual couples can adopt

This is simply no longer true. You do not have to be wealthy, under 40 years old, or married to adopt. Families are more diverse today than ever, and adoptive parents now include single people and same-sex couples. It is important to note that, while you may be able to adopt from a particular state or country, you still have to navigate through the legal process. A lawyer can assist you in understanding the various laws and restrictions that may stand in the way of your adoption.

The adoption process will take many years

Adoptions certainly take time, but not all of them take years and years. In fact, wait times are determined by many factors, including the type of adoption, your preferences, if you are using an agency versus a private adoption, if you are adopting internationally, and many more. The right attorney can help speed up the process by ensuring that you are taking the proper steps from the very beginning. Having all of your certified, notarized paperwork in place, being fully prepared for a home study, and having finances ready are a few ways that you can speed up the process, all of which can be facilitated by your attorney.

A qualified adoption attorney at Churchill, Quinn, Richtman & Hamilton, Ltd can answer your questions and ensure you are following the path that is best for both you and your growing family! Contact us today at 847-223-1500 to get started.

Additional information referenced here and here.

When you find yourself in need of legal help, it’s important to hire an attorney from a law firm that you can truly trust. Many people, however, scramble to search online or asking friends and family for last-minute recommendations. The lawyers of the law firm of Churchill, Quinn, Richtman & Hamilton, Ltd. are not only trustworthy and dependable, they are members of the Grayslake community themselves. Get to know your local lawyers – we are here when you need us!

Our History

For over 100 years, our family-owned practice has been headquartered in the same building on the corner of Whitney and Center Street in Grayslake. Our founder, R.W. Churchill, believed that a law firm should be a fundamental pillar of the community, and always operate with honesty and integrity. Over the decades, we have continued to honor that vision by serving and supporting the Grayslake community in many different capacities.

Our Attorneys

Since 1903, our firm has grown to include numerous family members, including R.W.’s son, George Churchill, and grandsons, Robert and William, in addition to others.

Today, our ten attorneys are some of the most skilled lawyers in the state of Illinois. And while we may boast the expertise and experience of a large law firm, you will receive one-on-one, personalized customer service like nowhere else. Our motto says it all: Large Firm Results, Small Town Focus.

 Our Specialties

Our numerous, highly-skilled attorneys are able to offer an expansive range of legal support to both individuals and businesses. From helping a single parent adopt a child, to litigating on behalf of large, multifaceted organizations, our law firm is committed to helping you navigate your legal challenges.

Should you find yourself in need of legal assistance, do not hesitate to call on the community law firm of Churchill, Quinn, Richtman & Hamilton, Ltd. We are honored to serve northern Lake County communities such as Grayslake, Round Lake, Gurnee, Libertyville, and many more. Contact us online or call 847-223-1500 to learn more.

Estate planning & Will planning may be on everyone’s mind a bit more during this crisis.  The experienced lawyers at Churchill, Quinn, Richtman, & Hamilton are here for you as always.  We are ready to assist via phone at (847) 223-1500.

We’d like to share some information from a recently published article in the Chicago Tribune:

Legal services were deemed an essential service as part of Gov. J.B. Pritzker’s stay-at-home order, which means attorneys are still working during the coronavirus pandemic. An attorney in Homer Glen said his one-man firm is carrying on. Just this week, he had a couple come in to sign their will and while he said he’s not inundated with calls from prospective clients during this pandemic, he has seen an increase in calls.

“Last Saturday, I met with an elderly woman who lives with her daughters who both work in the health care services industry,” he said. “She was terrified that one of her daughters is going to contract it through one of the patients and bring it home. So, it was sort of a wake-up call to put her will in place.”

With more time behind closed doors, attorneys are saying estate planning “might be something that people want to turn their attention to” after figuring out how to get toilet paper and keeping their kids from driving them crazy while they’re working from home.

 

A recent survey by Caring.com, a caregiving resource, found that the number of American adults that have a will or another type of estate planning document has decreased by almost 25% since 2017 and the number of older and middle-aged adults with estate planning documents dropped by 20% and 25% since 2019, respectively. When asked why they have put off estate planning, many cite a lack of knowledge or the cost of tackling it as their main reason.

We’re all sitting at home, and we need things to occupy us, so it’s a great time to ask your attorney to send over copies of your current documents, update your financial statements, to help your attorney review your current plan.

An Evanston lawyer says he’s getting more calls from existing clients who may have been “dillydallying” about getting their wills completed, who are now calling him wanting to get them finished.

“The estate planning process is often one characterized by fits and starts, like somebody knows they have to do it, but for most people, it’s the last thing on their list because they’re off busy living, and not thinking about dying,” he said.

Hopefully, things like electronic witnessing and notarization will exist in Illinois soon. She said it wouldn’t surprise her if this becomes a permanent change that comes out of this pandemic.

Amid coronavirus concerns, people may be thinking about their mortality, but attorneys say don’t rush when getting it done.  Find a proper estate planner by going through an established firm.

According to wealth professionals like Robert Westley, vice president and wealth adviser at Northern Trust in the greater New York region, estate planning isn’t only about money. If you have assets that you want to go to certain people, you should create a document that specifies who gets what, Westley said. Specifically, for those with young children, a will is necessary because “it names the guardians of minor children, and you will want to ensure that you, and not the courts, are naming their guardians.”

Estate planning is something that people tend to put off, but a pandemic or a national disaster kind of wakes people up that they really need to get something in place.  Make sure you are deliberate and careful about it. Instead of just trying to do a DIY will, you really should meet with a professional.

Ready to give this planning a go? Here are some basic documents to consider:

• Will: A document that ensures assets are passed to designated beneficiaries, in accordance with your wishes. In the drafting process, you name an executor, the person or institution that oversees the distribution of your assets. If you have minor children, you need to name a guardian for them.
• Letter of instruction: This may contain appointment of someone who will ensure the proper disposition of your remains, which is important if you are choosing a method that is contrary to your family’s tradition.
• Power of attorney: Appointment of someone to act as your agent in a variety of circumstances, such as withdrawing money from a bank.
• Health care proxy: Appointment of someone to make health care decisions on your behalf if you lose the ability to do so.
• Trusts: Revocable (changeable) or irrevocable (not changeable) trusts may be useful, depending on family and tax situations. According to Bart, a will is effective only at death and has to go through probate (court proceedings). An advantage of a revocable trust is avoiding probate. “If I have a great amount of confidence in the people that I’m naming as successive trustees then I can simplify the whole process for them by using the revocable trust,” she said.

We hope you found the article excerpt useful.

As always, the trusted, local lawyers at Churchill, Quinn, Richtman, & Hamilton are here to help you through the process.  Whether you are looking to write a will, appoint a power of attorney, set up a trust, etc, you can count on the firm that has been in Grayslake for over 100 years.

If you have questions, we have answers – give one of our lawyers a call today at (847) 223-1500.

Source:  Chicagotribune

By now we’ve all heard about the sweeping aid provided in the Coronavirus Aid, Relief and Economic Security (CARES) Act. The highlights of the CARES Act that initially garnered the most press and attention were the overall amount of aid provided ($2 Trillion – yes Trillion, with a “T”) and the direct assistance that would be provided to qualifying individuals ($1,200 to adults and $500 for children).  But of greater significance to the small business community is the aid provided by way of the Paycheck Protection Program (PPP).

The purpose of the Paycheck Protection Program is to encourage small businesses to retain and continue to employ their employees.  The PPP incentivizes small businesses to maintain their employees by providing loans to employers which may be used for “payroll costs”, which is broadly defined to include salaries, paid sick or medical leave, insurance premiums, mortgage, rent and utility costs. Simply having a loan available is a good start, and certainly is a valuable asset to a small business. However, the PPP doesn’t stop there. The icing on the cake, if you will, is that the loans made under the PPP may be forgiven if the employer maintains its payroll during the current financial crisis or restores its payroll afterwards.

It is expected that lenders will begin taking loan applications as early as April 3, 2020. Details regarding how loans made under the PPP will be administered are still being worked out. Fortunately, many key details about the PPP are known at this time and permit the potential applicants to weigh their options.

Crucial PPP terms to consider:

Who is eligible for PPP Loans?

• Businesses (including 501(c)(3) non-profits) that were in operation on February 15, 2020 and have fewer than 500 employees
  • Those who operate as a sole proprietorship, independent contractor or self-employed individuals are also eligible
  • Applicants are required to make a good-faith certification that the loan is necessary due to the uncertainty of current economic conditions caused by COVID-19

How is loan size determined?

• The maximum loan size is $10 million
• For a business in existence in 2019, the maximum loan is equal to 250% of the business’s average monthly payroll costs in that time. For businesses not in existence in 2019, the average monthly payroll cost for January and February 2020 is used for calculation purposes, and the maximum loan is 250% of that average.

What costs are considered payroll costs?

• Compensation including salary, wages, commissions, or similar compensation, payment of cash tip or equivalent
• Payment for vacation, parental, family, medical, or sick leave
• Allowance for dismissal or separation
• Payment required for the provisions of group health care benefits, including insurance premiums
• Any payment of retirement benefit
• Payment of State or local tax assessed on the compensation of employees

What costs are not considered payroll costs?

• Most commonly, compensation payments made to an employee earning more than $100,000 annually

What may loan proceeds be used for?

• Payroll costs
• Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums
• Employee salaries, commissions, or similar compensations
• Payments of interest on any mortgage obligation
• Rent
• Utilities
• Interest on any other debt obligations that were incurred before the covered period

How is the forgiveness amount calculated?

Forgiveness is equal to the amount the borrower spent on the following items during the 8-week period beginning on the date of the origination of the loan:

• Payroll costs (using the same definition of payroll costs used to determine loan eligibility)
• Interest on the mortgage obligation incurred in the ordinary course of business
• Rent on a lease agreement
• Payments on utilities (electricity, gas, water, transportation, telephone, or internet)
  • Loan forgiveness is limited if there is a reduction in the number of employees or a reduction of greater than 25% of wages.

Anyone considering whether to apply for a PPP loan or any other relief under the CARES would be well-advised to discuss their options with their trusted accountant and attorney.  As has been done throughout our long history, the attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd. continue to serve our clients and the community at large.  Contact our office at 847-223-1500 to put our expertise and experience to work for you.

For additional information on the PPP, click HERE

There are times in life when something happens that causes us to hit the “PAUSE” button. Sometimes, it is something amazingly good like a wedding proposal or the birth of your child.  Other times, it is triggered by a death in the family, the news that a good friend has cancer, or some national or international catastrophe.

All of a sudden, the big picture of life takes center stage. For a brief moment, normal life ceases. All the kids’ soccer games, the commute to work, the laundry and grocery shopping have to wait while we accommodate the crisis.

Today we are involved in a worldwide effort to protect our fellow humans from Covid-19. Schools are closed, public places shut down, and we are told to “hunker down” from work and regular life. We have hit the “PAUSE” button.

This provides us with a few moments to remember that list of all those things that we were going to do “if we ever had the time.” Perhaps now we can make that call to our old friend we haven’t talked with in several months. Or maybe we can write that letter to Aunt Mary, telling her how much she meant to us when we were just kids.

Now may also be a good time to get our paperwork in order. When was the last time we cleaned up that drawer where we store our deeds, birth certificates, and important memorabilia?  Are our wills up to date? Is our family protected if something should happen to us?  Do our insurance policies and 401-Ks properly list our heirs? Would the kids have trouble closing out our accounts?

And while we are in the “PAUSE” mode, we need to keep in contact with those we love, especially the elderly and frail. Even though we might think that we are bothering them too much, more communication is better than less communication at this time. And the fact that we care will be well received even if not spoken at the time.

We hope that the Covid-19 virus passes quickly. May its impact avoid you and your family and friends.

 

The attorneys and staff at CQR&H

Homeowners may consider refinancing a mortgage loan for a variety of reasons – from obtaining lower interest rates to adjusting the duration of the loan. As with many legal and financial transactions, refinancing a mortgage can be a daunting task. While not required, it’s important to protect your interests by hiring an experienced mortgage refinancing attorney.

1. Avoid Scams.

Predatory lending refers to lenders who target people with dishonest tactics like charging hidden fees and providing misleading information about loan terms. These schemes may appear to be favorable and affordable, but they are deceptive and can trap the borrower in a cycle of debt. An attorney can help you examine lender offers to determine whether or not the costs, fees, and terms are legitimate.

2. Protect Your Interests.

When refinancing your mortgage, it’s imperative to have someone looking out for you and your best interests. While other individuals and businesses involved in the process may be legitimate and trustworthy, nothing compares to having an experienced mortgage refinancing lawyer on your side. It’s important to note that, even if another attorney is present (on behalf of the lender, for example), this person is not YOUR attorney. Hiring your own attorney is the best way to ensure that everything is done properly and to your benefit.

3. Simplify the Process.

 Refinancing your mortgage involves many different parts and it can be a complicated legal transaction. An attorney can help you simplify the process and ensure it runs smoothly. In addition, they can provide peace of mind by reviewing your documents and guiding you on what steps to take next.

The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have decades of experience helping individuals and families with all types of real estate concerns, including mortgage refinancing. You don’t have to do it alone! Contact us at 847-223-1500 to learn how we can help.

Additional information referenced here and here.

When you’re injured on the job, you may be entitled by law to get compensation from your employer. Filing an injury claim can be complicated, so it is recommended that you file your claim with the guidance of an experienced attorney. Knowing a few aspects of the filing process can help prepare you for filing your claim.

Filing a Claim is Time Sensitive

There are strict guidelines and deadlines to consider when filing your injury claim. By law, you need to notify your employer within 45 days of your injury, and you have 3 years to file your claim with the Illinois Workers’ Compensation Commission. It is important to note that you still need to notify your employer within 45 days after the injury even when you plan to file a claim with the commission. Once you have filed your claim, an arbitrator will be assigned to your case and you will receive notice of your first status call. These status calls will continue every 3 months for 3 years as long as your case is open.

If Your Injury Claim is Denied

Insurance companies deny claims for a variety of reasons. Under Illinois law, an injury claim can be denied when:

• The injury occurred during some recreational activity, such as a company softball game.
• The injury resulted from your own intoxication.
• You were committing a crime when the injury occurred.

If your injury claim is denied you need to request a hearing during a status call. Keep track of your evidence to prove you are entitled to the benefits you are seeking at the hearing. If after the hearing you are not satisfied with the result, you can appeal.  And, of course, having an experienced attorney will greatly improve your chances of winning the appeal. An experienced attorney can help with gathering the right evidence, negotiating with the insurance company, and representing you in court.  The process of workers’ compensation claims is arduous, but you don’t have to go through filing your claim alone. For expert advice on your workers’ compensation claim, contact Churchill, Quinn, Richtman, & Hamilton Ltd at 847-223-1500.  We serve all Northern Illinois suburbs including Round Lake Beach, Grayslake, & Lake Villa.

More info here

Chances are good you will need a power of attorney at some point during your lifetime. When life gets complicated, a power of attorney can put your mind at ease knowing your wishes will be carried out by a trusted person that you yourself have appointed. Knowing that it is inevitable that a POA will benefit you at some point, it is important to understand what a power of attorney is and when you will need one.

What is a Power of Attorney

A power of attorney is a document that appoints a person, also known as the attorney-in-fact or agent, to handle your medical and financial matters should you become incapable of doing so. Some examples of when a POA is necessary:

• You live alone with no family and will be undergoing a major surgery.
• You have just been diagnosed with a serious illness.
• You and your spouse will be out of the country for 6 months but need to sell your house.
• You are a young, single successful business owner.

Each situation warrants the need for a POA, and there are different types of POA’s applicable for different scenarios.

Types of POA’s 

• A Conventional Power of Attorney begins when the principal signs it and lasts until that person becomes mentally incapacitated.
• A Springing Power of Attorney begins only when a certain event occurs, such as the principal becoming mentally incapacitated. This document should be carefully prepared to ensure it is clear when the POA takes effect.
• Durable Power of Attorney begins when the principal signs it and lasts the duration of the principal’s lifetime. This is usually the best option because the principal can make his or her own decisions until she becomes incapacitated and no one needs to worry about the event in which a springing power of attorney takes place.

All POA’s expire once the principal dies, and the agent can no longer act on behalf of the principal after that time. It is important to note that a POA cannot be assigned after the principal is no longer able to make their own decisions. If you don’t have a POA and one of these situations arise, you and your family could be in for costly delays. The best way to make sure your document covers all  state requirements as well your interests is to meet with an experienced attorney.

Churchill, Quinn, Richtman, & Hamilton, Ltd is well versed in all components of powers of attorney. We are committed to helping our clients protect their financial and medical intentions. We help people living in Grayslake, Round Lake, Gurnee, & other Northern Illinois suburbs.  Contact us at 847-223-1500 to learn more or to schedule an appointment.

Sources here and here

Even the best landlord-tenant relationship can turn problematic if a tenant fails to comply by the lease agreement. When the tenant fails to abide by the lease agreement, the landlord may have no other choice but to evict the tenant. Not following the proper procedures when terminating a lease agreement can cost the landlord a lot of time and money and with one simple mistake, force them to start the process over from the beginning. Before starting the lease termination process, consider these guidelines.

A landlord must have a legal reason to evict a tenant

The most common reason to evict a tenant is failure to pay rent. A landlord simply cannot allow a tenant to continue to live in the unit for free. Another reason for eviction is the tenant damaging the property or not abiding by the terms of the lease. Perhaps the tenant has a dog in the unit when the lease agreement stated no pets were allowed. A landlord has the legal right to evict if the tenant uses or is dealing drugs in the unit. If the landlord does not have cause to terminate the lease agreement, then they must wait until the end of the lease term.

The first step in terminating the lease agreement should be a written notice to the tenant. The reason for terminating the lease will determine what type of notice should be given.

• Five-Day Notice to Pay Rent: If a tenant fails to pay rent on time, the landlord should give the tenant a 5- day notice. The notice lets the tenant know that unless payment is received within 5 days, the landlord will proceed with eviction of the tenant.
• Ten-Day Notice to Quit: If a tenant violates any part of the lease agreement, they should be given a ten-day notice to quit. This notice gives the tenant 10 days to move out because of failure to comply with the lease. If the tenant does not move out within the 10 days then the landlord can file an eviction lawsuit.
• Unconditional Quit Notice: This notice should be given to a tenant that is using or selling illegal drugs in the rental unit. The notice informs the tenant that the tenant has five days to move out and if they don’t comply, the landlord can terminate the lease and begin eviction proceedings against the tenant.

It is illegal for a landlord to try to force a tenant out

This is one of the most common mistakes landlords make in the eviction process. A landlord may not change the locks or shut off the electricity; such lockouts and utility shut offs are prohibited and should be avoided. Taking matters into their own hands could potentially lead to a lawsuit from the tenant and certainly delay eviction efforts. Even if the tenant agrees to the notice or the lawsuit has been won by the landlord, the only person authorized to remove the tenant is a sheriff or constable.

Security deposits must be returned within 45 days of the tenant’s move out

It might be tempting to hold back that security deposit to help offset any damages or unpaid rent, but that idea could cost more in the long run. Any security deposit wrongfully withheld is subject to double damages should the tenant seek legal action.

Landlords should seek experienced guidance to navigate the rules and regulations of eviction to ensure the process doesn’t cost more than what has already been lost due to a bad tenant. An experienced attorney can guide you through the process to avoid a costly mistake. Churchill, Quinn, Richtman, & Hamilton Ltd. has experience working with many clients through landlord-tenant litigation. We are committed to helping our clients through all aspects of the landlord-tenant relationship, including lease agreement termination. Contact us at 847-223-1500 before starting the eviction process.

Source here & here

When you’re ready to hire a contractor for that big home improvement project, you want to have the right person for the job. The process of finding a contractor for your job doesn’t have to be overwhelming. Consider these tips as you start your search for your next home improvement job.

 Do Your Research

You will want to know as much as possible about your contractor before signing a contract. Word of mouth recommendations are a great way to evaluate previous jobs. Ask your friends and neighbors for recommendations, especially those that have had a similar project completed. Contact your village and the Better Business Bureau to check for any complaints filed against the contractor. Ask for and check references supplied by the contractor and ask them about their use of subcontractors. You should then follow up with the subcontractors to ask them about their experiences working with the contractor. An important element of the subcontractor agreement is the mechanic’s lien. The mechanic’s lien is a safeguard for the subcontractor to ensure he or she is paid for labor and materials by the contractor. If you are not familiar with mechanic’s liens, contact Churchill, Quinn, Richtman, & Hamilton for guidance.  You want to be sure the contractor has a good payment history with their subcontractors because they can put a lien on your home if they are not paid.

 Have a Detailed Contract

Having a detailed contract that clearly states all expectations about the project will relieve a lot of worry throughout the project. The contract is like your guide map to the project and you want to be sure you and the contractor are in alignment on each step of the process. In fact, in Illinois, all home remodeling projects totaling over $1,000 require a written contract detailing the who, what, where, when and cost. The best way to start your project feeling confident the work will be done to specifications is to have a trusted attorney by your side.

The attorneys of Churchill, Quinn, Richtman, & Hamilton, Ltd are experienced in the intricacies of construction litigation. We have assisted many clients in reviewing contracts as well as providing representation in the event the contract has been breached. Contact our office at 847-223-1500 for more information or to schedule an appointment.

Source here