Chicago's Legal Latte
354 episodes - English - Latest episode: about 1 month ago - ★★★★★ - 2 ratingsThe attorneys of Lavelle Law Ltd. address a variety of legal topics.
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Episodes
Stripping off a Lien in Chapter 13 Bankruptcy
March 19, 2015 15:00 - 16 minutes - 13.9 MBA second mortgage/HELOC lien can be removed from your home in a chapter 13 bankruptcy IF the first mortgage balance is greater than the fair market value of the home. Tune in with Attorney Timothy Hughes to learn more about stripping a lien in Chapter 13 Bankruptcy.
What to Expect in Employment Agency Hearings
March 18, 2015 21:00 - 16 minutes - 13.9 MBHearings with agencies are usually performed with the parties, their attorneys, and the administrative law judge over the phone. Administrative law judges handle issues strictly pertaining to employment and are well versed in rules and cases relating to their particular area of law. Sometimes attorneys are involved and other times clients represent themselves pro se. Generally speaking, an employment hearing is like a mini trial where you will present your witnesses and cross examine the othe...
The “Mature Minor Doctrine,” and what it means to your 16 year-old
March 17, 2015 21:00 - 16 minutes - 13.9 MBThe Mature Minor Doctrine is a common law doctrine created in most states through judicial rulings. The doctrine accepts that an unemancipated minor may possess the maturity to choose or reject a particular health care treatment. Illinois’ version of the doctrine was created by the 1989 Supreme Court of Illinois decision, In re E.G. Most recently, the Doctrine was discussed in a Connecticut Supreme Court case where the court unanimously ruled that a 17 year old girl can be forced to undergo...
Creation and Maintenance of Trademarks
February 26, 2015 22:00 - 16 minutes - 13.9 MBIntellectual property, including trademarks and copyrights, can be valuable business assets. In this podcast with Courtney Kleshinski, learn the basics about trademark and copyright protections and how to preserve them for your business.
Pros and Cons of Discussing your Estate Plan with your Beneficiaries
February 17, 2015 21:00 - 15 minutes - 13.5 MBMany clients wonder if, when, and to what extent they should discuss their estate plan with beneficiaries while they are alive. In this podcast, attorney Brian Warens will discuss when and to what extent it is appropriate to have a conversation regarding estate planning with beneficiaries, and the possible consequences to not having the discussion at all.
What is Alienation of Affection
February 10, 2015 22:00 - 16 minutes - 13.9 MBThis podcast with Amil Alkass will address the cause of action of Alienation of Affection and the use of this strategy in a divorce proceeding.
Can an Order of Protection Get Me Out of my Lease?
February 03, 2015 22:00 - 16 minutes - 14.1 MBOften when people live with a boyfriend or a girlfriend, they sign a lease together. But if the relationship becomes violent, it can be damaging to a person’s credit and finances to try to get out of the lease. This podcast with Kristina Regal explores what rights tenants have when they seek the protection from the courts for domestic violence.
Taxpayer Advocate’s 2015 Report to Congress
January 27, 2015 22:00 - 16 minutes - 13.9 MBThe Taxpayer Advocate Service, an ombudsman for the IRS, is responsible for assisting taxpayers in resolving certain problems with the IRS, including financial hardships, significant costs and delays, and lack of communication from the IRS. The Advocate presents an annual report to Congress identifying systemic problems that exist within the IRS and, to the extent possible, proposing changes in its administrative practices and identifying potential legislative changes that may mitigate such p...
Mediation and Arbitration in Litigation Matters
January 20, 2015 22:00 - 15 minutes - 13.6 MBIf you are considering filing a lawsuit or have been named as a defendant in a pending litigation case, it is important to be aware of alternative methods to resolve the conflict besides trial. Mediation and arbitration are alternative ways to resolve lawsuits – This podcast with Lance Ziebell will explore both alternatives, explaining each, how they work and the benefits.
All About Expungements
January 09, 2015 20:00 - 16 minutes - 14 MBBlack's Law Dictionary defines "Expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." This podcast with James Doerr of Lavelle Law will be to provide the listener with a brief overview of the expungement process in Cook County. We will cover the legal benefits of expungement, the cases that are eligible to be expunged, the legal standards the presiding judge will use in deciding whether or not to grant the...
Are You Sure You Need a Corporation?
January 07, 2015 22:00 - 16 minutes - 13.9 MBNot every business benefits from corporate or LLC protection. Tune in for this podcast with James Voigt of Lavelle Law to find out whether your business model actually gains a tangible benefit from incorporation or forming an LLC.
Overweight Truck Violations: Attorney Appearance Required on Behalf of Corporati
December 30, 2014 22:00 - 16 minutes - 13.8 MBAs of May 20, 2014, all corporations at administrative hearings must be represented by counsel. Previously individuals could represent corporations, LLC’s, entities, etc. at administrative hearings. A common administrative hearing relates to an overweight truck violation. This podcast with Jennifer Burt will discuss overweight truck violations and how our office can be of assistance in appearing on your behalf.
Social Networking in Schools – Can Schools Demand Passwords
December 16, 2014 22:00 - 16 minutes - 13.8 MBEmployers are not the only ones demanding social media passwords – schools are doing so too. There has been lots of media attention about this – resulting in a surge of legislative activity on the issue. In Illinois, a new law went into effect this year allowing school officials to have access to passwords to students’ social media accounts in certain situations. The concern, of course, is how this impacts a student’s right to privacy under the Constitution and state laws. This podcast wi...
Business Judgment Rule
December 09, 2014 22:00 - 16 minutes - 13.9 MBThe business judgment rule is a presumption that directors of a corporation or those who manage other entities make business decisions on an informed basis, in good faith, and with the honest belief that the course taken was in the best interest of the entity. This podcast with Steven Migala explores the business judgment rule and explains its meaning and significance to those who serve as directors of corporations and who manage limited liability companies.
What Does It Mean to “Fund” A Trust, and Why Is Funding So Important?
December 02, 2014 16:00 - 16 minutes - 14.3 MBYou’ve probably heard about the benefits of the different types of trusts that can be created in estate planning. But your work isn’t done just because you’ve finalized and signed your trust. For a trust to function property, it must be “funded.” But what does it mean to “fund” a trust, and why is the funding process so important? This podcast with Heather Walser will answer these questions and more.
IRS Collection Problems, there are options to help
November 18, 2014 22:00 - 16 minutes - 13.9 MBTaxpayers who owe money to the IRS should try to actively resolve their debt. The IRS has many options from Offers in Compromise to Installment Agreements designed in order provide taxpayers with a fresh start. If you currently have extensive tax debt and feel that you would benefit from the relief offered by the IRS, tune in to this podcast with Timothy Hughes of Lavelle Law to learn more about the options available to reduce or eliminate your tax debt.
I want a divorce, but I have no idea where my spouse is
November 11, 2014 22:00 - 16 minutes - 14.1 MBThe decision to divorce your spouse is not one taken lightly by the parties involved. Filing for a divorce can quickly become a complicated and confusing ordeal, especially when children are in the mix. Another complication that could arise is a “missing” spouse. The court allows for these types of divorce, called a default divorce. If you have questions about or have considered a default divorce, listen to this podcast with Heidi Kuffel of Lavelle Law to learn more.
Protecting Yourself From Identity Theft
November 04, 2014 22:00 - 16 minutes - 13.9 MBdentity theft has been in the news a lot lately. As the recent security breaches at Target and Home Depot show us, our personal information is more vulnerable than ever. But what are steps that you can take to protect yourself from identity theft and how can an attorney assist you if your identity is stolen? This podcast with Courtney Kleshinski of Lavelle Law will discuss these points and more and provide clarity on how to protect yourself from Identity Theft.
How Does The Unified Gift And Estate Tax Exemption Affect Me?
November 03, 2014 22:00 - 16 minutes - 14.1 MBMost people have heard about estate and gift taxes, but may not understand exactly what they are and when they apply. In this podcast with Brian Warens, untangle the mysteries behind estate and gift taxes and find out what creates an estate or gift tax return filing obligation and/or liability.
Sole Custody by Settlement – Is This Something I Should Choose?
October 21, 2014 21:00 - 16 minutes - 13.9 MBPeople often throw around terms like “sole custody,” “joint custody,” and “full custody.” But what does that really mean? This podcast with Kristina Regal of Lavelle Law explores different types of custody rights, and the implications of those rights over the lifetime of a child.
IRS Reinstatement of Tax-Exempt Entities
October 14, 2014 21:00 - 16 minutes - 14.1 MBDue to changes in IRS reporting requirements for tax-exempt entities in recent years, many entities have lost their tax-exempt status, which can cause significant issues both for those entities and for any individuals donating to them. This podcast with Joshua Nesser of Lavelle Law will discuss what can cause an entity to lose its exempt status and what can be done to have this status reinstated.
Employer Defenses to Unemployment Claims
October 08, 2014 21:00 - 16 minutes - 14.4 MBUnemployment is not a free pass for unemployed workers – find out what defenses you may have to a former worker’s claim for unemployment benefits in this podcast with Lance Ziebell of Lavelle Law.
Marriage Equality in Illinois
September 30, 2014 21:00 - 16 minutes - 13.8 MBThrough landmark legislation that passed in Springfield, IL last November, Same Sex Marriage has come in effect as of June 1, 2014. With this new legislation comes many questions and even more gray areas that have yet to be discussed or tested by the court and employers. Questions such as: What benefits are there for same sex couples? How may business be affected by marriage equality? Now that there is marriage equality, how will these couples be impacted in the courtroom in case of a...
The Discovery Process (Part I): Written Discovery and the Use of Interrogatories
September 24, 2014 21:00 - 16 minutes - 13.9 MBAfter you have filed a Complaint or responded to a Complaint by filing an Answer to the Complaint, the next phase of the litigation is called discovery. Discovery typically begins by sending Interrogatories and Requests for the Production of Documents, Objects and Tangible Things (“Requests to Produce”). Interrogatories are written questions and Requests to Produce are requests for documents, objects and tangible things. This Podcast with Jennifer Burt of Lavelle Law will review the proces...
Criminal Charges The Impact Your Driver’s License
September 23, 2014 21:00 - 15 minutes - 13.4 MBThe Secretary of State has the authority to suspend the driving privileges of a motorist for any number of reasons, some discretionary. The goal of this podcast is to acquaint the listener with some of the more common basis’ for these suspensions. The podcast with James Doerr of Lavelle Law will also present some common methods used to clear up these suspensions and the role the lawyer plays in facilitating this process.
Pets and the Law
September 11, 2014 14:30 - 16 minutes - 3.51 MBWhether you are going through a divorce and fighting over custody of your dog Snoopy, or you let your pet sit on your lap while you drive, or you purchased a new puppy that is deemed “unfit” by a veterinarian, there are things you need to know about your rights, your pets rights and protections, and laws protecting others from your pet. This podcast will provide a broad overview regarding pet laws in Illinois.
Negotiating with Giants – Working with Procurement Departments
September 09, 2014 21:00 - 16 minutes - 6.96 MBLeverage is key when negotiating with global corporations and most small contractors are surprised at how much negotiation can take place in their favor. This podcast with Busienss Law attorney at Lavelle Law, James Voigt, will discuss strategies you can use to leverage your small business against global corporations.
Judicial Dissolution of Corporations
August 26, 2014 21:00 - 16 minutes - 3.51 MBThis podcast with Steve Migala discusses judicial dissolution of Illinois corporations under Article 12 of the Illinois Business Corporation Act.
Elder Abuse – How to prevent it and what to do when you suspect it.
August 19, 2014 18:00 - 16 minutes - 3.46 MBAs our loved ones age, many factors such as physical illness, diminishing mental capacity, and dementia can make them vulnerable to neglect, abuse, and exploitation by caregivers, family members, or others. There are a number of Illinois laws and mechanisms in place to prevent and respond to these types of elder abuse. In this podcast with Heather Walser of Lavelle Law, we will explore: (1) the options available to help prevent these types of elder abuse, and (2) the steps you should take ...
Are Student Loans Dischargeable in Bankruptcy?
August 14, 2014 21:00 - 16 minutes - 3.5 MBThe decision to file bankruptcy can be a difficult and emotional experience for any person. With that decision comes a flood of unanswered questions and doubts when it comes to assessing debts and liabilities to be covered by the bankruptcy. One of the most commonly asked questions is whether or not student loans can be discharged in a bankruptcy. To learn more, listen to this podcast with Timothy Hughes of Lavelle Law.
Orders of Protection and No Stalking Orders
August 12, 2014 21:00 - 16 minutes - 3.49 MBWhile the victims of violence may think they have limited to no options for protection, the court system offers a variety of options for protection. This podcast with Amil Alkass of Lavelle Law will explore protections and remedies available to victims of abuse, domestic violence, and stalking.
What to Expect in Small Claims Court
August 06, 2014 18:00 - 16 minutes - 3.48 MBSmall claims court has many different rules and procedures than other courts. It has many more of the elements “as seen on tv,” as very little is documents or correspondence is exchanged between attorneys, or the plaintiff and defendant. Usually attorneys are retained on a flat fee basis, and work is not performed hourly. Discovery rarely happens because the court wants to keep everything moving. A defendant does not even need to file an answer or disclose witnesses in small claims court. If ...
Selling Your Home – The Basics
July 24, 2014 15:30 - 16 minutes - 3.48 MBSelling your home can be a daunting prospect. There are a number of risks involved as well as complicated and intimidating sales contracts. In this podcast with Courtney Kleshinski, find out what happens after you sign the home sale agreement and how an attorney can help you navigate the process.
Why Do I Need an Estate Plan?
July 15, 2014 21:00 - 16 minutes - 3.44 MBEveryone’s estate planning needs are different, but everyone needs an estate plan. Estate planning does not only involve putting together a will which leave gifts to friends and family upon your death. An equally important component of completing an estate plan is creating powers of attorney that name individuals to make financial and medical decision on your behalf while you are alive but unable to act. A comprehensive and appropriate estate plan ensures that your wishes are followed duri...
How are Mutual Debts Divided in a Divorce?
July 08, 2014 21:00 - 15 minutes - 3.43 MBPeople often think about a divorce as dividing up the assets in a marriage. However, divorce is also about the allocation of marital debts, including mortgage loans, home equity loans, pension loans, credit card debts, and the like. This podcast with Kristina Regal of Lavelle Law, Ltd. explores the options for allocating debts in a divorce.
Mechanics Liens 101
July 02, 2014 19:00 - 16 minutes - 3.5 MBMechanics liens can be a powerful tool for those performing services on a person’s home or a commercial building – what do you need to know about them? This Podcast with Lance Ziebell of Lavelle Law will explore mechanics liens and teach you all you need to know.
IDOR Administrative Hearings
July 01, 2014 21:00 - 16 minutes - 3.58 MBIn recent years, it seems that the Illinois Department of Revenue has significantly increased its collection efforts against taxpayers. One way it has done this is by initiating more audits, which usually relate to income, sales, or employment taxes. Many times as a result of these examinations, IDOR will propose significant adjustments against taxpayers that may result in substantial tax liabilities. If the taxpayers are not able to come to an acceptable resolution with their auditors, their...
Can I Get Maintenance in my Divorce
June 17, 2014 21:00 - 16 minutes - 3.45 MBMaintenance in Illinois divorce is a complicated issue for the courts to decide. Many common questions include: What factors are used to assist the court in determining maintenance? Is maintenance set like child support is? The questions and more will be answered in this podcast with family law Attorney Jenét Pequeno. Tune in to learn what factors the court uses when it comes to determining maintenance in a divorce proceeding.
Operating a Watercraft Under the Influence
June 10, 2014 21:00 - 16 minutes - 3.47 MBBoaters face punishment of a class A misdemeanor 364 days jail, $2,500 fines for operating a watercraft (boating) under the influence. Boaters have less protections than motorists in that they can be stopped without a reasonable and articulable suspicion of wrongdoing. Boaters can be stopped and boarded for license and safety checks without probable cause. How are Standardized Field Sobriety tests conducted? Will this impact your driver’s license? What about a statutory summary suspensio...
Injunctive Relief (Part I): Temporary Restraining Order
June 03, 2014 21:00 - 16 minutes - 3.51 MBWhat if you are an employer and you shared confidential information, such as client lists with an employee and now the employee is contacting your clients and starting up a competitive business? What if a competitor named their business the same or similar name of your business? What if you find out that a lessee is absconding with your vehicles that you leased to them? In these situations, you need immediate relief, so what can you do? You can file a temporary restraining order and ask t...
Social Media and Networking in the Workplace
June 02, 2014 21:00 - 15 minutes - 3.33 MBIn the past several years – the use of social networking has exploded. While much of the technology provides incredible opportunities for businesses – there are also potential legal pitfalls for employers. Employers and employees need to be aware of the disadvantages of participating in social networking in the workplace. This podcast with Kelly Anderson of Lavelle Law, Ltd. will outline those disadvantages and offer insight to employers on what to expect.
Rewarding Key Employees with Stock
May 28, 2014 16:00 - 16 minutes - 3.5 MBOne strategy to keep good employees long term is to offer them stock in your company. This must be done with care to avoid giving away control in the company, and to properly manage the tax result. This podcast with James D. Voigt of Lavelle Law, Ltd. will explore the options and procedures involved in launching a stock reward program for your employees.
The Illinois Angel Investment Tax Credit
May 07, 2014 20:00 - 16 minutes - 3.48 MBDid you know the State of Illinois offers up to a 25% state income tax credit to businesses and individuals who make investments in qualified new business ventures? The Illinois Angel Investment Credit Program (“Program”) is designed to attract and encourage investment in early-stage, innovative companies. Listen to this podcast with Steven Migala of Lavelle Law, Ltd. to learn about the Program's details.
The Importance of Short-Term Guardianship
May 06, 2014 16:00 - 16 minutes - 3.52 MBPlanning a vacation without the kids? Finding a babysitter isn’t all you need to do. Make sure you’ve planned appropriately by appointing a Short Term Guardian. This podcast with Heather Walser of Lavelle Law, Ltd. will explore the various uses and advantages of establishing short term guardianship for your children.
How to Enforce Child Support Orders
April 29, 2014 21:00 - 16 minutes - 3.48 MBThere are many questions and considerations when evaluating and enforcing child support orders. This podcast with Amil Alkass of Lavelle Law, Ltd. will summarize how a parent can enforce child support orders and obligations when the non-payor parent is not paying child support.
HELOC - Coming Due Soon?
April 22, 2014 21:00 - 16 minutes - 3.52 MBHELOCs entered into before the real estate collapse may be coming due soon. This podcast with Tim Hughes of Lavelle Law will go over the advantages and disadvantages of filing chapter 13 bankruptcy when necessary.
Can I Afford a Lawyer? Strategies to Keep Costs Down While Being Represented
April 15, 2014 21:00 - 16 minutes - 3.56 MBThis podcast with Heidi Schuster will explain the legal relationship with a prospective client, understanding their wants, needs, and goals, making a plan that helps them reach those goals through attorney’s assistance. If the attorney can fully understand the client’s concerns and goals, the attorney can help create a strategy to meet those needs. Often times, it’s smart to start with an outline of procedures they can expect, and ask them if they have questions or concerns about it. Utilizi...
Buying Your First Home – The Basics
April 08, 2014 21:00 - 16 minutes - 3.48 MBBuying your first home can be a daunting prospect. In this podcast with Courtney Kleshinski, find out what happens after you sign the home purchase agreement and how an attorney can help you navigate the process.
When is Probate a Good Idea?
April 02, 2014 21:00 - 16 minutes - 3.47 MBProbate may be necessary even if you a will, trust, or powers of attorney. The titling of your assets, the types of estate planning documents you have executed, and whether you have a large number of known or unknown creditors are all factors in whether probate should be opened. In some cases, probate courts may even be involved in medical and financial decisions made on your behalf while you are living.
IRS Dirty Dozen Tax Scams for 2014
March 25, 2014 21:00 - 15 minutes - 3.42 MBEvery year, the IRS releases its “dirty dozen” – a list of twelve tax scams that are currently most dangerous to taxpayer that taxpayers should be sure to avoid. In this podcast with Joshua Nesser, we will discuss the dirty dozen and red flags that taxpayers should be wary of.