Chicago's Legal Latte
356 episodes - English - Latest episode: about 1 month ago - ★★★★★ - 5 ratingsThe attorneys of Lavelle Law Ltd. address a variety of legal topics.
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Episodes
Estate Planning for New Parents
April 27, 2016 21:00 - 16 minutes - 14.5 MBCongratulations! You just had your first (or maybe your second, third, fourth?) child. Exciting times indeed. You work hard, you've saved enough money, you have life insurance; you are ready for this journey. But in the event of your untimely death or disability, who do you want to raise your child? How will your assets and money that will pass to your children be managed? And by whom? All of these unanswered questions can be solved by various estate planning documents. But without these vita...
Claims in Decedent’s Estates
April 20, 2016 19:00 - 15 minutes - 13.2 MBWhat happens when someone dies and they owe you money? Or, if you are the executor or administrator (representative of the Estate), how will you know who to pay out of the estate to decedent’s creditors? In this podcast, attorney Jennifer Burt explains the specific rules that dictate how and when claims are filed against a decedent’s estate. She also discusses the seven different classes of claims.
Medicaid and Special Needs Planning for the Personal Injury Attorney
April 19, 2016 21:00 - 16 minutes - 14 MBIn this podcast, attorney Michael Roth provides an overview for personal injury and medical malpractice plaintiff lawyers on spotting issues related to individuals who are injured and low income.
The Letter of Intent – They are not all created equal
April 12, 2016 21:00 - 16 minutesA letter of intent is a document that is commonly used in connection with a wide range of business transactions. They are used in business sales or lease agreements or loan transactions. They are designed to summarize the major business terms, and create a framework where parties can further evaluate a potential transaction. In this podcast, attorney Ted McGinn discusses why parties need to be careful that the letter of intent use effectively protects their rights.
Domestic Battery - Basic Information
March 16, 2016 21:00 - 15 minutes - 13.3 MBThis podcast, with defense attorney James Doerr, is an introductory discussion into Illinois domestic battery law. The discussion focuses on elements of a domestic battery charge and the fact that a victim may not simply "drop the charges." Orders of Protection is also discussed.
Defeating Mechanics Liens
March 15, 2016 21:00 - 16 minutes - 13.8 MBA mechanics lien has been filed on your property - now what? In this podcast, attorney Lance Ziebell discusses what a mechanics lien is and the process for removing it from your property.
What ever happened to custody in Illinois?
March 08, 2016 22:00 - 16 minutes - 13.8 MBThe word “Custody” has been removed from the language of Illinois’ Family Laws. “Visitation” has also been replaced. Learn what has replaced these two long standing and long fought after words in Illinois’ massive overhaul of family laws in over 30 years. In this podcast, attorney Pequeno discusses these specific changes.
Quarterbacking Your Planning Team
March 01, 2016 16:30 - 16 minutes - 14.1 MBYou’ve probably spent considerable time developing plans for accomplishing your financial and estate planning goals, but what have you done to ensure that the plans you’ve set in place will be executed properly? By working in conjunction with a team of advisors, instead of just one, you can take advantage of the specialized knowledge of many professionals instead of relying on the knowledge of just one. In this podcast, attorney Heather Walser and CFP Michelle Smalenberger discuss the who, wh...
My Tenant has not paid his rent, what to do?
February 25, 2016 22:00 - 16 minutes - 13.8 MBYou have a lease with a tenant that calls for monthly rental payments of X$s on or before the first of each month. Your tenant calls you to say he can’t make the payment, what do you do? Attorney Timothy Hughes explains your rights and the steps involved with the eviction process.
Planning for the Guardianship of Minors
February 16, 2016 22:00 - 16 minutes - 13.9 MBParents usually know the people that they would want to raise their minor children should something happen to the both of them (i.e., guardians); however, they may not know how to memorialize these wishes in a way that courts will recognize after they are gone. If parents do not nominate guardians, default rules govern who may petition the court and be responsible for children and inherited assets – these rules may not conform with parents’ wishes. In this podcast, attorney Brian Warens discu...
Appealing Your Property Tax in Cook County
February 09, 2016 22:00 - 16 minutes - 14.4 MBIn this podcast, attorney Joe Vito and guest Dan Patlak, Commissioner with the Cook County Board of Review, discuss how to successfully appeal your property tax.
Crowdfunding – Is it Right for Me?
February 02, 2016 22:00 - 16 minutes - 14 MBIn this podcast, attorney Christopher Williams explains the types of crowdfunding that are available and how to get involved in this type of fund raiser. He also discusses the risks involved with investing in crowdfunding.
No Fault Divorce – The new law in Illinois
January 26, 2016 22:00 - 16 minutes - 14 MBIn January, the law changed to eliminate the need for grounds for a divorce. Prior to 2016, every divorce had to be for a reason. That’s no longer the case. In this podcast, attorney Kristina Regal explores other new changes in divorce law.
New 2016 DUI Laws
January 19, 2016 22:00 - 16 minutes - 13.8 MBThis podcast with attorney James Doerr focuses on some recent legislative enactments that impact DUI’s and DUI revoked licenses.
Lost Profits and Damages
January 12, 2016 20:00 - 16 minutes - 13.8 MBIn this podcast, attorney Matthew Sheahin addresses when "lost profits" are appropriate as a damage award and which claims typically involve such a damages component.
Cell Phone Tower Lease Agreements – Lessor’s Negotiating Power
December 29, 2015 22:00 - 16 minutes - 13.8 MBThe cell tower market seems to be swinging slightly in favor of property owners. Lots of cell tower networks were constructed in the 90’s – now those leases are coming up for renewal, and over time, landlords have educated themselves and become smarter about what rates they should actually be getting – so it’s possible that rates might be on the rise. But landowners need to be careful and make sure they aren’t giving away the farm when negotiating these leases. In this podcast, attorney Kelly...
Tax Extenders Legislation for Businesses
December 22, 2015 22:00 - 17 minutes - 14.9 MBThere is a new tax and spending bill recently passed by the House of Representatives and working its way through Congress which extends some previous tax provisions that had expired on January 1, 2015. Many changes are permanent and some are temporary. In this podcast, attorney Steve Migala and CPA Dan Duncan address how this new legislation impacts businesses.
Everything You Need to Know about the Illinois Heath Care Power of Attorney Act
December 15, 2015 17:30 - 15 minutes - 13.7 MBIt is vitally important to prepare for your potential incapacity by executing estate planning documents – including and especially a power of attorney for health care and a power of attorney for property. In this podcast with Heather Walser, find out everything you need to know about these documents, and how to choose the best agent for the job.
Do I get Taxed on Transferring Property in a Divorce?
December 08, 2015 22:00 - 15 minutes - 13.1 MBDuring this podcast, attorney Amil Alkass discusses how property is transferred in divorce from one spouse to the other and the possible tax ramifications associated with a division of a marital estate.
Chapter 7 Bankruptcy
November 24, 2015 22:00 - 16 minutes - 13.8 MBIs bankruptcy right for me? In this podcast, attorney Timothy Hughes explains the different factors that lead people to file for chapter 7 bankruptcy, and all that is involved in this process.
Illinois’ Landmark Body Camera Law
November 17, 2015 22:00 - 15 minutes - 13.2 MBLegislation signed by Governor Rauner on August 12, 2015, outlines how police should use body cameras and establishes updates aimed at bias-free policing and improving police training. Specifically, the law addresses when body cameras should be worn, when taping should begin, and how long recorded videos should be kept. In this podcast, attorney Sarah Flohr explains this new law in detail.
Restrictive Covenants for Home Healthcare Businesses
November 11, 2015 20:30 - 16 minutes - 13.8 MBRestrictive covenants are critical to protect relationships with patients. However, recent court decisions have impacted the enforceability of such covenants. Therefore, agencies must be cautious in how they draft such agreements. In this podcast, attorney Ted McGinn explains what you need to know before you draft restrictive covenant agreements.
Resolution Outside of Litigation
November 10, 2015 22:00 - 16 minutes - 14.1 MBParties can resolve their differences outside of court even after litigation has begun, and whether it’s at the initial proceeding or getting close to trial. There is arbitration and mediation which may assist or completely resolve the issues in dispute. Depending on the dollar amount alleged in a case, a case may be mandated to go to arbitration. Arbitration is more like a trial, and mediation is more like a settlement conference. At the arbitration, you will present evidence and ask questio...
IRS Trust Fund Tax Liabilities
October 28, 2015 21:00 - 16 minutes - 13.8 MBOne thing that many business owners do not realize is that if their company does not pay its employment taxes, they can be held individually responsible for a significant portion of the unpaid taxes. This means that while the company’s liability will essentially be forgotten when the business closes, this personal liability remains, and must be paid, even after the business is closed. In this podcast, attorney Joshua Nesser discusses the circumstances under which this “Trust Fund Recovery Pen...
Should I Add my Children to my Bank Account?
October 27, 2015 21:00 - 15 minutes - 13.6 MBAs parents get older, they often consider adding their children to bank accounts in order either to ease the administrative burdens of daily financial interactions, or as a very basic form of estate planning. In this podcast, attorney Brian Warens discusses the unintended and undesirable consequences of parents adding children to bank accounts and how to avoid the same.
Defending Wage Claims
October 22, 2015 20:00 - 16 minutes - 13.9 MBOne of my employees had filed a wage claim against me – what do I do now? In this podcast, attorney Lance Ziebell discusses what a wage claim is and how to defend one.
How Does the New Calculation for Maintenance Affect my Divorce Case?
October 20, 2015 21:00 - 15 minutes - 13.7 MBA new maintenance law took effect on January 1, 2015 that provides a strict calculation for how much maintenance – formerly known as alimony – a spouse will pay in a divorce. This podcast, with attorney Kristina Regal, explores what the new law says – and what it doesn’t say.
Nuts and Bolts of a Marital Settlement Agreement
October 13, 2015 21:30 - 16 minutes - 13.8 MBWhat does the Court need to finalize a divorce decree? What, if any items can be dealt with at a later time? Listen to Attorney Jenét Pequeño from Lavelle Law describe the process of getting the final documents that the court needs to finalize a divorce. Learn what the court looks at in terms of settlement provisions and how it is dealt with. The process can be filled with challenges that would make somebody second guess going it alone.
Craft Brewers and the Law in Illinois
October 08, 2015 21:00 - 15 minutes - 13.2 MBOften at odds with each other, the Associated Beer Distributors of Illinois and the Illinois Craft Brewers Guild finally crafted some sweeping and overdue changes to craft brewing laws in Illinois loosening up tight restrictions on how and when craft brewers sell beer and how much they can brew. This new legislation was signed into law on August 24, 2015. In this podcast, attorney Kelly Anderson explains the specifics of this new legislation.
Enforcement Judgment
October 06, 2015 18:30 - 16 minutes - 13.9 MBOften times, employment contracts contain restrictive covenants which operate to restrict the employee in some way upon the employee’s termination or resignation. The question of whether a restrictive covenant is enforceable is one of law and depends upon the reasonableness of its terms. In this podcast, attorney Jennifer Burt discusses the different types of restrictive covenants, their enforceability, and their limitations.
Cleaning Criminal Records
September 29, 2015 21:00 - 16 minutes - 13.8 MBThis podcast focuses on the steps necessary to clean up a person’s public record of a criminal arrest. Attorney James Doerr explains expungements and sealings of records.
Deed in Lieu of Foreclosure
September 09, 2015 19:00 - 16 minutes - 14 MBIn this podcast, attorney Steve Migala discusses what a "deed in lieu of foreclosure" is and its advantages. A "deed in lieu of foreclosure agreement" is a contract between a defaulting borrower and a lender who has filed or is contemplating a foreclosure proceeding. The parties agree to settle the matter by having the borrower voluntarily surrender the real property to the lender in exchange for the avoidance of the foreclosure proceeding, which may include the lender's agreement to release ...
Negotiating Debt – Making a Lump-Sum Offer Work
September 01, 2015 21:00 - 15 minutes - 13.7 MBCreditors are never required to accept a settlement offer. What can you do to improve your chances? In this podcast, attorney James Voigt discusses when to engage in a lump sum settlement and what to consider before making such a decision.
Lavelle’s New Book Published by the ABA
August 26, 2015 21:00 - 16 minutes - 13.9 MBRelying on his 25+ years of experience in operating his own practice, attorney Kerry Lavelle has authored a new book on law practice management that has been published by the American Bar Association. The Business Guide to Law: Creating and Operating a Successful Law Firm takes a new approach to the topic as it describes why and how running a law firm must be approached first from a business perspective. The book is also unique in the marketplace in that it covers three distinct phases of the...
Elder Abuse – How to Prevent It, and What To Do When You Suspect It
August 11, 2015 16:30 - 17 minutes - 15 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, attorney Heather Walser explores: (1) the options available to help prevent these types of elder abuse, and (2) the steps you should take if you suspect that a ...
How do I Change my Name Legally?
August 04, 2015 21:00 - 15 minutes - 13.7 MBThis podcast addresses name change petitions in Illinois for both adult and children. Attorney Amil Alkass explores the process of obtaining a name change and the legal requirements that must be met.
Property Tax Appeal
July 29, 2015 19:00 - 16 minutes - 14.1 MBIn this podcast, attorney Tim Hughes explains how property taxes are calculated and what possibly can be done to lower yours.
Illinois’ Proposed Legislation That Could Save Lives
July 14, 2015 21:00 - 16 minutes - 13.8 MBMedical amnesty policies are laws or acts which protect from liability those who seek medical attention as a result of illegal actions. In Illinois, the House and Senate have passed a bill which would provide immunity to individuals under the age of 21 who are in need of medical help as well as those who call on their behalf. Proponents say the proposed bill would help to remove the fear of legal trouble which prevents teens from calling for help for a friend who has passed out after drinking...
Post-Judgment Proceedings
July 07, 2015 21:00 - 16 minutes - 13.9 MBPeople often think that entering a judgment means the case is complete, but it’s only just the beginning. In this podcast, attorney Heidi Kuffel shares what actually happens after a judgment is entered. She discusses post-judgment proceedings, conditional judgments, and who can issue citations as well as what happens when they’re not answered.
36 Month Rule – Transfer of Medicare Providers
June 29, 2015 16:00 - 16 minutes - 14.1 MBIn the wake of rampant transfers of Home Health Care providers, Medicare passed the “36 month rule” that now restricts the ability of an owner of a home health care company from transferring their ownership, within certain time frames. In this podcast, attorney Ted McGinn discusses the 36 month rule and it's impact on Home Health Care.
Do Custodial Parents Ever Have to Pay Child Support?
June 16, 2015 21:00 - 16 minutes - 14 MBMost people are familiar with the concept of child support – that a parent without residential custody has to pay a parent with residential custody money to support his or her child. But a recent Illinois court ruling now provides that parents who have residential custody may have to pay child support to parents without residential custody, in some cases. This podcast with attorney Kristina Regal explores when this new case law applies to divorce cases, and when it doesn’t.
IRS Audit Defense
June 11, 2015 20:30 - 16 minutes - 14.1 MBOne of the IRS’s strongest methods of enforcement and collection is auditing tax returns. In this podcast, attorney Josh Nesser will discuss why audits occur, what occurs in an audit, and what options taxpayers have when they disagree with audit results.
Why do I Need an Employee Handbook?
June 02, 2015 19:00 - 16 minutes - 14.1 MBIn addition to making clear a company’s policies and procedures, employee handbooks can help an employer when employees make claims against the employer. Listen to attorney Lance Ziebell to find out how and why.
All About the New Maintenance Law for 2015
May 19, 2015 21:00 - 16 minutes - 14 MBThis podcast addresses the changes to the Illinois law effective January 1, 2015 regarding maintenance (formerly known as alimony) for Illinois divorce and legal separation cases. Attorney Amil Alkass explains the differences between maintenance and child support, as well as how the court determines and calculates maintenance.
How to Fix Driver’s License Suspensions
May 12, 2015 21:00 - 16 minutes - 13.8 MBIn this podcast, attorney James Doerr discusses the beginning steps of reinstating one’s privilege to drive.
Guardianship: Court Procedures Required to Become a Guardian
May 05, 2015 21:00 - 16 minutes - 14 MBIn order to be appointed as a guardian for a person or an estate, there are various court procedures that must be followed. In this podcast, attorney Jennifer Burt explains how to file a Petition for Adjudication of disability and for the appointment of a guardian of the estate or person.
Food Trucks – Chicago’s Tough Restrictions
April 30, 2015 21:00 - 16 minutes - 13.8 MBFood trucks have hit it big in the last few years. Before that, food trucks were generally just thought to serve coffee or basic sandwiches to construction workers. Now, people are excited about food trucks like they are going to the opening of a new restaurant. They serve gourmet food, everything from tacos to specialty cupcakes. Chicago is a city chock full of foodies and great restaurants. But rather than be on the forefront of the food truck boom, Chicago’s food truck laws are extremely ...
Negotiating with Giants – Indemnification Language
April 28, 2015 21:00 - 16 minutes - 13.7 MBIndemnification can present a major risk with large numbers especially when contracting with large companies.Understand your risks and ability to push back when needed. Tune in to this podcast and listen to attorney Jim Voigt's helpful advice on the subject.
The Pitfalls of Do-It-Yourself Estate Planning
April 23, 2015 16:00 - 16 minutes - 13.7 MBHave you ever considered writing your own will? You may think, "I know what I want – how hard can it be?" Unfortunately, with DIY estate planning, you really do "get what you pay for." Heather Walser addresses the topic of estate planning and why using an estate planning attorney may save you time and treasure in the end.
Real Estate Brokers, Broker Price Opinions and Comparative Market Analyses
April 16, 2015 21:00 - 16 minutes - 14.1 MBThe Illinois Real Estate License Act of 2000 now authorizes real estate brokers to issue Broker Price Opinions (BPOs) and Comparative Market Analyses (CMAs) in connection with the sale or rental of real estate. It also exempts licensed real estate brokers from the Real Estate Appraiser Licensing Act of 2002 when they are issuing BPOs and CMAs for no compensation other than in connection with the sale or rental of real estate. This podcast with attorney Steve Migala explores the legislative ch...