Category Archives: News

Commercial Litigation Fundamentals – Parol Evidence Rule and Breach of Contract Litigation

Parole evidence is a rule of evidence that bestows a preferred status on final written agreements. The rule is designed to provide stability in business transactions. The rule protects the agreement from the risk of perjured testimony and the risk of uncertain testimony of a party with a “slippery” and “self-serving” memory. At trial, the […]

Basic Transfer on Death Instrument (TODI) Document Requirements

Pursuant to 755 ILCS 27/40, a TODI must include the following info:   Name(s) of grantor(s) – the people who currently own the real estate;   Name(s) of grantee(s) – the people who will be the beneficial owners once the grantor(s) dies;   Description of the property to be conveyed (address, legal description, PIN number); […]

Bankruptcy Fundamentals – Secured Debt

A secured debt is one that is secured by property, which the creditor can take if you default. For example, your mortgage is secured by your home. If you default on your loan, the lender can sell your home to repay your debt. A car loan is also a secured debt. In addition to these […]

Statutory Update – Healthcare Powers of Attorney

Effective January 1, 2023 Public Act 102-794 here in Illinois allows the properly appointed agent of a healthcare power of attorney to present a digital copy of the fully executed power of attorney on an electronic device (cell phone, iPad, etc.). Health care provides are required to accept the executed digital copy just as if […]

Commercial Litigation Fundamentals – Parol Evidence Rule and Breach of Contract Actions?

Parole evidence is a rule of evidence that bestows a preferred status on final written agreements. The rule is designed to provide stability in business transactions. The rule protects the agreement from the risk of perjured testimony and the risk of uncertain testimony of a party with a “slippery” and “self-serving” memory. At trial, the […]

Bankruptcy Fundamentals – What is Secured Debt?

A secured debt is one that is secured by property, which the creditor can take if you default. For example, your mortgage is secured by your home. If you default on your loan, the lender can sell your home to repay your debt. A car loan is also a secured debt. In addition to these voluntary […]

Probate Fundamentals – What Are Letters of Office?

A. Despite its name, “Letters of Office” are not really a letter.  Instead, the Letters of Office are a one-page official certified document issued by a probate court after a probate estate has been opened. Letters of Office cannot be obtained without first opening a probate estate.  Upon entry of an order by the Court, the […]

Case Law Update – Traffic Law – Actual Physical Control for a DUI Arrest

In People v. Cox, 2020 IL App (2d) 171004, Defendant appealed his conviction for driving under the influence of alcohol pursuant to 625 ILCS 5/11-501(a)(1), asserting that the State did not prove him guilty beyond a reasonable doubt, because the evidence showed that he was merely standing outside a running vehicle that another person was […]

Three Keys to a Successful Deposition

Speak only to what you know. Do not guess. Do not fabricate. If you do not remember, say so. Stay calm. Breathe. It is easy to let nerves, anxiety and anxiousness to make the deposition much harder than it needs to be. Listen attentively to the questions being asked. Most questions require a simple yes […]