November 3, 2009

FOR IMMEDIATE RELEASE

TO:                             All news media

FROM:                       McElroy Associates, 630-355-3151
RE:                             Welcome to the (legal) jungle

Young people entering the work force have a lot on their plates these days. If finding a job during a deep recession isn’t bad enough, many also find themselves dealing with the civil justice system.

Potential legal issues include: employment contracts; landlord problems; work-related injuries and worker’s compensation; marriage; divorce; starting a business; bankruptcy and bad debts. Many young people may not be aware of which situations warrant review by an attorney.

“People entering the workplace after finishing their formal education sometimes get a crash course in the school of hard knocks,” said Peter Corti, an attorney since 1971.

“Buying a home, getting married—or divorced--getting injured on the job—there are many situations where young people will need to decide whether they need a lawyer,” said Corti, a partner with the Chicago-based firm of Corti, Aleksy and Castaneda.

Many problems center on jobs.  Even the most benevolent employer can act differently after one of his employees gets hurt at work.  That’s what former auto mechanic Karl Gewalt found out several years ago when an engine block fell on his hand, crushing it and almost severing a finger.

“When you get injured and can’t work you see a whole new side of your employer,” said Gewalt, a resident of McHenry who was 31 when he got hurt.  When the insurance company handling his workers compensation  dragged its feet on paying medical bills, Gewalt talked to two other attorneys. “They were promising me the whole world, but with them it was all about the money.”

Gewalt had better luck when a neighbor suggested Corti, Aleksy and Castaneda.  “They helped me through the whole process, giving me lots of information and help even before I actually hired them.” 

When dealing with the insurance company, Gewalt found it was good to have the right attorney on his side.

“Things changed almost overnight,” said Gewalt, who found the insurance company suddenly paying bills much faster.  Corti also helped the injured mechanic find the best possible physical therapist, “not the one the insurance company had recommended.

“I owe him a lot,” Gewalt said.

The legal community echoes Gewalt’s admiration.  Corti is listed in the Best Lawyers of America, a respected peer-review publication in the legal profession. 

Corti also has been named an Illinois Super Lawyer, as have his partners, Richard Aleksy and John Castaneda.  Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Research is performed by Law & Politics, a journal of legal issues.

In addition to injuries, another potential on-the-job worry can be employment agreements.  In a down economy, most job-hunters are eager to begin their new career. But many employment agreements are fraught with legal peril. Real estate, pharmaceuticals, manufacturing and construction are just some of the professions subject to thorny non-competition clauses and intellectual property rights agreements.

A resident of Chicago’s Old Town neighborhood, Ryan, 33, has already purchased a home and started five companies in the biotech, medical and software industries. He has been on both sides of employment contract disputes, first as an employee and then as management.

“Some young people are so excited to be working that they just sign their agreement without thinking,” Ryan said. “They don’t realize that they’re signing non-competition clauses that may prevent them from working in the industry that they’re an expert in.”

Employers usually can’t enforce these agreements, but that doesn’t stop them from trying. Companies know their former employees can’t afford to fight a lawsuit – even one that is groundless. That’s why Ryan recommends consulting an attorney prior to signing any employment agreement that limits the ability to work in a given field or the amount of overtime an employee can work.

A related area of possible contention is “works of authorship.” Young composers or computer software developers may not know how to keep their ideas from being poached, either by their employer or someone else.

Legal potholes don’t end at the workplace. Young people can run into trouble on the way to another of life’s milestones – buying their first home. Homebuyers should be careful about who they choose to help them.

“You can get into a situation with a Realtor who maybe has a friend who is an attorney that pushes things through so that they get the highest commission or get the deal done fast,” Ryan said.

When Ryan and his wife bought their first home, they paid for an inspection to alert them to any potential problems with it. But the inspector missed serious flood damage that had not been repaired. Only six months later did the couple realize that inspectors are only liable for the fee they charged to perform the inspection.

Ryan and his wife had paid him $350 – not nearly enough to cover the damage, and not enough to bother trying to get their money back. “Our attorney said it would be more trouble than it was worth,” Ryan said.  “He also suggested, for future reference, that a home buyer get a second inspection—much like a second opinion from a doctor—if they suspect any reason to be concerned.”

Part of being a good lawyer is knowing when to refer a case to another attorney.  “Maybe an attorney who does not have many clients will be tempted to take on cases outside their areas of expertise, but professional, high-quality attorneys know not just when to refer a case but who to refer it to,” said Corti.  “That’s part of the reason so many lawyers refer clients to us if they have worker compensation or personal injury problems, because those are our areas of concentrations,” he said.

Attorneys can be cost effective even for minor infractions.  Mike McElroy, 24, said he ran afoul of the DuPage County Traffic Court when he received his second moving violation with 11 months.  State law prohibits drivers from receiving court supervisions more than once a year; the second violation appears on the driver’s record and can cause insurance premiums to rise.\

“I never realized having an attorney could come in handy for something as simple as a traffic ticket,” said McElroy, who lives in downtown Chicago.  “But there were about 100 people in traffic court that day, and my attorney had me out of there in 15 minutes with only a three-month probation,” he said.

When in doubt, McElroy advises his peers to seek legal advice.  “Look at the cost versus the potential benefits,” he said.  “I might have been able to get probation on my own, but maybe not. Besides, it would have taken all day, and time is money.  It also provides peace of mind knowing you have someone who knows the system in your corner.”

McElroy was fortunate that his employer offered legal services as a fringe benefit.  Others can check credentials through bar associations, but Corti says word of mouth is still the best way to find the best attorney.

Another good resource, Corti says, is the Free Legal Health Checkup offered by the Illinois State Bar Association. It is available at http://www.illinoislawyerfinder.com/legalhealthcheckup.pdf.  For more information about the firm of Corti, Aleksy and Castaneda, call 312-782-8372 or visit: http://www.workcompguys.com/

                                                                        ##

(For more information, contact Peter Corti at 312-782-8372.)