Tomorrow is a day we should keep in perspective, take a deep breath and remember. It was Abraham Lincoln who, in 1863, proclaimed (and no matter what side of the political fence you are on, the words are from the heart) "The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget Read More
The Attorney That Answers His Own Phone…24/7/365
A colleague of mine, friend and great attorney in Wisconsin, Jonathan Groth, noted the signs of an attorney who listens and cares on his blog here when he said: I just finished a jury trial in Milwaukee County. During the trial preparation my client and I were talking about how long we’ve known each other. I was the attorney that answered the phone when he called in the very first time soon after the collision. He Read More
Insurance Company? Witnesses? Should You Talk to them?
After an auto or other accident (auto, malpractice, slip and fall--or any incident such as a breach of contract, sexual harassment incident, assault and battery, nursing home negligence and abuse or any incident you can possibly imagine), insurance companies will most likely be the first to contact you. Next, will be other individuals or entities--all trying to investigate and obtain information to build a defense Read More
PASSION – INTEGRITY – TRUST – RESULTS
PASSION - INTEGRITY - TRUST - RESULTS Taking a personal injury matter where a man, a woman or a child has been injured (slightly or significantly) requires, first and foremost, passion and empathy. If a lawyer cannot truly understand the suffering (again, small or significant) that another human being is enduring, the lawyer cannot demonstrate or exhibit to every person, insurance company and, ultimately, the jury Read More
Solicitation of Orders Outside the State of Illinois Covered by the IL Sales Rep Act…
At least one Court has interpreted the Illinois Sale Representative Act (the "Act") to hold that solicitation of orders occurring outside the State of Illinois after 1990 is covered by the Act. See Circuit Systems, Inc. v. Mescalero Sales, Inc., 925 F.Supp. 546, 549 (N.D. Ill. 1996). That is, so long as the constitutional minimum contacts test is satisfied, such "foreign" orders shall fall under the protection of the Read More
Sales Rep? Commission Due?
There is a little known law in Illinois called the "Illinois Sales Representative Act" which states that a "principal" who fails to timely make commission payments to a "sales represenative" is liable in a civil action for "exemplary damages" not exceeding 3 times the amount of the commissions owed to the sales representative and states that the principal "shall pay the sales representative's reasonable attorney's Read More
Attorneys’ Fees & Costs Under the IL Sales Rep Act
At least one Illinois Court has interpreted the mandatory award of attorneys' fees and costs in the event a principal fails to timely pay commissions due a sales rep. That Court found that the award of attorneys' fees and costs was not punitive in nature but was "compensatory." See Maher and Assoc., Inc. v. Quality Cabinets, 267 Ill.App.3d 69, 640 N.E.2d 1000 (2nd Dist. 1994). Therefore, principals beware--not only Read More
