Category: Professional Regulation and Licensure

Past Felonies May No Longer Be a Licensing Hurdle Under New Illinois Laws

Posted on by Louis Fine

ball and chainThe consequences of a felony conviction go far beyond hefty fines, significant fines, and restrictive probation terms. A long-ago lapse in judgment that led to a conviction can be a burden for decades; a stain on your reputation that can hinder your attempts to move forward with your life. This is especially true in the context of career and employment opportunities. Fortunately, recently enacted Illinois laws have made it easier for some individuals to rebuild their lives and pursue their professional dreams, earlier felonies notwithstanding.

Felonies No Longer Automatic Bar for Health Care Workers

Prior to January 1 of this year, a felony conviction would mean that professional licenses for certain health care workers would automatically be denied or revoked by the Illinois Department of Financial and Professional Regulation (IDFPR).

Under legislation that became effective at the start of 2017, however, most felony convictions will not be an insurmountable hurdle for Illinois health care workers who are required to have a professional license, including:

  • Physicians
  • Dentists
  • Nurses
  • Occupational therapists
  • Optometrists
  • Pharmacists
  • Physical therapists
  • Physician assistants
  • Psychologists
  • Clinical social workers

The new law establishes a review process that allows applicants and licensees to present information proving they have been rehabilitated from their previous convictions. The IDFPR will review petitions for licensure and the impact of a prior felony conviction on a case-by-case basis, taking into consideration such things as the seriousness of the offense, voluntary remedial actions taken by the applicant, and prior disciplinary history.

Illinois health care workers whose licenses have been revoked because of a felony conviction may petition the IDFPR to restore their license if more than 5 years have passed since the conviction or more than 3 years have passed since the health care worker’s release from confinement for that conviction, whichever is later.

The new law doesn’t apply to certain individuals, however, including registered sex offenders or people who have been convicted of criminal battery against any patient who was being treated. Such individuals will be permanently denied professional licenses under the law.

A separate law, also effective January 1, provides that the IDFPR can take a past felony conviction into account when deciding whether to issue a license only if the offense relates to the kind of work the applicant is seeking to do. The department will also be required to issue a written decision if it rejects an applicant based on a past conviction. The law covers licenses for funeral directing and embalming, roofing contracting, cosmetology, esthetics, hair braiding, nail technology and barbering.

If you have had an application for an Illinois professional license denied or a previously issued license revoked due to a felony conviction, these new laws offer you a chance to continue with your career. An experienced Illinois professional licensing attorney can help you through the process.

Louis Fine: Chicago Professional License Defense Attorney

As a former Chief Prosecuting Attorney and administrative law judge for IDFPR, I have seen the serious consequences that an adverse enforcement decision can have on professionals who suddenly find their future in disarray. I understand how and why the Department decides to pursue investigations, how it handles negotiations, and how to approach formal proceedings in a way that gives my clients the best possible chance of a positive and expeditious outcome.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. Together, we will get you back to your clients and your career.

Defending Yourself Before the IDFPR is a Gamble You Can’t Afford

Posted on by Louis Fine

If you fgambleind yourself on the receiving end of a complaint, the subject of an investigation, or facing a disciplinary proceeding before the Illinois Department of Financial and Professional Regulation (IDFPR), don’t bother defending yourself.

That’s not to say your license, reputation, and career aren’t worth fighting for; quite the opposite, actually. But the policies and procedures that govern IDFPR investigations, hearings, and imposition of sanctions are unique and complicated, and often times unwritten and informal; even skilled and experienced attorneys who do not practice before IDFPR can find themselves at a loss when dealing with licensure issues. You may be the target of a completely meritless client/patient complaint; you may have all of the facts on your side and the documentation or witnesses to prove it. But all of your arguments and evidence may never see the light of day if you don’t know the proper way to present your case.

Your lack of knowledge of the process and how IDFPR prosecuting attorneys think and work also means you may miss out on opportunities to resolve your case sooner, cheaper, and with a more positive outcome. The ability to effectively reach a negotiated resolution with prosecutors depends on understanding the range of consequences, the risks involved in proceeding to a full hearing, and the likelihood of obtaining a successful result. Unless you have had extensive experience defending your professional license (which is hopefully not the case), you will be at an overwhelming disadvantage in negotiations with IDFPR prosecuting attorneys.

Even worse, the process can be manifestly unfair and stacked against you. Experienced and aggressive prosecutors have your license in their sights, and the hearing officer who will determine your fate is not necessarily independent and unbiased. IDFPR hearing officers are employed and paid by the IDFPR, just as the prosecuting attorneys are. Whether a hearing officer is consciously biased or not, the fact that their paychecks are coming from the very same folks who are seeking to discipline a respondent creates an implicit conflict of interest and calls into question the fairness of the entire process.

You are no doubt smart and know your profession well, but don’t make the mistake of thinking that you can or should handle an IDFPR investigation on your own.  Your reputation, career and livelihood are at stake.  Now is not the time to take a flyer and hope for the best.

Louis Fine: Chicago Professional License Defense Attorney

As a former Chief Prosecuting Attorney and administrative law judge for IDFPR, I have seen the serious consequences that an adverse enforcement decision can have on professionals who suddenly find their future in disarray. I understand how and why the Department decides to pursue investigations, how it handles negotiations, and how to approach formal proceedings in a way that gives my clients the best possible chance of a positive and expeditious outcome.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. Together, we will get you back to your clients and your career.

Illinois Dentists: Brush Up on These Tips If You Get a Notice From IDFPR

Posted on by Louis Fine

dentistIf you’re an Illinois dentist or other medical professional, there are three things you don’t want to see when you pick up your mail: junk mail, bills, and an unexpected envelope from the Illinois Department of Financial and Professional Regulation (IDFPR). The first is annoying; the second is the cost of doing business; but the third could cost you your practice, your reputation, and your career if you don’t handle things properly.

When you open that envelope and see that a complaint has been lodged against you and/or that you are under investigation, you have a critical choice to make. You can react emotionally and angrily; with righteous indignation at the complaining patient, the Board of Dentistry, or the IDFPR. Or you can do the right things that can help you whether the storm, effectively and rationally address the issues, and resolve the matter efficiently so you can get back to treating your patients.

If you are under investigation or have been accused of violations of the Illinois Dental Practice Act (the “Act”), acting out of emotions such as fear or anger can only make the situation worse and create problems that would not have existed had you only proceeded in a calm, thoughtful, and responsive way. So, keep these tips in mind if and when you find out you are being investigated by the IDFPR:

  1. Keep calm and carry on. While your heart may start beating faster when you get a complaint or notice of investigation, don’t panic. One, panic and irrationality rarely lead to good things and wise decisions. More importantly, panic is likely unwarranted. Many if not most IDFPR complaints and investigations against Illinois dentists are resolved either after an informal hearing or without any action being taken at all. Not that you shouldn’t take the matter seriously, retain experienced license defense counsel, and respond in a complete and timely manner. But keep in mind that during a long and successful dental career, you’ll have treated hundreds if not thousands of patients for any number of reasons. A complaint can arise from a cleaning as much as it can come from a root canal, and may be based on absolutely nothing of substance. Remember that as you try to return your blood pressure to normal.
  1. Address the issue. As unfounded as you believe a patient’s complaint or the IDFPR’s basis for investigating you may be, ignorance is not bliss. Failing to respond – or responding in a dismissive and contemptuous manner – just because you believe the matter to be bogus will create problems where perhaps none existed. Don’t angrily crumple up the letter or shove it in your desk drawer. Failure to respond in a timely fashion to an initial IDFPR inquiry could subject you to IDFPR discipline, even if there was no merit to the underlying complaint. For example, “failing, within 60 days, to provide information in response to a written request by the Department in the course of an investigation” is itself a basis for revocation or suspension of a dental license under the Act.
  1. Bite your tongue. One of the worst things you can do is respond directly to or take any adverse action against the patient or other individual who filed the complaint with IDFPR. Don’t stop treating a patient without doing so in accordance with the rules governing the profession, as “abandonment of a patient” is one of the 38 specified bases for license suspension or revocation set forth in Section 23 of the Act, along with such potentially retaliatory actions as “irregularities in billing” and ”immoral conduct.”
  1. Get an IDFPR defense lawyer. The policies and procedures that govern IDFPR investigations, hearings, and imposition of sanctions against dentists and dental hygienists are unique and complicated, and often times unwritten and informal. The rules can also be terribly unfair. Even skilled and experienced attorneys who do not practice before IDFPR can find themselves at a loss when dealing with licensure issues. You are no doubt smart and know your profession well, but don’t make the mistake of thinking that you can or should handle an IDFPR investigation on your own. Your reputation, career and livelihood are at stake.  Now is not the time to take a flyer and hope for the best. Call an experienced Illinois dentist and health care provider license defense attorney as soon as possible after you’ve received that dreaded letter, and let them ease your fears and take the steps necessary to protect your license and your future.

Louis Fine: Your Chicago IDFPR Attorney

The moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFRP prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will get you back to you patients and dental career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

The “F” in IDFPR Doesn’t Stand for “Fair”

Posted on by Louis Fine

unfairYou probably know that under the Fifth Amendment to the U.S. Constitution, no person shall be “deprived of life, liberty, or property, without due process of law.” While the Fifth Amendment only applies to the federal government, the Fourteenth Amendment provides identical protections from unfair deprivation of those things by a state.

The Illinois Department of Financial and Professional Regulation (IDFPR) is a body of the state of Illinois.

Your professional license is your property. In many respects, it is also your life and liberty. It is what allows you to fulfill your life’s work and provide for your family.

It certainly should be. But it most definitely isn’t in a number of key respects.

If you receive notice from the IDFPR that you are under investigation or that disciplinary proceedings have been commenced against you, don’t count on the IDFPR to be looking after your rights. Don’t think that you will be provided with the same due process protections that you would receive in a criminal prosecution or the broad rights to seek and obtain evidence that you would get in a civil lawsuit.

The IDFPR Can Limit Your Ability to Defend Yourself

The IDFPR’s procedural rules and practices put licensees at a sometimes crippling disadvantage in disciplinary proceedings. Perhaps the biggest example of this unfairness is the discovery process.

The process of investigating, obtaining evidence, and eliciting testimony relevant to a case – whether it be a civil, criminal, or administrative proceeding like IDFPR disciplinary hearings – is known as “discovery.” It’s how the parties find out the facts, whether they help or hurt their respective cases. It is a fundamental aspect of fairness, and if a party is not permitted to fully develop the evidence necessary to support their case or challenge the evidence obtained by the other side, it is an inherently unfair process.

In formal IDFPR disciplinary proceedings, the licensee’s ability to pursue the discovery necessary to defend themselves is extremely limited. In fact, the extent of allowable discovery is determined by the very people who are prosecuting the case. Once the Department provides names of witnesses, including the name of any individual whose complaint may be at the heart of the proceedings, a respondent cannot take their depositions unless the Department’s attorney agrees. If the Department nixes a deposition request, that means the respondent will not be able to confront that witness, learn what his testimony will be, or attack the veracity of his testimony until the actual hearing. That is manifestly unjust and leaves a respondent and their attorney fighting with one arm tied behind their back.

Similarly, if there are witnesses that the licensee wishes to subpoena for testimony, those subpoenas have to be authorized and approved by the Department. Again, the very people seeking to deprive someone of their professional license can also deprive them of their ability to defend themselves.

Hearing Officers Are Not Independent

While it is the job of IDFPR’s prosecuting attorneys to enforce professional regulations and pursue disciplinary action against licensees, it is the hearing officer’s job to preside over those proceedings fairly and objectively without favoritism or bias. The problem is the hearing officers are not independent. They are employed and paid by the IDFPR, just as the prosecuting attorneys are. Whether a hearing officer is consciously biased or not, the fact that their paychecks are coming from the very same folks who are seeking to discipline a respondent creates an implicit conflict of interest and calls into question the fairness of the entire process.

With the deck so stacked against licensees, it is absolutely crucial that you retain an experienced IDFPR defense attorney to defend your rights, your license, and your livelihood if you find yourself in the Department’s sights.

Louis Fine: Chicago Professional License Defense Attorney

The moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFPR prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will get you back to you clients and your career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Illinois Nurses: Take Care of How You Treat the IDFPR or Risk Losing Everything

Posted on by Louis Fine

nursesThere are lots of things you can look forward to in the mail – birthday cards, paychecks, that cool thing you just ordered from Amazon. But if you are a nurse in Illinois, an unexpected envelope from the Illinois Department of Financial and Professional Regulation (IDFPR) is not one of them. There’s a good chance that the envelope contains either a complaint which a patient has lodged against you and/or a notice that you are under investigation for alleged violations of your professional obligations.

Whether you are a Registered Professional Nurse (RN), Licensed Practical Nurse (LPN), or Advanced Practice Nurse (APN), don’t panic if that envelope does come and make sure you avoid these other IDFPR “don’ts” as well. But you’d rather not get such potentially devastating news in the first place.

In addition to the many bases for disciplinary action that are related to the performance of your duties as a nurse, there are also many ways to get in trouble related to your duties to the IDFPR. The IDFPR does not like being ignored, lied to, or denied information relevant to your license and professional history. Here are three ways your interactions with the IDFPR can lead them to threaten your ability to continue practicing:

  • Ignoring the IDFPR. Burying your head in the sand is the worst possible thing you can do if and when the IDFPR contacts you. You are subject to discipline if you:
    • Fail, within 90 days, to provide a response to a request for information in response to a written request made by the IDFPR by certified mail.
    • Fail to report to the IDFPR any final disciplinary action taken against you by another licensing jurisdiction, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
    • Fail to report to the IDFPR your surrender of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction.
    • Failing, within 60 days, to provide information in response to a written request made by the Department.
  • Burying bad news. If you are disciplined in another jurisdiction, you need to report that to the IDFPR. They say the cover up is always worse than the crime, so make sure that you:
    • Report to the IDFPR any final disciplinary action taken against you by another licensing jurisdiction, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
    • Report to the IDFPR your surrender of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction.
  • Lying. Period. You lie or intentionally deceive the IDFPR, you will lose your license; it’s just that simple. Specifically:
    • Material deception in furnishing information to the Department.
    • Fraud, deceit or misrepresentation in procuring or applying for a renewal of your license.
    • Attempting to subvert or cheat on a licensing examination.
    • The use of any false, fraudulent, or deceptive statement in any document connected with your practice.
    • Willfully making or filing false records or reports in your practice, including but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.

In addition to your communications directly with the IDFPR, your communications to the world at large through social media can put your license at risk. What you post on Facebook, Twitter, Instagram or other social media platforms can be used as evidence against you in any disciplinary action brought by the IDFPR. Depending on what you post, you social media use can itself be a basis for discipline if it violates patient confidentiality, reflect immoral conduct relating to your practice, or otherwise violates any other basis for discipline as set forth in the Illinois Nurse Practice Act.

Louis R. Fine: Chicago Nursing License Defense Attorney

If you’re a licensed Illinois nurse, the moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFRP prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will protect your license and get you back to your patients and your career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Want to Lose Your Illinois Real Estate Broker’s License? Here Are 5 Good Ways to Do It.

Posted on by Louis Fine

license appThere may be 50 ways to leave your lover as Paul Simon sang long ago, but there are just as many ways for Illinois real estate brokers to leave their licenses vulnerable to revocation by Illinois regulators.

Real estate brokers in Illinois are subject to some of the most stringent licensing requirements of any profession in the state. The steps that need to be taken and qualifications that need to be met to obtain a broker or managing broker license are extensive and complex. The missteps that could lead to the loss of a license are equally voluminous. Every day, Illinois real estate brokers need to be vigilant in their words and their deeds to avoid raising the eyebrows of the Illinois Department of Financial and Professional Regulation (IDFPR).

A full list of the (43!) reasons the IDFPR could revoke, suspend, or refuse to renew an Illinois real estate broker’s license can be found in Section 20-20 of the Illinois Real Estate License Act. But for purposes of our Section 20-20 vision in this post, here are five great ways to lose your Illinois real estate broker’s license:

  1. Lies, lies, lies. Whether in a conversation, an e-mail, an advertisement, or otherwise, if you make a misrepresentation or a promise you know you can’t keep, you’ll find yourself facing IDFPR disciplinary action. Specifically, this includes:
    • Advertising that is inaccurate, misleading, or contains a substantial misrepresentation;
    • Making any false promises of a character likely to influence, persuade, or induce;
    • Pursuing a continued and flagrant course of misrepresentation or the making of false promises through licensees, employees, agents, advertising, or otherwise;
    • Using any trade name or insignia of membership in any real estate organization of which the licensee is not a member;
    • Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
  1. Conflicts. Acting for more than one party in a transaction without providing written notice to all parties for whom the licensee acts.
  2. Money/escrow funds. Playing fast and loose with other people’s money, even without any nefarious intent, is an easy way to lose your license. This includes failure to account for or to remit any money that belongs to others, failure to maintain and deposit escrow funds in a special, separate account that satisfies all regulatory requirements, and comingling client and personal funds.
  3. Files and documents available for review. You need to make sure you keep all documents and files in order and quickly available to the IDFPR and/or clients. Specifically, you could lose your license if you:
    • Fail to provide escrow records and related documents maintained in connection with the practice of real estate within 24 hours of a request for those documents by IDFPR personnel;
    • Fail to provide information requested by IDFPR, or otherwise respond to that request, within 30 days of the request;
    • Fail as a sponsoring broker to timely provide information, sponsor cards, or termination of licenses to the IDFPR upon request;
    • Fail to provide copies of documents to a party who has executed and requested such documents.
  1. Lack of judgment or abilities. If a licensee has engaged in a pattern of conduct which could indicate the loss of ability to practice the profession with reasonable judgment, skill, or safety due to substance abuse, age or illness, the IDFPR can begin license revocation proceedings even in the absence of any complaints or harm.

Louis R. Fine: Chicago Real Estate License Defense Attorney

If you’re a licensed Illinois real estate broker, the moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFRP prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will protect your license and get you back to your clients and your career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Doctors Without Borders: Illinois Becomes 11th State to Streamline Multi-State Physician Licensure

Posted on by Louis Fine

License mapIllinois physicians seeking to practice in other states as well as out-of-state physicians looking to practice in Illinois will have an easier time doing so now that Illinois has joined 10 other states in enacting the Interstate Medical Licensure Compact Act (the “Act”).

Simplified Licensure Process

Signed into law on July 20th by Gov. Bruce Rauner, the Act allows physicians who wish to practice in any of the states participating in the Compact to obtain multiple state licenses without going through the process of submitting a formal application or providing the same materials to each participating state medical board.

An “Interstate Medical Licensure Compact Commission,” which will be formed now that a sufficient number of states have joined the Compact, will collect applicable fees and transmit the physician’s information and licensure fees to the additional states in which the physician seeks to practice.  Those states would then make the licensure decision.

Promoting Telemedicine

The driving force behind the Compact is the increasing use of telehealth technology by doctors and other health care professionals who are generally prohibited from delivering health care services through telemedicine to patients in states in which they are not licensed. By streamlining the licensing process and decreasing redundancy, the Compact aims to remove barriers to the use of telehealth in patient care.

11 States and Counting

In addition to Illinois, the other states that are currently members of the Compact are:

  • Alabama
  • Idaho
  • Iowa
  • Minnesota
  • Montana
  • Nevada
  • South Dakota
  • Utah
  • West Virginia
  • Wyoming

The number of states participating in this arrangement is only expected to grow, as legislation is currently pending in Maryland, Michigan, Nebraska, Oklahoma, Rhode Island, Texas, Wisconsin and Vermont that would bring those states into the Compact’s fold.

Louis Fine: Your Chicago Physician and Health Care Licensure Attorney

As a former chief prosecuting attorney and administrative law judge for the Illinois Department of Financial and Professional Regulation (IDFPR), and with experience both prosecuting and defending doctors and other health care professionals before IDFPR, I understand how the Department handles licensure matters, why it decides to pursue investigations, how it approaches negotiations, and how to handle formal proceedings in a way that gives my clients the best possible chance of a positive outcome.

If you are a physician or health care profession and have questions or concerns about a licensure matter, please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Your Choice of a Lawyer Matters. Here are Four Qualities to Look For.

Posted on by Louis Fine

What-To-Look-For-in-a-LawyerI meet with new clients and potential new clients on an almost daily basis. When I do, I know that the reason they are in my office is because they have important issues that need to be addressed; issues that can have a profound impact on their career, family, and future.

I also know that the decision as to which attorney they hire to assist them is one that they don’t, and shouldn’t, take lightly. There is no question that the quality and competence of an attorney can play a significant role in the outcome of a given matter, and how that attorney approaches his practice and relationship with clients can make the difference between peace of mind and constant worry.

Based on my experience, here are some qualities you should consider if you are in the process of looking for an attorney:

  • Knowledge of the Law. It goes without saying that your lawyer should know what he’s doing, and that includes keeping up to date on new developments and approaches. The law is constantly changing; new legislation, court decisions, rules, and guidelines come out all the time. It is crucial to hire a lawyer who not only understands the law as it is but who is aware and alert to the impact of changes which may take place.
  • Experience. So much of what happens in a legal matter is not based on things that can be found in books; knowing the nuances of both the law and the reality of practice is crucial to obtaining successful results. Look for a lawyer who knows their way around the courthouse, hearing room, or conference room. Look for a layer who knows how things work, and knows how things get done. Sound judgment and insight isn’t learned at a seminar. That is something that only comes from years of experience.
  • Communication. You no doubt have many questions about your situation, what may happen next, and what the plan should be going forward. Throughout your case, you’ll want to know that when questions and concerns come up, your attorney will be there, available and ready to answer and resolve them. You also want a lawyer who will actually listen to you and who will take the time to understand your needs and goals.
  • Empathy and Trust. When you meet with a lawyer, you are not there necessarily to discuss a case or a file; you are talking about your life. You want an understanding and compassionate lawyer who you can speak to about your concerns and issues and you want to feel as if they truly care and understand what is at stake. Choose an attorney who makes you comfortable, who is trustworthy and ethical, who you feel will truly expend all necessary efforts on your behalf, and who gives you a feeling of peace of mind every time you leave his office or hang up the phone after speaking with him or her.

The attorney-client relationship is a unique and important one, and the trust you place in your lawyer is something he or she should value and work every day to earn.

“How Much is This Going to Cost Me?” – Understanding How Attorney’s Fees Work

Posted on by Louis Fine

feesEither you or someone you know has likely found themselves in one of these situations at some point: you’re facing a health problem and want to see a doctor, or you know it’s been way too long since you’ve been to the dentist, or that leaky roof, broken air conditioner, or sputtering car is in desperate need of repair – but you put it off or never take care of one of these vital needs because you are worried about how much it’s going to cost.

The same thing happens when people are facing a problem or issue that requires the assistance of an attorney, often for the first time in their lives. But just like the foregoing problems won’t go away on their own, and likely will only get worse, ignoring a legal problem or failing to get help because you are worried about how much a lawyer will cost you may only end up costing you more in the long run. The reality is that a lot of folks don’t understand how attorneys charge for their work; sometimes, speaking with or even retaining an attorney to handle your matter won’t cost you anything at all.

Before you make a decision as to whether or not to reach out to a lawyer for help, it is important to understand the different kinds of attorney’s fee arrangements and which one may apply to your case. Here are the most common fee arrangements:

  • Initial Consultation. The first step in your relationship with a lawyer is usually your first meeting, or initial consultation, in which you discuss your specific problems, concerns, and questions with the lawyer and explore whether or not to retain the attorney to handle your matter. While some attorneys may charge you for that first meeting at a flat rate or an hourly rate (as discussed below), many attorneys, including myself, provide for free initial consultations regardless of whether or not you choose to hire the lawyer after your meeting.
  • Contingency Fee. When you see a lawyer in a TV commercial exclaim something like “You pay nothing unless we recover damages for you,” they are speaking about a contingency fee arrangement. Primarily used in personal injury, medical malpractice, Social Security Disability, and workers’ compensation matters, this arrangement means that if the attorney fails to recover any compensation for you either through trial or settlement, you are not obligated to pay any attorney’s fees (though you may be on the hook for out of pocket costs). If you do obtain a recovery, the attorney will take a percentage of that amount (most often 33⅓%, but sometimes higher or lower depending on the law or the agreement) as their fee and also reimburse themselves for any costs incurred during the case.
  • Flat Fee. For simpler matters like preparing a basic will, a standard bankruptcy matter, or uncontested divorces, an attorney may charge a flat fee, that is, a set amount up front for completing the requested work or for particular aspects of the matter.
  • Hourly Rate. This is perhaps the most common fee arrangement, and the one used most often in litigation matters. The attorney will charge you a dollar amount for every hour of time they work on your matter. How many hours your matter will require and how much per hour the attorney may charge for their work will depend on a number of factors, such as the complexity of the matter, the attorney’s experience, and the average rate in the community in which the attorney practices.
  • Retainer Fees. A “retainer” is essentially a deposit a client gives to an attorney at the beginning of the attorney-client relationship, with the funds being drawn upon to pay the attorney’s fees as the matter proceeds. These funds are usually deposited into a client trust account only to be applied to fees incurred for that specific client’s matter. At the conclusion of the case or relationship, any unused portion of the retainer will be returned to the client.

For those who are involved in a lawsuit, it is important to understand that most of the time (unless a contract, court order, or specific statute says otherwise), the prevailing party will not recover or recoup their attorney’s fees and costs from the losing party at the conclusion of the case.

Whatever the fee arrangement, it is important that you discuss and fully understand how the attorney will bill you for their time and their work, and that a written agreement be executed clearly explaining how the fee arrangement will work. Don’t simply ignore or put off any pressing legal matters; contact an attorney to see what arrangements can be made that will allow you to address your needs.

Don’t Make These Four Crucial Mistakes When an IDFPR Letter Comes

Posted on by Louis Fine

When the mail comes one day and you see an unexpected envelope from the Illinois Department of Financial and Professional Regulation (IDFPR), you’ll likely feel a wave of anxiety and trepidation wash over you as you speculate as to what lay inside. When you open the envelope and see that a complaint has been lodged against you and/or that you are under investigation, your mind may begin racing as you think back to what could have led to the complaint and look ahead towards the possibility of losing the professional license – and career – that you have worked so hard for.

Continue reading “Don’t Make These Four Crucial Mistakes When an IDFPR Letter Comes” →