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Practicing Law Without A License

Practicing Law Without A License

Practicing Law Without A License

Practicing Law Without A License

Practicing law without a license is a terrible idea that happens to some professionals, consultants or real estate agents may go over the line.

Be careful when carrying out your professional relationships and know where the line is for what your jurisdiction considers the unauthorized practice of law.  

In this article – we cover when some professional may enter into the unlicensed practice of laws and how to avoid it.

Unauthorized Practice of Law

Illinois, like all states, prohibits the practice of law by individuals not admitted to practice in the state. Illinois sets this forth in the Attorney Act, 705 ILCS § 205/0.01 et seq. Section one of the Act provides that:

“No person shall be permitted to practice as an attorney or counselor at law within [Illinois] without having previously obtained a license for that purpose from the Supreme Court of this State[.]”

The Illinois State Bar Association provides a wealth of Ethics Opinions on this topic. 

The Illinois Supreme Court has long held that the practice of law involves giving advice or rendering of services which require the use of legal skills or knowledge. People ex rel. Illinois State Bar Assoc. v. Schafer, 404 Ill. 45, 87 N.E. 2d 773, 776 (1949). That is, the “practice of law” is much more than simply going to court or representing someone in litigation. Here are just a few samples of activity which constitutes the “practice of law” in Illinois:

  1. Representing someone in an arbitration, even if the arbitrators aren’t lawyers (ISBA Opinion No. 12-17)
  2. Assisting or advising someone in completing corporate documents, even documents provided by the Secretary of State (ISBA Opinion No. 95-7)

Representing someone in a property tax appeals in many Illinois jurisdictions (In re Yamaguchi, 118 Ill. 2d 417, 515 N.E.2d 1235 (1987)

What Crosses the Line for Unauthorized Practice of Law?

The line for unauthorized practice can get especially blurry with high volume practices like residential real estate and consumer bankruptcy, in which lawyers rely heavily on paraprofessionals to process a large volume of often duplicative paperwork. The important distinction for these kinds of practices is that non-lawyers can perform administrative tasks like simply filling out information (names, addresses, etc.), but once they start making changes to the forms themselves, they may be stepping over the line and into unauthorized practice. This risk is especially serious for lawyers working in high volume practices, and lawyers who work frequently with other professionals like accountants and financial planners.

Here are some simple tips for staying on the safe side of the law.

  1. ALWAYS ask first. If you have any questions as to whether sometimes constitutes the practice of law, then ask. Lawyers should foster a culture in which paraprofessionals never hesitate to err on the side of caution.
  2. Let your clients know. Make sure they are clear on what kind of services they are receiving, and make sure there’s no confusion as to who is and is not a lawyer. If you work with another professional services firm, make sure to use distinct letterhead.
  3. Create clear Roles, Responsibilities, and Expectations (RR&E, in business lingo). Administrative staff should understand that they’re doing administrative tasks. E.g., they might be filling out information in a form, but they should not be drafting forms.
How to Use Options and Convertible Notes to Raise Money

How to Use Options and Convertible Notes to Raise Money

If you want to know how to use options to raise money for your business, you've come to the right place. In this article, you'll find out how to use options and convertible notes to raise funds for your business. You have multiple solutions and one of them is trading...

David Silvers

David Silvers

Regulatory Lawyer

Whether this is your first land use issue or most recent, our office has helped people and businesses alike.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.
R. Martindale

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Call our law offices with your legal questions for help on:

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Illinois Cannabis Zoning Laws

Illinois Cannabis Zoning Laws

Illinois Cannabis Zoning Laws

Illinois Cannabis Zoning Laws

Illinois Cannabis Zoning Laws Illinois Cannabis Zoning Laws depend greatly on the local governments that are placing “reasonable” restrictions on their community’s cannabis businesses that may operated in their jurisdictional limits. Many communities require a “special use permit” for having cannabis business operations.  Then, there are certain set-backs to that limit the distance a cannabis company may be from certain sensitive businesses or schools, churches, and other things in the city that they want to keep the cannabis business away from by using their zoning authority.  Here’s a lot more on the Illinois Cannabis Zoning Laws. 

Can Your City Ban Cannabis?

At the beginning of this year, Illinois’ cannabis legalization bill, formally known as the “Cannabis Regulation and Tax Act” (the “Cannabis Act”), went into effect. The Cannabis Act creates a comprehensive licensure scheme for the cannabis industry, and allows for adult, recreational use of cannabis. Governor Pritzker kicked off the Cannabis Act by pardoning over 11,000 people convicted of marijuana crimes.

Still, plenty of local communities are approaching legalization with much more caution, and sometimes fear. Lake County, the third-most populous county after Cook and DuPage, intends to impose a one-year moratorium on cannabis in the unincorporated parts of the County. In a lengthy Report of the Recreational Cannabis Task Force, Lake County freely states that

“local government attorneys have differing interpretations of the Act on whether communities can enact separate licensing requirements. It is essential that every community consult with their own counsel prior to enacting a licensing mechanism.”

  1. WHAT DOES THE CANNABIS ACT SAY?

The Cannabis Regulation and Tax Act can be found at 410 ILCS 705/1-5 et seq. Certain parts of the Cannabis Act directly and explicitly preempt any state and local government from regulating cannabis. Section 55-90 of the Act reads:

Except as otherwise provided in this Act, the regulation and licensing of the activities described in this Act are exclusive powers and functions of the State. Except as otherwise provided in this Act, a unit of local government, including a home rule unit, may not regulate or license the activities described in this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

That is, local governments are prohibited from regulating in the area of cannabis except when the Cannabis Act specifically allows it.

Illinois Cannabis Zoning Restrictions on Municipalities 

Note the reference to “home rule powers and functions” in the Illinois Constitution. Article VII, Section 6 of the Illinois Constitution sets forth the definition and rules governing home rule units. Basically, any County which elects a chief executive officer, or any municipality with over 25,000 people constitutes a “home rule” unit. Home rule units are given a great degree of authority to govern their internal affairs. If you’re reading this in Chicago or in the Chicago suburbs, you probably live in a home rule county and probably a home rule city or village as well. And as sub-section (m) of this part of the Illinois Constitution provides, “[p]owers and functions of home rule units shall be construed liberally.”

Conversely, Article VII, Section 7 of the Illinois Constitution covers non-home rule units of government. These units are essentially limited to a few fiscal powers in the Constitution, and then anything else granted to them by other laws. See, e.g., Hawthorne v. Village of Olympia Fields, 790 N.E.2d 832 (Ill. 2003) (striking down a zoning ordinance that had the effect of prohibiting an otherwise lawful home daycare center) If you are reading this from a rural, agricultural community, there is a good chance you live in a non-home rule municipality.

Need Help With Cannabis Zoning

David Silvers

David Silvers

Chicago Business Lawyer

David Silvers practices cannabis and corporate law with litigation experience and first-hand knowledge of start up operations.

Right of First Refusal

Right of First Refusal

The explanation of the right of first refusal (ROFR) can be complicated sometimes, but we will discuss the term further to explain what the right of the first refusal means in the real estate business and how it applies to the holders of the right and the real estate...

How to Use Options and Convertible Notes to Raise Money

How to Use Options and Convertible Notes to Raise Money

If you want to know how to use options to raise money for your business, you've come to the right place. In this article, you'll find out how to use options and convertible notes to raise funds for your business. You have multiple solutions and one of them is trading...

Zoning Ordinances For Cannabis In Illinois

So what is the status of zoning restrictions and moratoriums, like those out of Lake County? Section 55-25 discusses local ordinances. While Section 55-25 allows local governments to enact restrictions on the time, place, and manner of legal cannabis, they may not use zoning ordinances as a cover to effectively ban cannabis. Specifically, subsection (1) provides:

A unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county, may enact reasonable zoning ordinances or resolutions, not in conflict with this Act or rules adopted pursuant to this Act, regulating cannabis business establishments. No unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county, may prohibit home cultivation or unreasonably prohibit use of cannabis authorized by this Act.

Local governments like Lake County may be limiting cannabis under the guise of protecting the “health, safety, and welfare” of the community, or some similar phrase. Such justifications should be treated with skepticism, no matter what the issue is. But with respect to bans like Lake County’s, it’s difficult to see how they could possibly be within the bounds of the Cannabis Act.

Illinois Cities May “Reasonably” Restrict Cannabis Businesses with Zoning.

Section 55-25 limits zoning ordinances to those which don’t “unreasonably” prohibit legal uses of cannabis, and there’s nothing more unreasonable than a blanket prohibition or moratorium. For rural, non-home rule municipalities, they might totally lack the authority to enact such zoning ordinances with or without the authority granted by the Cannabis Act. See Hawthorne, supra. Municipalities that get in the way of the overwhelming public support and public demand for legal cannabis are putting themselves at a huge risk for litigation that they stand a strong chance of losing. In Lake County alone, there are roughly 700,000 residents (including your humble author), and many of them won’t be happy when they find out that the County Board is curbing their hard-won rights under the Cannabis Act.

Key Takeaways of Cannabis Zoning in Illinois

  • Illinois Zoning Changes Depending on What City Are Located
  • To find your cities zoning ordinance, Google: “(Your City) Cannabis Ordinance”
  • Illinois Cannabis Laws allow ‘reasonable’ zoning restrictions
  • Cities in Illinois cannot ban cannabis or home grow for medical cannabis patients.

How To Get Help With Your Cannabis Zoning Issues

Feel free to call our law firm with all your questions regarding cannabis zoning, there are many levels of interactions with local governments and we are experienced with assisting business clients in their real estate matters, whether related to cannabis, or not. 

Right of First Refusal

Right of First Refusal

The explanation of the right of first refusal (ROFR) can be complicated sometimes, but we will discuss the term further to explain what the right of the first refusal means in the real estate business and how it applies to the holders of the right and the real estate...

How to Use Options and Convertible Notes to Raise Money

How to Use Options and Convertible Notes to Raise Money

If you want to know how to use options to raise money for your business, you've come to the right place. In this article, you'll find out how to use options and convertible notes to raise funds for your business. You have multiple solutions and one of them is trading...

Need A Business Lawyer?

Call our law offices with your legal questions for help on:

  1. real estate contracts
  2. business contract disputes
  3. Shareholder litigation
  4. cannabis business
  5. fraud actions
  6. mechanic's liens

 

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Attorney Modification Clauses & Your Real Estate Sale Contract

Attorney Modification Clauses & Your Real Estate Sale Contract

Attorney Modification Clauses

They let you cool off.

Has it been 5 days Already?

 

Relax.  You probably blew the deadline & were none the wiser.

Chances are that you signed a real estate purchase contract and are having second thoughts.

Sometimes realtors like to confuse you and say you should put in an offer – well, that means a contract.

So see what Peoria Real Estate attorney, Thomas Howard has to say about a clause in the contract that allows for attonreys to disapprove.

You can call Attorney Thomas Howard at (309) 740-4033.

Questions?

Your case needs strategy – for the right case, we give a free one hour session. Get yours today.

Thomas Howard

Thomas Howard

Peoria Real Estate Lawyer

Whether you’re a bank or distressed asset purchaser, Thomas Howard can help you quickly recover on your loans.

Peoria Office Address

Public Policy Behind Attorney Modification

Sometimes people fall in love at first sight, but not just with people. A person shopping for a house may fall in love with a home, and put in an offer, but only to later realize she or he has been entered into a binding contract. 

Let’s run through the fundamentals of a contract in the context of a home sale & how an “attorney modification clause” can help you get out of the contract with some help.

A contract had 3 basic elements

Attorney Modification Disapprove

He Does Not Approve

  • Offer & Acceptance: When you put in that offer on the house, you actual began to form half of the deal.  If the seller accepts your offer on the house, you’re hooked.  So when shopping for a home and making an offer, lower your expectations – and increase the chance of your rejection so you can think it over better.
  • Consideration: This is money.  You offered to pay ‘x’ dollars for that house – if we assume that you offered to pay the statistical average price for the home – $199,200 is what you are going to pay because according to Google that pointed to a CNBC article claiming that is the median price for the home in the United States – believe it or not.
  • Meeting of the Minds: This is the most complex of the three basic contract elements.  It is where a lot of the disputes occur.  Some people think they are buying apples, when instead they are buying oranges – and they never would have bought an orange had they known.  Mistakes of fact happen fairly often.

Attorney Modification & Public Policy

Most people that buy a house and get in trouble are lacking in home buying experience.  So to protect these first-time and novice homebuyers, public policy has worked into many of the forms of residential sales contracts an Attorney Modification clause that gives each party the right to have their attorney review the contract.

If your attorney does not approve of the contract within a very limited period of time, in Peoria Illinois it is five days, then it can be canceled.  Often the price cannot change because the clause itself states the rights.

Your contracts mean what they say

A court of law does not exist to make the deal for you.  That is between the private parties that enter into lawful, legally binding contracts.  

Why one of the most American things you can do is make a deal.  But be careful when getting into them – because a deal rushed into may be a costly error.

In real estate law, there is a saying.  “There are no small problems when it comes to real estate.”  So be careful, and have your attorney consult with you immediately after you signed the deal to confirm you want the deal before the attorney modification period expires. 

If you have a contract dispute, call our offices at (309) 740-4033.

 

A commercial loan workout attorney with over ten years experence – Thomas Howard answers your questions in the video below.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

R. Martindale

Right of First Refusal

Right of First Refusal

The explanation of the right of first refusal (ROFR) can be complicated sometimes, but we will discuss the term further to explain what the right of the first refusal means in the real estate business and how it applies to the holders of the right and the real estate...

Need A Business Lawyer?

Call our law offices with your legal questions for help on:

  1. real estate contracts
  2. business contract disputes
  3. Shareholder litigation
  4. cannabis business
  5. fraud actions
  6. mechanic's liens

 

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What to Know about Good Faith or Bad Faith – an illustrated easy guide

What to Know about Good Faith or Bad Faith – an illustrated easy guide

Good Faith Is Business

What Does Good Faith Mean?

good faith

good faith

The implied covenant of good faith and fair dealing is implied in every contract.  The implied covenant of good faith and fair dealing is what makes business work.  It requires people to deal with one another fairly.  Businesses and people can trust each other to enter into contracts because good faith requires them to help them get the benefit of their bargain.

Attorney Thomas Howard has helped clients for years enforce their rights under contracts.  And each and everyone of those contracts had something in common – but it was not a term written into any of the contracts.  Our business attorney have helped countless clients with their contracts, below he explains good faith in an easy to understand and Illustrated way.   You can call him at (309) 740-4033.

Thomas Howard

Thomas Howard

Distressed Assets Lawyer

Whether you’re a bank or distressed asset purchaser, Thomas Howard can help you quickly recover on your loans.

Peoria Office Address

A commercial loan workout attorney with over ten years experence – Thomas Howard answers your questions in the video below.

The Duty of Good Faith & Fair Dealings

Any party to a contract has an unwritten duty to help the other party obtain the benefit of their end of the bargain.  A benefit of the bargain is what you get out of the deal.  Let’s take a quick second to explain the very basics of what forms a contract.

A contract had 3 basic elements

Contract Basics Offer Consideration Acceptance

  • Offer & Acceptance: This is what you buy. Pizza, coffee, plumbing, Netflix, or even legal services.  The offer is what the seller in the contract brings to the table.  It brings the buyer in the door.  The Buyer is accepting the offer.
  • Consideration: This is often money.  In the picture, the coffee is $3.50.  The consideration is two-way, however.  The offer is a consideration as well.  The pizza is half the deal, so is the NetFlix subscription.  Very often the consideration is goods or services in exchange for payment of money.
  • Meeting of the Minds: This is the most complex of the three basic contract elements, and where Good Faith resides.  The intent of the parties to the contact is important. Both intended to get what is called the “benefit of their bargain.” This means you do not get tricked into the deal. You are not making a mistake regarding the terms of the contract.

Meeting of the Minds and Good Faith

Would you enter into a deal to buy a house if you knew every time it rains the basement floods with 3 feet of water?  Perhaps you would if you negotiate a discount for installing a dewatering system.

But would you buy the house with the leaky basement if you did not know about it?  That’s where people get into trouble because they feel as if they are tricked. 

They lacked the requisite meeting of the minds on the deal because if the buyer knew about the basement flooding, he never would have purchased the house.  That is a lack of meeting of the minds that gets to the heart of contract formation.

What if the seller knows about the water in the basement, and lies on the disclosures and says that to the best of his knowledge there is no water in the basement? 

That is fraud, a/k/a bad faith.  The Seller lying about the leaky basement injured the Buyer.  The Buyer can sue the seller for fraud and recover the damages.  The damages would be the cost of repairing the leaky basement.

Interference in the Contract – Bad Faith

The “duty of good faith and fair dealing requires the party vested with contractual discretion not to injure other parties to the contract by action or omission and not to act inconsistently with other parties’ rights.” Id, citing Brzozowski v. Northern Trust Co., 248 Ill.App.3d 95 (1993).

Sometimes contracts have certain rights that may spring into effect.  These are called contingencies. For example, take your employer’s stock price.

Imagine your job has a contract to that will pay you a bonus if you do a great job and the stock price rises above $100.  If that happens, your employer will pay you one-million dollars.

one million dollars

You have 3 months to get the stock price above $100, and you’re doing amazing!  But your company does not want to pay you. They notice that your contract requires their help. 

Instead of helping you maximize profits, the company sits back and waits and takes no action. If the company does not do their part, you will fail and not get your bonus.

The duty of good faith and fair dealing requires the company to help you hit your target when they must cooperate to do so. The company cannot interfere, not help, and put you in a position to fail, then say you did not earn your bonus. 

That is performing the contract opportunistically to deprive you of your one million dollars.

Good Faith Case Law Round up

  1. A party cannot take advantage of a condition precedent the performance of which he has helped render impossible. Barrows v. Maco, Inc., 94 Ill.App.3d 959, 966 (1st 1981).
  2. Bad faith, or opportunistic advantage-taking, is the lack of cooperation depriving the other contracting party of his reasonable expectation. Hentze v. Unverfehrt, 237 Ill. App.3d 606,(1992).
  3. A party that participated in the hinderance of the condition, and they may not now claim the benefit of the failure of the required event. Yale Development Co. v. Oak Park Trust & Savings Bank, 26 Ill.App.3d 1015 (2nd 1975).

Good Faith Means You Do What You Promised

To conclude, good faith helps our economy have trust in the trillions of dollars of contracts that we depend on in our daily lives. 

As the American Bar Association said in their blog,

The theory behind this principle is that a party cannot interfere with or fail to cooperate with your performance and then complain about it.

From the pension funds, to pizza orders, and everything in between, all depend on good faith and fair dealing in their contracts.

So if you ever get the advice to take a dive, or to not perform your end of the bargain – you may have to explain to the person that you have a duty of good faith and fair dealing to live up to your end of the bargain.

You may also want to avoid doing business with them. 

If you have a contract dispute, call our offices at (309) 740-4033.

 

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

R. Martindale

Right of First Refusal

Right of First Refusal

The explanation of the right of first refusal (ROFR) can be complicated sometimes, but we will discuss the term further to explain what the right of the first refusal means in the real estate business and how it applies to the holders of the right and the real estate...

What does Good Faith mean?| Good faith is for business| Tom Howard

Need A Business Lawyer?

Call our law offices with your legal questions for help on:

  1. real estate contracts
  2. business contract disputes
  3. Shareholder litigation
  4. cannabis business
  5. fraud actions
  6. mechanic's liens

 

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Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

(If you were directed from completing a form, Thank you.  Tom Will be in touch soon, but here’s a whole page to help you in finding your next attorneys in Peoria Illinois )

Attorneys in Peoria Illinois come in all different shapes and sizes – listen to Tom Howard, an attoreny in Peoria Illinois himself explain what you need to watch out for when you hire your next attorney.

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Attorneys in Peoria Illinois

What Peoria Attorney do you need?

The attorney you need depends on what goals you have. 

All you need to do is scroll through to find the right lawyer for your case.

Family Lawyers in Peoria Illinois

Many families require a lawyer at some point in their lives.  For example, a divorce, adoption, many things can happen to you that requires a lawyer to help you out.

Here’s the most common types of legal services that family attorneys in Peoria Illinois provide:

  1. divorce
  2. child custody
  3. adoption
  4. protective orders (OP), or called restraining orders
  5. alimony

I work with several family lawyers in my law practice at Peoria Illinois.  The person that I trust most with family law issues is a partner at the law firm that I work with.

You can contact lawyer, Mike Fritz, from his website for family lawyers in Peoria Illinois.

Criminal lawyers in Peoria Illinois

Not all criminal lawyers in Peoria Illinois can be hired.  Some are employees of the State of Illinois and work in the State’s Attorney’s office prosecuting criminals.

Criminal lawyers that you hire always for work the defense. Criminal defense attorneys have to fight hard to be able to help the accused have their day in court and get justice.

If you are arrested, you may need to hire a criminal defense attorney. Attorneys in Peoria Illinois help people with the following services:

  • Driving while intoxicated (DWI)
  • Felonies
  • Federal crimes
  • drug crimes (possession or distribution)
  • assault & battery
  • Burglary
  • Certain Traffic offenses
  • weapon offenses
  • domestic violence

In Peoria, Illinois, the criminal defense attorney that I turn to and trust the most is Jeff Hall.  You can contact a great criminal lawyer in peoria Illinois from his website today.

Personal Injury Lawyers in Peoria Illinois

When you’re hurt in a car accident, or injured from something that is not your fault – the law calls it a tort.  The person responsible for hurting you is called a tortfeasor – they often get sued.  But because of insurance laws – the deep pockets in most personal injury cases – many times the insurance company gets sued to honor polices in place to protect against such things

Personal injury lawyers in Peoria Illinois help innocent people get compensation for their pain and suffering.  Often these cases are taken on a contingency, which is not common in most attorney client relationships because most lawyers charge by the hour.  The possibility of a large recover, however, means that personal injury attorneys in peoria illinois are willing to work on a contingency basis and typically take one-third of the total recovery.

Here are the types of personal injury cases that attorneys in Peoria, Illinois, often take:

  1. car accidents
  2. DUI accidents
  3.  motorcycle accidents
  4. slip and fall injuries
  5. boating accidents
  6. distracted driving accidnts
  7. wrongful death
  8. brain injuries
  9. medical malpractice claims

The first lawyer that I would turn to for a personal injury legal question in Peoria, Illinois, is Fadi Rustom.

Workers’ Comp Lawyers in Peoria Illinois

When you’re injured at work in Illinois, the business is required to have insurance policies to protect its employees and provide them compensation – perhaps even for life – as a result of injuries that happen during the course of employment.

Many law offices in Peoria Illinois exclusively specialize in workers’ compensation cases because there is an entire statute in Illinois dedicated to processing the cases.  Workers’ comp even has its own courts so please hire someone that concentrates in workers’ comp if you are injured on the job.

Typical workers’ comp cases include specific injuries found in the Worker’s Compensation Act of Illinois, including:

  1. accidental death,
  2. loss of a limb
  3. carpal tunnel syndrome
  4. hearing loss from explosions
  5. disability arising from injury

For a worker’s compensation lawyer in Peoria, Illinois – I turn to the Law Offices of Pat Jennetten.

Immigration lawyers in Peoria Illinois

Immigration lawyers help people of the world navigate the complex legal system administered by the United States Citizenship and Immigration Services (USCIS). The process at its core can be quite political and very confusing.

Finding a good immigration lawyer is difficult but groups like the America immigration lawyers Association (AILA) helps its members better serve their clients with tons of resources.

Some of the various legal issues that immigration lawyers in Peoria Illinois navigate are:

  1. adjustment of legal status (i-485) common for family law issues.
  2. H-1B work visas (form i-129).
  3. L-1 work visas (also from i-129).
  4. Permanent residence status – aka  Green Cards – or the PERM process
  5. variety of issues related to Trump Administration

For an immigration lawyer in Peoria, you can contact me, Tom Howard, through my immigration website..

Business lawyers in Peoria Illinois

ANY business lawyer should know that lawyers are an expense and not a profit center. Good business attorneys in Peoria Illinois will help you weigh the costs against the benefits of the legal service you need.

Business may have a general counsel to help guide the company, but that is usually a corporate law position helping with operation issues.  But business law can encompass the following areas:

  • employment legal issues: this can be any company policy, from maternity leave to an employee handbook. Employment law is an a practice area unto itself and discussed more below.
  • contract issues: All businesses are contracts.  Contracts form business. Contracts are how businesses survive, or die in the case of bankruptcy. Contracts can be as simple as paying a dollar for a can of soda – to as complicated as having numerous ambiguous definitions of option contingent on certain things that may never happen.
  • regulatory issues facing businesses:  Some businesses face little regulatory hurdles from the government, like the herbal supplement industry – while others may have lots of environmental regulations to comply with like mining and certain industries.

As you can see, business law has many different subparts.  In Peoria Illinois, if I need a business lawyer, well, I often ask myself what I would do.

 

Thomas Howard

Thomas Howard

Litigation Attorney

A Rising Star and Emerging Lawyer, which only 2% of all attorneys receive. Practicing in contract litigation with a concentration on business issues.

peoria contract lawyer

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.
R. Martindale

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Working with Tom Howard was great. He helped us navigate a real estate contract, and was incredibly knowledgeable and helpful!
N. Pierson

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Real Estate Lawyers in Peoria Illinois

A home is often the largest investments people make in their lives. They quickly pay 6% of the gross price to a realtor, but totally ignore a lawyer.

A lawyer works by the hour and has a fiduciary obligation to help you acheive your legal rights – while the realtor also has a duty but only gets paid a success fee – or commission.

Real estate lawyers help people with their real estate deals to protect them from buying a problem, or to enforce the contact against a buyer that gets cold-feet without just cause.

Real estate attorneys in Peoria Illinois also help people with land use and zoning problems. Not only do fences make good neighbors, but knowing if that fence is on the right property line helps a lot as well.

We turn to the attorneys at Hall, Rustom and Fritz, where I am Of Counsel and help people and businesses with their real estate legal issues in Peoria, Illinois.

Litigation attorneys in Peoria Illinois

If you’re no stranger to litigation, then you have come across lawyers that litigate.  Often times litigators are known for their complete lack of agreeableness and generally adversarial character.

Some common phrases used each and every day include:

  • let the record reflect,
  • isn’t it true that…
  • objection
  • if you could please direct your attention to…
  • Do you recall…
  • I’m not using this for the truth of the matter asserted, just for their present mental impression
  • Motivation is always at issue

Litigators, while able to be jerks, help people fight for their rights in court – perhaps that explains their gruff and confrontational personality types. They should be avoided for business deals, but used to take seemingly simple issues more complicated and bloated that you can believe.

If you are being sued, or have a case, please consider our blog post about what type of lawyer you need to hire.

Contract attorneys in Peoria Illinois

Contracts are everywhere.  All business have contract.  Trillions of dollars in commerce is being done by contracts.

Most people NEVER read their contracts – they find them too complex and confusing.  Unfortunately, not reading the contract is no defense.

Contracts are formed when only 3 things come together:

  1. Offer
  2. consideration
  3. acceptance

An offer is something that is for sale.  You can buy that pizza for $9.99.  That’s the offer, pizza.

The consideration is the amount of money you pay – the $9.99.  But here’s a pro-tip: anything can be a consideration.  Today, the vast majority of contracts have a monetary consideration.

People do not trade and barter like they used to do hundreds of years ago.  Now they basically always use money.

Finally, acceptance is taking the offer and tendering the consideration.  You take the pizza and leave the $9.99.

These three seemingly simple things form every single contract that has ever been written.

They can get much more complex than that.  If you have a Contract law issue – well, we can help.

 

If you have questions for a business lawyer, contact our office today for help resolving it with our complex commercial loan workout attorneys.

Need A Business Lawyer?

Call our law offices with your legal questions for help on:

  1. real estate contracts
  2. business contract disputes
  3. Shareholder litigation
  4. cannabis business
  5. fraud actions
  6. mechanic's liens

 

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cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us tom@collateralbase.com