Chicago Trial Attorney Blog : Chicago Trial Lawyer & Attorney : Philip J. Berenz Law Firm : Business Litigation, Personal Injury

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 didn’t talk with a paralegal, 'intake specialist' or secretary. I worked with him since, literally, day one.

Jon went on to note something that is absolutely paramount when choosing a lawyer: 

This kind of service is important to think about when you search/interview for your attorney. Hiring an attorney is a very personal matter. Availability (email, cell phone etc) and personality are extremely important to make sure your attorney will be with you for the long haul. By this I mean potentially to trial. Even though the vast majority of my clients’ cases settle before filing a lawsuit and before trial I think it helps them to know that their attorney will be willing and has the experience to fight at trial.

Like Jon Groth does in Wisconsin, I do in Illinois: you call, I answer the phone--24/7/365. Send an e-mail--you'll get a response. If I don't answer immediately, I either have 3 other calls coming in or am in front of a Judge or in a deposition and I guarantee you will receive a return call that day or evening. Your issues matter. Make sure your attorney answers his or her phone--and listens.

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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 against any potential claim you may have.

Whether you should talk to the insurance company (or any other person or entity) is basically a judgment call on your part; however, you should simply consult with an attorney first and ask the insurance company or other investigator that your attorney be present on a teleconference call to protect your rights. You generally have a duty to cooperate with your own insurance company under your policy.

And if another party's insurance company contacts you, a witness or other investigator, you are generally not required to talk to at all--and should not without an attorney present. A third party's insurance company or other investigator will most likely take down notes, or worse, record the conversation and then try to build a defense in your case or use every single word you say against you 6 months, 1 year, 2 years later in your case. In addition, defendant's insurance companies will try to "push" low settlement offers--sometimes $500.00 or $1,000.00 when your medical bills could quickly escalate over those amounts after an accident.

As for witnesses or other investigators, you should absolutely consult with an attorney first. The attorney should be involved to take a witness statement if possible for preservation of thoughts and observations while they are fresh in everyone's minds. Again, such statements can greatly impact your case and you should get all contact information from a witness immediately at the scene of an accident--the more telephone numbers, the better!

If you are unsure of who to speak with, simply pick up the phone and call us at 312-375-6524 (24/7/365--and we really mean that!) for two minutes. We can help and those two minutes could impact your case significantly. 

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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 how that suffering has affected a person's life.

The same holds true when a person or company is cheated out of money. When money owed is not paid. When a person or a company is wrongfully sued and must be zealously defended. Money cheated, money owed and wrongful or frivolous lawsuits cause suffering in a person's life as well. People can't sleep at night. People worry. They cannot focus on their jobs, their family, life in general. People lose their homes because bills aren't getting paid. Credit is ruined. Family arguments erupt.

A person's life in personal injury situations is even more dramatically affected when even a hurt back or a hurt neck makes it next to impossible to sit at a desk all day long at work or perform manual labor--whichever life calling a person follows. Sometimes "calling off" from the pain results in a lost job and a downward spiral of a lost home, lost relationships, lost life. The things you used to enjoy you can enjoy no longer. It wasn't your fault.

Your lawyer needs to truly understand all of these aspects of how a personal injury matter or business dispute has affected your life. Aggressive and zealous representation and empathy are an absolute must. An attentive ear--listening to you--is the only way a lawyer can fully comprehend the situation. Phil Berenz listens.

Integrity is doing the "right thing when nobody is looking." Your lawyer must handle every aspect, every conversation of your matter with the utmost integrity-when you are not on the phone and when you are not present. Trust must be unequivocally paramount.

And, finally, while a lawyer can never guarantee a particular outcome in any matter, the passion, integrity and trust will usually (not always) end in positive, productive results.

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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 Act. See id.

If you meet the definition of a "sales representative" (as discussed in prior postings--but must be discussed with us for an appropriate legal opinion as to whether you meet such definition) and are due commissions, contact us immediately to determine if we can assist you in collecting any unpaid commissions and enforcing the Act so as to recover any attorneys' fees and potential punitive damages. Read our newest press release for a general overview of the Act here: http://www.prlog.org/10207231-unpaid-sales-commissions-in-illinois-may-warrant-punitive-damages.html or see our prior postings under "Illinois Sales Representative Act" here.

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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 could you lose a matter brought against you for non-timely payment of commissions (and potentially be found liable for punitive, or exemplary damages, up to 3 times the amount of commissions due) but you may also end up paying the sales rep's attorneys' fees and costs which could, technically, exceed all commissions due!

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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 fees and court costs." 

"Principal" is defined as a sole proprietorship, partnership, corporation or other business entity whether or not it has a permanent or fixed place of business in this State and which:

(A) Manufactures, produces, imports, or distributes a product for sale;

(B) Contracts with a sales representative to solicit orders for the product; and

(C) Compensates the sales representative, in whole or in part, by commission.

"Sales Representative" is defined as a person who contracts with a principal to solicit orders and who is compensated, in whole or in part, by commission, but shall not include one who places orders or purchases for his own account for resale or one who qualifies as an employee of the principal pursuant to the Illinois Wage Payment and Collection Act.

If you feel that you are a sales representative who is owed commissions and hasn't been paid, contact us immediately so we can determine whether a civil suit is warranted.

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