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8 tips for undergrads planning on law school

Posted on August 3rd, 2011 by Kevin Green

Want to listen to a podcast of this blog? Click the link at the bottom of the post.

1. Plan your studies.
Many students go to college unsure of what career they want, however, there are multiple studies that lend themselves well to a future in law school. Advertising and/or marketing courses can lead to an interest in the business side of law; philosophy courses can develop analytical thinking; and political science classes can provide great insight into current events. Law requires an analytical side, a writing side and a persuasive side – all skills that can be developed in college.

2. Join your Mock Trial team.
Your school’s mock trial team is a great place to get a feel for law, hone your skills and decide if being a lawyer is the right future for you.

3. Understand the difference between “TV law” and reality.
Hooked on Law and Order? There’s much more “behind-the-scenes” work that a lawyer does – and every case doesn’t fit nicely into 60 minutes. The process is more intensive, and takes much, much longer in real life.

4. Know yourself and what you want.
Once you decide you want to be a lawyer, focus on what you want to do – how you want to practice law as a whole and which practice area you want to get into. Use your undergrad time to try new things out – study abroad, take new classes, or get work experience. Working for a law firm during college is a great way to really learn what lawyers do. As a file clerk, you’ll run papers between the firm and the courthouse – it may not be intensive work, but you’ll be around lawyers all day. You’ll also get introduced to the court system itself, and experience its administrative side.

5. Use social media to advance your law career.
But use it wisely. Potential employers as well as potential law schools can use it to research you, too. On the plus side, it can be a tool to help you reach out to people involved in law: an admissions person, a current student, an HR contact, etc.

6. Know what to do after undergrad graduation.
There’s a lot of paperwork and a lot of research to prepare for when applying to law schools. Look at the programs the law schools’ offer, the reputation of the school, and the individual programs.

7. Prepare, practice & perform the LSATs.
They’re basically the entrance exam for law school. In terms of preparing, the questions that the LSAT asks aren’t specifically about being an attorney. The LSAT is a test about whether or not you can take the LSAT. You must learn what the LSAT is asking you to do, practice and then perform.

So what is the LSAT asking you to do?
There are three sections: logical reasoning, analytical reasoning and reading comprehension. It’s a test in learning something you’re completely unfamiliar with and being able to perform. Which is what it’s like to practice law. When a person comes to the firm with a problem, a lawyer has to learn as much about that specific problem, prepare a case and then perform. Are you willing to take the time, learn and prepare?

8. In doubt? Reach out.
If you’re an undergrad who wants more information about law school, the best resource is a lawyer. Most lawyers like to help out people who want to do what they are doing. Just remember that you’re reaching out to a professional. It should be a professional email or professional phone call. Everyone has to eat, so maybe try to schedule a morning coffee or a quick lunch.

Kevin Green is an associate in the Business and Commercial Law department. Contact him with questions.

Listen to a podcast of this interview with Kevin Green here:

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Illinois Gets Tough on Debt Settlement Companies

Posted on December 6th, 2010 by Kevin Green

Are you or someone you know swamped with debt? If so, you have likely seen or been inundated with advertisements from companies claiming they will work on your behalf to settle your debts (*for a fee, of course). Unfortunately, many of these companies are more interested in collecting money from you than actually helping you settle your debts. Often, these Debt Settlement companies claim they will collect money from you, and once they have accumulated enough money, they will work to settle your debts with your creditors. The companies collect your money and charge fees without working out a settlement. Before long, your creditors sue you, and your Debt Settlement company leaves you to fend for yourself. The fact that you are working with a Debt Settlement company provides no defense to the collection action by the creditors, and the money you have paid the Debt Settlement company is lost.

Illinois recently enacted one of the most stringent laws in the country aimed at protecting consumers from fraudulent Debt Settlement schemes. The Debt Settlement Consumer Protection Act (Public Act 096-1420) regulates Debt Settlement companies doing business in Illinois (businesses that assist debtors for a fee where the primary purpose of the assistance is to obtain a settlement, adjustment or satisfaction of the consumer’s unsecured debt to a creditor). This new law helps ensure that Debt Settlement companies in Illinois engage in legitimate practices for the benefit of consumers.

The new law regulates what a Debt Settlement company must do to operate as well as prescribes certain actions the company must take. Some key provisions require Debt Settlement providers to:

1. Obtain and display a license from the state of Illinois and renew that license annually (§§ 15, 30, 35);
2. File an annual report with the State that includes specified statistical information (§ 33);
3. Keep detailed books and records, including contracts with customers, and furnish these records to the State when requested (§ 55);
4. Permit the State to examine the condition and affairs of the company (§ 60);
5. Separate into trust funds within one business day of receipt all funds received for the purpose of paying bills, invoices, or accounts of the debtor (§ 65);
6. Provide the customer with an itemized accounting at least once per month (§ 65);
7. Credit to the consumer any interest earned by the customer’s trust fund (§ 130);
8. Include a cautionary warning in all advertising and marketing communications (§ 105);
9. Enter into a written contract with the consumer that advises the consumer of material information (§ 120);
10. Permit the consumer to cancel the contract at any time before the services have been fully performed and, within 5 business days of cancellation, refund all funds paid by the consumer that have not been disbursed to creditors along with a full statement of the account (§ 135).

Additionally, before entering a contract with a consumer facing debt, the Debt Settlement company must:

1. Make an individualized financial analysis with the consumer (§ 110);
2. Provide the consumer with a statement containing a good faith estimate of the length of time it will take to complete the debt settlement program, the total amount of debt owed to each creditor, the total savings estimated to complete the debt settlement program, and the monthly targeted savings amount estimated to complete the debt settlement program (§ 110);
3. Provide the consumer with an oral and written disclosure statement as to the risks of debt settlement and the obligations of the debtor (§ 115);
4. Verify with the consumer’s signature that the consumer has been apprised of the risks and his or her rights (§ 115).

The law also prohibits Debt Settlement companies from misleading consumers. For example, a Debt Settlement company may not:

1. Represent any outcomes in its advertising, marketing, or other communications to consumers, expressly or by implication, unless it can substantiate such representations (§ 105);
2. Make any deceptive representations or omissions of material facts, expressly or by implication, in any of its advertising or marketing communications (§ 105).

Additionally, the law strictly regulates the fees a Debt Settlement company may charge. Under the law, a Debt Settlement Company may not:

1. Charge or receive any enrollment fee, set up fee, up front fee of any kind, or any maintenance fee, except for a one-time fee of no more than $50 (§ 125);
2. Charge a settlement fee in excess of 15% of the savings (§ 125);
3. Charge any settlement fee if the amount of the settlement negotiated by the Debt Settlement company is more than the principal amount of the debt (§ 125);
4. Accept any settlement fee until a creditor enters into a legally enforceable agreement (§ 125).

Finally, the law lists other prohibited practices. For instance, a Debt Settlement company may not:

1. Advise or represent (expressly or by implication) that consumers should stop making payments to or communicating with their creditors;
2. Change the mailing address of any of a consumer’s creditor’s statements;
3. Take any power of attorney to confess judgment against the consumer;
4. Appear as the consumer or on behalf of the consumer in any judicial proceedings;
5. Offer or provide gifts or bonuses to consumers for signing a debt settlement service contract or for referring another potential customer.

A Debt Settlement company’s failure to comply with these or any other rules adopted by the State can result in severe penalties. A Debt Settlement company operating without a license is guilty of a Class 4 felony and subject to fines of either $1,000 or four times the amount of consumer debt enrolled, whichever is greater. Additionally, a Debt Settlement company may be fined up to $10,000 per violation for any violation of any provision of the law.

Finally, the law provides civil remedies that permit you, the consumer, to recover damages against a Debt Settlement company that violates key provisions of the law, such as the fee requirements, advertising prohibitions, pre-contract disclosure requirements, and cancellation/refund procedures.

If you have recently utilized a Debt Settlement company and would like to discuss these issues, contact Kevin Green.

Contractors Beware (of where your workforce resides): The New Employment of Illinois Workers on Public Works Act

Posted on July 26th, 2010 by Kevin Green

On June 16, Governor Pat Quinn signed House Bill 6349 (Public Act 96-929, found at 30 ILCS 570) which is aimed at enhancing the Employment of Illinois Workers on Public Works Act, commonly referred to as the Illinois Preference Act, by establishing monetary penalties for violations of the Act, clarifying the law’s coverage, and adding a private right of action to allow individuals to seek remedies regarding violations of the law. These changes are effective immediately.

Under the revised law, contractors on State public works projects are required to employ a workforce that is comprised of at least 90% Illinois laborers during periods of excessive unemployment. If you are a contractor or subcontractor, a few questions may immediately come to mind. What is a public works project? What is a period of excessive unemployment? How is an Illinois laborer defined? Does this apply to me? What happens if I do not comply? Here is a brief analysis of the new law that should help you understand how this new law affects your business.

What is a public works project?

The law defines a public works project as “any fixed work construction or improvement for the State of Illinois or any political subdivision of the State if that fixed work construction or improvement is funded or financed in whole or in part with State funds or funds administered by the State of Illinois.” Thus, a public works project includes any project funded or financed in whole or in part with State funds or funds administered by the State of Illinois. This includes federally funded projects when the federal funds are administered by the State of Illinois. The law places the focus of defining a public works project on how the project is financed, not the recipient of the project. Consequently, an entity building a new road for Illinois without any public funds would not be subject to the 90% requirement.

What is a period of excessive unemployment?

For the law to be applicable, there must be a period of excessive unemployment. Such a period occurs when the level of unemployment in Illinois has exceeded 5% for at least 2 consecutive months. In Illinois, the unemployment rate for the past year has been hovering between 10 and 12% according to the U.S. Bureau of Labor Statistics, meaning we are currently in a period of excessive unemployment.

What is an Illinois laborer?

An Illinois laborer “refers to any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.” The revised law still allows every contractor on a public works project or improvement to place no more than 3 of his regularly employed non-resident executive and technical experts, even though they do not qualify as Illinois laborers

Does this law apply to me?

The revisions to this law mean that those under contract to construct or build a public work today must know the residence of their employees and ensure that 90% of them reside in Illinois or have resided in Illinois for at least 30 days with the intent to become or remain Illinois residents. More importantly, the revised law appears to apply to both contractors and subcontractors. The new law applies if any “person or entity is charged with the contractual duty of constructing or building any public works.” Moreover, an entity “means any sole proprietor, partnership, firm, corporation, limited liability company, association, or other business enterprise,” but does not include the State or the Federal Government. Additionally, “every public works contract let by any such person shall contain a provision requiring that such labor be used.”

Because the law was just passed, there is no case law analyzing its scope; however, the language of the statute suggests it has a broad sweep, applying to both contractors and subcontractors. Additionally, the complaint form found at the Department of Labor’s website contains check boxes for both contractors and subcontractors, suggesting both are subject to the law. The language of the statute could even be read to suggest that a contractor is on the hook for a subcontractor’s violation of the law, even if the subcontractor is the party that did not employ the proper workforce.

What happens if I do not comply?

The new law makes major changes to the enforcement and penalty provisions. Under the old version, the Attorney General, on behalf of the Department of Labor, could sue for injunctive relief against the awarding of any contract or the continuation of any work under any contract for public works or improvements for violations of the Act.

Now, the law explains that the Department of Labor has the power to conduct investigations, and any investigator with the Department is authorized to visit and inspect, at all reasonable times, any places covered by the Act. Additionally, the inspector can inspect documents related to the determination of whether a violation of the Act exists. Furthermore, the Department may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation and may administer oaths to witnesses.

The revised law also enhances the Attorney General’s enforcement mechanisms. In addition to injunctive relief, the Attorney General can issue and cause to be served a cease and desist order and “take affirmative or other action as deemed reasonable to eliminate the effect of the violation,” and collect any civil penalties assessed by the Department.

These civil penalties are a new addition. Under the old version, a violation of the Act resulted in a Class C misdemeanor. Each separate failure to use Illinois laborers constituted a separate offense. Now, any person or entity that violates the provisions of the Act is subject to a civil penalty. The Act sets maximum fines for first, second, and third offenses.

1st offense – $1000 max for each violation
2nd offense – $5,000 max for each violation
3rd offense – $15,000 max for each violation

Each violation of the Act for each worker and for each day the violation continues constitutes a separate and distinct violation.

Finally, the revised law adds a private right of action, meaning that in addition to an action brought by the Attorney General, any interested party or person aggrieved by a violation of the Act or any rule adopted under the Act may file suit in Circuit Court, in the county where the offense occurred or where any party to the action resides. These private actions can only be brought:

(1) 30 days or more after a complaint has been filed with the Department of Labor or
(2) any time after the filing of a complaint if the Department of Labor gives notice that it will not proceed with the complaint.

Actions can be brought by one or more person or entity for and on behalf of themselves and other persons or entities similarly situated. A person is entitled to collect attorneys fees and costs and compensatory damages not to exceed $500 for each violation.

Let’s make this a bit more concrete with an example. A general contractor enters a contract to build a new gym at a public high school. The project is partially funded by federal funds administered by the State of Illinois. The unemployment rate at the time is 10.8%. These facts establish that the law is applicable. The contractor must be sure to comply with the law or face civil penalties. If the contractor has a workforce of 1,000, it may hire no more than 100 non-Illinois residents. If the contractor hired 105 non-Illinois residents (5 more non-Illinois residents than the law allowed), it would have 5 separate violations. If it kept these 5 employees working for 5 days, it would have 5 separate violations for each worker, leading to 25 violations (5 workers x 5 days). If this was the first offense for the contractor and the maximum penalty was applied in a case brought by the Attorney General, the contractor would owe $25,000 ($1,000 x 25 violations). Moreover, an Illinois resident that was not hired might bring a private civil action against the contractor seeking compensatory damages at $500 per violation ($12,500) and attorney fees and costs.

It is easy to see how a contractor not knowing the residence of its workforce could quickly become expensive. Because it does not appear that the unemployment rate for the State of Illinois will dip below 5% any time soon, contractors should be aware of the Employment of Illinois Workers on Public Works Act and continue (or start) accounting for the residence of their workforce.

To discuss this or another Business or Commercial legal issue, please contact the author, Kevin Green.