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 The
following information, presented as a public service by the Committees
of the DuPage County Bar Association, pertains to some of the more
frequently asked questions posed to attorneys on various issues.
Please
read the disclaimer before reading the
questions and answers.
The following
information does not constitute legal advice of any kind, but is intended
to help the public with understanding some of the basic issues they
may face. Also, view the legal terms
that we have compiled for further information.
How to Find a
Lawyer
Q. When
do I need a lawyer?
Q. What do lawyers do?
Q. How to find a lawyer?
Q. How to choose a lawyer?
Q. What should your lawyer do for you?
Q. What if I am not satisfied?
Answers
to questions about Fee Dispute Arbitration
Q. What is fee dispute
arbitration?
Q. Who should file a fee dispute?
Q. How do I file a fee dispute?
Q. What happens next?
Q. What happens if either party refuses to agree to arbitration?
Q. What happens if the attorney has filed suit against me already?
Q. What can you expect and not expect from the DuPage County Bar?
Q. Where should you write or call to contact the Fee Dispute Department?
 American
Criminal Justice System
Q. Is the
crime rate in America increasing?
Q. Which
populations are most victimized by crime?
Q. What
impact do handguns have on America’s crime problem?
Q.
Is there racial bias in the criminal justice system?
Q.
What effect do search and seizure protections, Miranda warnings and the
exclusionary rule have on law enforcement?
Q.
Is the U.S. incarceration rate increasing or decreasing?
Q.
Is prison capacity keeping up with the growth in the prison population?
Q.
How does the U.S. incarceration rate compare with other countries?
Q.
What relationship do mandatory minimum sentences have on
uniformity of sentences for similar offenses?
Q. What
impact have mandatory minimum sentences and "truth in
sentencing" laws had on the justice system?
Q. What
has been the impact of "three strikes" laws on crime and the
criminal justice system?
Q.
How has "three strikes" legislation worked in California?
Q.
Has "three strikes" legislation caused crime to go down in
California?
Q.
What impact has the war on drugs had on drug use in America? How can the
criminal justice system help?
Q. What
effect have the national drug policies had on the prison system?
Q.
How much does the U.S. spend on the criminal justice system?
Q. If the crime rate is dropping, why do Americans feel more
threatened by crime?
Elder Law
Q. How
many older Americans are there?
Q. How old is the population of older Americans?
Q. What legal issues are becoming more prominent as the
demographics change?
Q. What is elder abuse?
Q. How many incidents of elder abuse are there each year?
Q. What is the most common type of elder abuse?
Q. Who are the abused?
Q. Who are the abusers?
Q. How many states have laws about elder abuse?
Q. Is the reporting of abuse mandatory?
Q. What are the sanctions for failure to report abuse?
Q. What does it mean to have
"capacity"?
Q. What is guardianship?
Q. Who needs a guardian?
Q.
How is the decision made that a person needs a guardian?
Q. How
many adults are under guardianship in this country?
Q. What happens if an individual needs a guardian, but there is no family
member or friend who is willing to or capable of acting as the guardian?
Q. Can a guardianship ever be terminated?
Q. Are there disadvantages to guardianship?
Q. Are
there alternatives to guardianship for an incapacitated person?
Q. Do grandparents have visitation rights to
their grandchildren?
Q. Who may petition for visitation?
Q. Under what circumstances may a petition be
filed?
Q. What standard is used in deciding to order
visitation rights?
Q. Will visitation be ordered after a child is
adopted?
Q. Will
visitation be ordered when the child is in an "intact family"?
Q. Must
visitation rights be decided in court?
Q. What
is "kinship care"?
Q. What is the legal
relationship of a child to a "kinship care giver"?
Q. Is
physician-assisted suicide legal?
Q. Does
everyone need a living will?
Q. Why is a proxy appointment more important than a
living will?
Q. Is a Health Care Power of Attorney ever
inappropriate?
Q. Are written advance directives legal in
every state?
Q. Will one state recognize an advance directive written according to another
state's laws?
Q. Are oral instructions
valid?
Q. Does naming a proxy mean
the individual gives up control?
Q. How does someone go about writing a health care advance directive?
Q. Are health care providers legally obligated to follow an advance
directive?
Q. Can family
members make health care decisions for someone who does not have an advance directive?
Estate Planning
Q. How often should
I have my will or trust reviewed?
Civil Law
Q. What does it mean
if I am served with a complaint?
Juvenile Law
Q. What happens when
my child is arrested with a criminal offense?
Q. How many
children are involved with the legal system?
Q. What
is a guardian ad litem?
Q. When is a
child considered an adult?
Q. Can minors
consent to medical treatment without parental permission?
Q. Do minors have
a legal right to an abortion?
Q. Are
curfews legal?
Q. Are
students allowed to pray at a public school?
Q. Do students have a
constitutional right to "free speech" in the context of public
schools?
Q. Can officials legally
search a student's person, property and locker at a public school?
Q. Are
children with disabilities entitled to a public education?
Q. Are
juveniles entitled to any due process protections in juvenile delinquency
hearings?
Q. Do juveniles adequately
receive due process protections in juvenile delinquency hearings?
Q.
Is the rate
of juvenile crime exploding?
Q. How and
why are children sent to adult criminal court?
Q. Are
minorities over-represented in the juvenile justice system?
Q. Do
prevention programs work?
Q. How
are America's children affected by guns and gun violence?
Q. How
does the risk of harm from gun violence compare between children in the
United States and children elsewhere?
Q. What are the current trends in
substance abuse among young people?
Q. Are
mothers still favored for custody in marital dissolution?
Q. How
many states allow divorcing parents to have joint legal custody of their
children? How many states have a presumption in favor of joint legal
custody?
Q. Are
the guidelines for determining custody different if the child involved is
eligible to be or is a member of a Native American tribe?
Q. How is child support determined in a
divorce or paternity case?
Q. What
happens if a parent does not pay court-ordered child support?
Q. Must the
rights of both biological parents be terminated in order for a child to be
legally free for adoption?
Q. How many
children are abused and neglected in this country?
Q. How
many children are in America's foster care system?
Q. How does domestic violence impact children?
Q. How
many children live in poverty in the U.S.?
Q. How do poor children get legal assistance
when they need it?
Family Law
Q. Are you the victim of domestic violence?
Q. What
is an order of protection?
Q. Who can get an order of
protection?
Q. What can an order of
protection do to protect my children if the abuser is the children's father?
Q. How do I get an order of protection in criminal court?
Q. How do I get an order of protection in civil court?
Q. How long does an order of protection last?
Q. What can I do if an abuser violates my order of protection?
Q. Where can I get more information?
Q. How
do I get a domestic relations case before a Judge?
Real Estate
Law
Evaluate your
finances and set a timetable for purchase.
Make a wish list.
Pre-apply for a mortgage loan.
Hire a qualified real estate attorney before you make an offer.
Do your homework.
Decide whether you want to work with a real estate agent.
Review the seller disclosure document carefully.
Hire a home inspector.
Have a contingency plan if your expectations are not fulfilled.
Free brochures on buying and selling a home from ATG.
Social Security
Q. What types of social
security disability income are available and who qualifies?
Small Claims
Q. How do I file and
respond to a lawsuit in the Small Claims Court of DuPage County, Illinois?
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