David H. Potter’s Answers

David H. Potter

Chicago Real Estate Attorney.

Contributor Level 7
  1. Retainer Fee

    Answered about 5 years ago.

    1. David H. Potter
    2. Erik Glen Swanson
    3. Brian J Waid
    3 lawyer answers

    As others have previously stated, attorneys ask for retainers of various amounts depending on the client and the case. The primary reason an attorney will ask for a retainer is to make sure he/she is going to be paid for the work that is to be done. Typically the amount of the retainer will be based on the expected cost of attorney's fees and expenses throughout the case, though sometimes the retainer is set up to be replenished knowing that it will cost much more. A retainer is different...

    4 people marked this answer as helpful

  2. I am on probation for a dui misdemeanor. Just got a speeding ticket while still on probation. Will this effect my probation?

    Answered about 5 years ago.

    1. David H. Potter
    2. Ted Harvatin
    3. Michael J. Helfand
    4. Edward Jerome Blum
    5. Jonathan Burton Blecher
    6. ···
    6 lawyer answers

    Unless you are charged with reckless driving or some other misdemeanor because of the excessive speed then no. Speeding is considered quasi-criminal and not a misdemeanor or felony. Make sure you take care of the ticket because failure to appear could cause a bigger problem.

    4 people marked this answer as helpful

  3. Can I be sure that the misdemenor wont show on my son record.

    Answered about 5 years ago.

    1. David H. Potter
    1 lawyer answer

    Generally speaking no one may obtain the juvenile criminal records of your son unless he consents to releasing them. For example, when applying to become an attorney each applicant must agree to release all juvenile records to the state bar examiners. In this case, it is possible that there will not be any records outside of the municipality. Since your son never went to court it is possible that the only record of the arrest is in the municipality in which the event occurred. However,...

    3 people marked this answer as helpful

  4. Can the auto mechanic sue me for unpaid work?

    Answered about 5 years ago.

    1. Alan James Brinkmeier
    2. David H. Potter
    2 lawyer answers

    The short answer is YES! Alan is correct that you should try to work something out with the mechanic before the lawsuit costs you more than the repair.

    1 person marked this answer as helpful

  5. My sisters husband borrowed money from me over a year ago how long do i have to file a lawsuit

    Answered about 5 years ago.

    1. David H. Potter
    2. Alan James Brinkmeier
    2 lawyer answers

    In Illinois 5 years if the contract is oral and 10 years if it is written. If you have a written agreement then the 10 years starts from the date of the most recent payment or written promise to pay. If the sum is substantial you should hire an attorney to assist you with the matter.

    1 person marked this answer as helpful

  6. My landlord of 4 years was late 3 months providing this year's lease. The new terms of the lease seem unfair and unreasonable.

    Answered about 5 years ago.

    1. David H. Potter
    1 lawyer answer

    In most jurisdictions, absent a term in the original lease to the contrary, when the term of a lease has expired, but the tenant remains in possession of the property, a month-to-month lease is in effect. This month-to-month lease can be terminated by either party upon one month's notice. Your landlord would argue notice was given 3 months after the termination of the original lease when she provided you with the new lease, but this is probably not sufficient under most local eviction laws to...

    1 person marked this answer as helpful

  7. I have a home I rent ed to a woman with 1 year old twins. She has been there one month and refuses to pay any more. Options?

    Answered about 5 years ago.

    1. David H. Potter
    1 lawyer answer

    Evict her. There are specific procedures that must be followed in order to obtain an order for eviction. Speak to an eviction attorney in Indiana to assist you with the process. If your tenant pays the past due rent and you still want her out, give her one month's notice to move out. If she refuses evict her.

    1 person marked this answer as helpful