When Will the Legal Community Return To Normal?

Both attorneys and clients have reached the boiling point with their government’s failed response regarding the dismal shutdown of our courts, agencies, and municipalities. Obviously, during a pandemic there will be changes in the way some systems operate. This does not mean that the government can simply stop doing their job. There is a fundamental duty of the government to provide the services that taxpayers fund on a consistent and reliable basis. Our government employees are still being paid. Private businesses are still operating, finding work from home work-arounds for employees. It should not be beyond the capacity of the most powerful country in the world to be able to do the same, if not better.

            We are a small law office in Oak Lawn, IL. We handle a number of practice areas including Estate Planning, Social Security Disability, Family Law, and Guardianship. What makes us unique is that we work with the government in almost all of their levels. What is so surprising is just how poorly our governments response has been on all levels of administration. Let me provide some examples of the frustration we have had to undertake in the last few months. We will start with your local government.

In Oak Lawn, like many municipalities, when you wish to transfer a property via sale, estate distribution, or changing of title, you must receive a transfer stamp. This type of stamp allows the municipalities to ensure there is not an outstanding balance on municipal services prior to a transfer. The job of the clerk in this type of stamp is simple. Run the property index number against the municipal billing and determine if there is an outstanding balance. If there is a balance, inform the citizen client so that the balance can be paid. If there is not balance, stamp the form and return it to the firm. There is no need for in person interaction in this setup. Attorneys can fax or email the form to the village, and the village can email or mail the stamp back. There is no reason the clerk couldn’t perform this duty from their home. My office has sent the forms to the village three weeks ago for a client who needs this transfer of title on an emergency basis. No one at the village responds to phone calls, returns phone messages, or processes the transfer stamps. This type government service is the simplest style of transformation under new Covid-19 protocol. This failure of the local government to process stamps places their citizens at risk of failure to be able to transfer property, insure property, or defeat Estate Planning Goals. There are hundreds of thousands of dollars at stake for the citizens, and Oak Lawns response is that they are shut down to help prevent the spread of the virus.

How is the state/county government responding? In Cook County, the recorder of deeds office did not begin to accept mail in deeds until May 5^th. The courts are closed except for criminal arraignments or whatever the sitting judge decides is an emergency. Properties that are in probate cannot be distributed. Custody schedules for children cannot be finalized. If you lost your job, good luck getting your child support modified, not considered an emergency. Is there a child who needs guardianship because the parent is unfit, the court doesn’t see that as an emergency.

We can give credit to the Social Security Administration for their efforts to maintain a working government system while protecting their staff and the applicants. Social Security took two weeks reorganize the employees to be able to work from home. They set provisions for hearings to be performed telephonically. All those attending the hearing, including judges, attorneys, expert witnesses, and claimants all conference call with the hearing monitor to ensure people can receive the benefits. Most disability applications take over a year to receive a favorable decision. The delays that Covid-19 would create would place a further hardship on disabled Americans. Many of whom are losing their homes from being without work from there disabilities. The judge’s clerks are more available than ever to answer questions and update exhibits. This is a perfect example of a government agency shifting course to accommodate their “customers” needs, while keeping their staff and the public safe.

There are real world consequences to the government failing to do their job. Most government agencies, courts, and municipalities are failing in finding alternative ways to serve the public. We deserve better service from our government, they should be following Social Security’s model of continuing to provide their services in a safe and efficient manner. Remember, with the election season looming, you are paying for these services through your taxes, you should be receiving the benefits. If private entities have to adjust, you should expect no less from your public officials.

What effect will Donald Trump's Presidency Have on Immigration?

During his campaigning, President Elect Trump held a hard line on immigration. He claimed a desire to repeal the Dream Act, better known as DACA. There is a chance he will use the information gathered through DACA against immigrants who applied through the program. More likely though, he will simply discontinue the program, therefore disallowing current DACA recipients from renewing their benefits. What does this mean for the country? Those employees who are legally working through their DACA benefits will no longer be able to work. This will create a gap in the labor market, driving up the price of goods and creating a gap in the employment market. This will also decrease the amount those immigrant families have to spend, brining down the domestic demand in general. Additionally, it is likely he will increase prices in the way of filing fees for immigration applications. This will reduce those who can legally apply for immigration benefits, making immigration harder. Ironically, this will also increase the number of individuals who illegally immigrate, owing to their inability to pay for legal immigration.

Oak Lawn Immigration Attorney | Dream Act

THE LAW OFFICE OF JONATHAN W. COLE WELCOMES DEFERRED ACTION ANNOUNCEMENT, WARN OF POTENTIAL FRAUD BY SO-CALLED "NOTARIOS"

OAK LAWN, ILLINOIS - THE LAW OFFICE OF JONATHAN W. COLE welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.

To qualify, an individual must:

• have arrived in the U.S. when they were under the age of sixteen;
• have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
• currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
• not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
• have been under thirty-one years old on June 15, 2012

The deferred action offer will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.

The Administration is not yet accepting applications for this action. Within sixty days - by the middle of August - the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.

Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios." In the United States, notarios have no legal background and cannot legally practice law or represent you. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process has been announced by the federal government. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

For more information, contact your the Law Office of Jonathan W. Cole at jwcolelaw.com or 708-529-7794.