Robert "Bob" Monahan's Legal Minute

Robert "Bob" Monahan's Legal Minute

By Robert A MonahanEducationSelf-Improvement
Download on the App Store

Robert "Bob" Monahan's Legal Minute episodes

  • Episode 92: Lake County Treasurer David Stolman

    Join Everyday Law and Lake County Treasurer David Stolman, as we discuss what the Treasurer’s Office is, what it does for Lake County, and what challenges it has faced over the last few years — especially with regard to the changes in the tax code regarding the property tax deduction!

    51 min
  • Episode 91: Are We in a Constitutional Crisis?

    While our leadership garners all of the headlines, could the problems of the country really result from The US Constitution? Has The Constitution stopped working?

    Join Attorney Matt Stanton and I as we discuss how the Constitution developed, fortifying the weaknesses of the prior Articles of Confederation; and whether its very structure is preventing us from confronting our current, pressing issues — such as the monopoly power of the tech industry, the bank-bailouts, the aftermath of the Great Recession, and immigration reform.

     

    38 min
  • Criminal Defense Work with Kevin Malia and Eric Rinehart | Ep 84
    Click the arrow above to listen to the podcast!
    Join Everyday Law as we discuss criminal defense work with Kevin Malia and Eric Rinehart of Malia and Rinehart. We cover some fascinating questions, like how to justify defending a client who may be guilty; the challenges facing a criminal defense attorney; the imperfections of the system; and more!
    How Could You?
    While Attorneys Kevin Malia and Eric Rinehart covered many aspects of criminal defense in this episode, the most interesting question was the question that almost everyone asks the new law student:
    “How could you defend someone that you know is guilty?”
    The idea, I think, behind that question, is the age-old question of whether you can use persuasive powers to make the worse appear to be the better cause, to make the guilty appear innocent, and that the Truth – as in “Truth” with a capital “T” – suffers in the process.
    Attorneys Malia and Rinehart address that issue with the position that all persons have constitutional rights. The criminal defense attorney is the “foot-soldier of the Constitution,” and the job of a criminal defense attorney is to defend their client’s constitutional rights.
    Challenges Facing the Criminal Defense Attorney
    And the job has its serious challenges too.
    Prosecutors have an advantage over criminal defense firms, simply because the government has vast resources of staff and public money. Moreover, the State has enormous lead time in developing their case, while the defense attorney often must scramble to meet the case of the prosecution. Additionally, criminal defense attorneys are often dealing with clients under terrible stress because their clients may be incarcerated while they await trial.
    Imperfections in the System
    Attorneys Malia and Rinehart succeed in their profession by viewing everyone involved in the criminal process; defendants, police officers, attorneys and judges, as humans who are imperfect. Despite these imperfections, defense attorneys must seek justice and truth as the criminal justice system has the potential for serious consequences for their clients.

    Who Are Attorneys Kevin Malia and Eric Rinehart?
    Kevin Malia and Eric Rinehart own their own law firm, Malia & Rinehart P.C., specializing in criminal defense work. Their firm is located at 33 West County Street in Waukegan, Illinois and they can be reached at (847) 249-2425 and www.maliarinehart.com.
    Malia and Rinehart worked together at the Lake County Public Defender’s Office in the early 2000s. Working together led to a friendship between the two, and they teamed up to open their own criminal defense firm which has been in operation for 10 years.
    Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are www.monahanfirm.com and www.
    56 min
  • Sharanya Guruajan on Bankruptcy | Ep 83 (Video)
    Click the arrow above to play the video.
    It was a pleasure to have my good friend, Attorney Sharanya Guruajan, of SGLaw, on Everyday Law to talk about bankruptcy practice. Attorney Gururajan and I met shortly after I began my own practice in 2009, but Attorney Guruajan had gained her expertise in bankruptcy law after graduating the University of Illinois Law School in 2005.
    The 2005 Revision to the Bankruptcy Code
    That year – 2005 – was a very busy year for bankruptcy practitioners, because just at that time, the Congress hadrevised the Bankruptcy Code in order to make it less lenient to debtors. The last revision of the Bankruptcy Code had loosened the reins, but now Congress believed that they needed to be tightened, because debtors were getting out of their obligations, perhaps, too easily.
    That “tightening” created a crush of business, because people in financial distress wanted to get their bankruptcy petition filed before the new, more stringent rules went into effect. Moreover, in addition to the change in the rules, the Great Recession was just beginning, ensuring that all bankruptcy attorneys were busier than ever.
    The Softer Side of Bankruptcy Work
    Attorney Gururajan stated that bankruptcy work requires more than just legal skills, and financial skills; it requires people skills too.
    “When I first started my practice, I had grown men walking into the conference room, looking at me, and hanging their head in shame,” Attorney Guruajan recalled. “Because they thought that they had let everyone down. So early on I realized this was not just a legal job. It had to do with feelings and emotions too.”
    Because of the stress and embarrassment of people facing serious financial difficulties, Attorney Guruajan employs psychology as well as her legal expertise in comforting her clients, and ultimately addressing their legal and financial situation.
    Chapter 7 “Liquidation” v. Chapter 13 “Repayment” Bankruptcies
    There are two main types of bankruptcies that affect consumers: Chapter 7 and Chapter 13. Chapter 7 is known as a “liquidation plan”, while Chapter 13 is a “repayment plan.”
    In a Chapter 7 bankruptcy, the debts are discharged, after any assets of the debtor are sold and creditors are paid. The tricky part of a Chapter 7 bankruptcy is qualifying in the first place, because the “means-test” restricts this kind of process to only those truly in need – with no way out.
    In contrast, if a debtor is a wage earner, has an income (and does not qualify for the “means-test”), that debtor will usually seek Chapter 13 bankruptcy and pay back creditors, over time, on a repayment plan.
    Who Are the “Players” in a Typical Bankruptcy?
    There are many individuals involved in a bankruptcy filing including the debtor, creditors, trustee, judge and U.S. Trustee.
    The debtor starts the bankruptcy by filing a petition. The petition triggers the “automatic stay,” which stops all collection proceedings against the debtor (to the debtor’s great relief!). No creditor after that can collect against the debtor. Even trying to will risk sanctions by the Bankruptcy Court.
    The trustee oversees the management of the “bankruptcy estate” created by the filing of the bankruptcy petition. The trustee protects the creditors.
    The bankruptcy judge presides over the bankruptcy; while the U.S. Trustee makes the determination that a debtor who has filed for bankruptcy passes the “means-test”, that qualifies the debtor to proceed with the bankruptcy.
    How Will Bankruptcy Affect Me?
    Many people worry about the effect a bankruptcy will have on their credit rating.
    28 min
  • A Safe Place with Pat Davenport | Ep 82
    Press “Play” Arrow for Podcast
    Join Everyday Law as we discuss A Safe Place with Executive Director, Pat Davenport. As you may know, A Safe Place provides emergency shelter and transitional housing to survivors of domestic violence, but this episode will surprise you with the scope of all of the other initiatives that the organization has undertaken to fulfill its mission.
    Who Uses “A Safe Place”?
    Pat Davenport is the executive director of A Safe Place, an organization in Lake County devoted to assisting survivors of domestic abuse. Domestic abuse is an issue affecting 1 in 3 women and 1 in 7 men. A Safe Place provides a range of services to the survivors who reach out to A Safe Place including services for crisis and safety, healing and building, intervention and separation and prevention of domestic abuse.
    What Services Does “A Safe Place” Offer?
    A Safe Place has a 24-hour crisis telephone line operating 365 days a year. Davenport stated that on average it takes up to 7 or 8 telephone calls from a survivor to a crisis telephone line for the survivor to leave the abuser. Volunteers who staff the line use open-ended questions to allow the caller to take the lead in determining what assistance the caller needs. If it is determined that the caller needs help, A Safe Place can provide emergency shelter for the caller, along with their children or pets, if needed. In addition to emergency shelter, A Safe Place can provide transitional and permanent housing.
    A Safe Place offers counselling which is critical to healing. There is family therapy, individual counselling, support groups and art therapy. Counselling is even available for the abuser. Another service provided by A Safe Place is visitation for non-custodial parents with their children.
    A Safe Place has 8 locations in Lake County. Among these locations is an office in the Lake County Courthouse near the Domestic Violence Courtroom. Staff and volunteers there assist individuals with orders of protection and other services.
    Prevention of abuse is another service provided by A Safe Place. Volunteers and staff from A Safe Place visit middle and high schools and talk to students about healthy relationships. This outreach is especially important in the age of social media and 24-hour texting.
    How Is “A Safe Place” Funded?
    To fund all of these services, A Safe Place engages in a number of fundraising events including a 5K Run, golf event, wine event and a dinner dance. Half of A Safe Place’s funding is from the State of Illinois. Because of state budget problems, A Safe Place has had difficulty in serving all the clients who request services in recent years. Thus, A Safe Place is working to diversify its funding, so it is not so reliant on state funds.
    An additional outreach project for A Safe Place is a Partnership for A Safer Lake County. This is a network of 42 organizations working together to prevent abuse and violence in Lake County. Among the issues this partnership seeks to address are abuse of the elderly, children and the LGBTQ populations and human trafficking.
    Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from
    33 min

About Robert "Bob" Monahan's Legal Minute

From the publisher's feed

“Bob Monahan’s Legal Minute” is a podcast dedicated to demystifying the law for you and your family. Hosted by experienced attorney Bob Monahan, each episode provides clear, concise, and engaging…