Practice Areas

Illinois Appellate Attorneys

Appellate law involves the review of decisions made by trial courts and, in some circumstances, administrative bodies. An appeal is substantially different from a trial. Rather than presenting an entirely new case, appellate attorneys generally work from the existing record to determine whether legal or procedural errors provide grounds for appellate review.

Black Ballard McDonald P.C. has handled hundreds of appeals involving numerous areas of law. Our attorneys provide appellate representation to existing clients as well as individuals, businesses, and organizations whose underlying cases were handled by other attorneys or law firms.

Our Mt. Vernon office is located near the Illinois Appellate Court, Fifth District courthouse. The Fifth District serves a substantial portion of Southern Illinois, and appellate practice has long been an important component of our firm's work.

What Does an Appellate Attorney Do?

Appellate representation requires detailed analysis of the trial-court record and the legal issues presented by the case.

• Review trial transcripts, pleadings, motions, orders, exhibits, and other portions of the record
• Analyze rulings made by the trial court
• Determine whether issues were properly preserved for appellate review
• Research Illinois statutes, court rules, and appellate decisions
• Identify and analyze potential appellate issues
• Prepare appellate briefs explaining the client's legal position
• Respond to arguments presented by opposing parties
• Prepare for and present oral argument when ordered by the appellate court

The strength of an appeal frequently depends upon careful legal research and the ability to explain complex legal issues clearly and persuasively in written appellate briefs.

Appeals of Cases Handled by Other Attorneys

A client does not necessarily have to use the same attorney for an appeal who handled the underlying trial-court case.

Black Ballard McDonald P.C. can evaluate and handle appeals arising from cases originally litigated by other attorneys. This allows a client or referring attorney to bring in counsel with appellate experience specifically for the appellate stage of a case.

Because appeals are governed by strict procedural requirements and filing deadlines, anyone considering an appeal should seek legal advice promptly after the entry of a final judgment or other appealable order.

Banking and Financial Institution Representation

Banks and financial institutions operate within a legal environment involving lending, secured transactions, real estate, loan documentation, collateral, collections, foreclosure, and litigation.

Black Ballard McDonald P.C. represents local banks as well as regional and national banking institutions in transactional matters and disputes arising from banking and lending relationships.

Our banking attorneys assist financial institutions with matters ranging from preparing and reviewing loan documents to enforcing a lender's rights when a borrower defaults.

Loan and Transaction Documentation

Proper documentation is an important part of protecting the interests of a lender. Our attorneys assist banking clients with the preparation, review, and analysis of documents associated with lending and secured transactions.

Depending upon the transaction, this work may involve documents relating to loans, collateral, real estate, secured property, and other financial obligations.

Our attorneys can also provide title examination services when real estate is involved in a lending transaction.

Foreclosures and Creditor Remedies

When a borrower defaults on an obligation, a financial institution may need legal assistance to determine and pursue available remedies.

Our banking practice includes mortgage foreclosure proceedings and other actions involving secured property.

The firm also handles replevin proceedings involving personal property. Replevin may be used in appropriate circumstances when a creditor seeks possession of personal property in which it claims a legal right or security interest.

Banking Litigation

Disputes involving lending relationships sometimes result in litigation. Our attorneys represent banking clients in contested matters involving loans, collateral, secured property, mortgages, contracts, and related financial disputes.

Because our banking practice includes transactional work, real estate matters, creditor representation, and civil litigation, we can assist financial institutions at multiple stages of a lending relationship—from initial documentation through enforcement and litigation.

Civil Litigation Attorneys

Civil litigation encompasses legal disputes between individuals, businesses, financial institutions, insurers, property owners, employers, municipalities, and other parties.

Black Ballard McDonald P.C. maintains a broad civil litigation practice and represents clients in both the prosecution and defense of civil claims.

Our attorneys handle civil matters involving insurance defense, personal injury claims, contracts, liens and lien foreclosures, property disputes, damage claims, employment matters, real estate taxation, forcible entry and detainer proceedings, and other general civil disputes.

Handling Civil Disputes

A civil lawsuit may involve several stages before a matter reaches trial.

• Investigating the facts surrounding a dispute
• Evaluating potential claims and defenses
• Reviewing contracts, correspondence, financial records, and other evidence
• Preparing and responding to pleadings
• Conducting written discovery
• Taking and defending depositions
• Preparing and responding to motions
• Negotiating potential settlements
• Preparing cases for trial
• Representing clients during trial
• Handling post-trial proceedings and appeals

Some disputes can be resolved through negotiation, mediation, or other forms of alternative dispute resolution. Others require a court to determine the parties' rights.

Business and Contract Litigation

Contract disagreements can arise over payment, performance, interpretation of contractual terms, or an alleged failure by one party to fulfill its obligations.

Our attorneys represent clients in contract disputes and other commercial matters when negotiation alone does not resolve the disagreement.

Property and Lien Litigation

The firm's civil litigation practice also includes disputes involving real property, liens, lien foreclosures, possession of property, and other property-related claims.

Local Counsel in Southern Illinois

Black Ballard McDonald P.C. frequently serves as local counsel for attorneys, businesses, insurers, and other organizations involved in litigation in Southern Illinois.

Outside attorneys and organizations may benefit from working with local counsel familiar with the courts, procedures, and legal community in the region.

Civil Appeals

When a civil matter continues beyond the trial court, our appellate attorneys can provide representation during the appellate process. The firm's experience in both trial and appellate litigation allows us to assist clients through multiple stages of a civil dispute.

Business and Corporate Legal Services

Businesses encounter legal issues throughout their life cycle—from formation and financing to contracts, acquisitions, operations, succession, and sale.

Black Ballard McDonald P.C. provides corporate and business legal services to business owners and organizations requiring assistance with transactions, contracts, entity formation, acquisitions, sales, and other corporate matters.

Business Formation

Our attorneys assist clients with forming corporations and limited liability companies.

The selection and structure of a business entity can affect ownership, management, liability, taxation, succession, and future business transactions.

We assist clients with establishing the legal structure and documentation necessary to begin operating through the selected business entity.

Business Contracts

Contracts define many of the relationships upon which a business depends.

Our attorneys prepare, review, analyze, and negotiate business agreements and advise clients concerning their contractual rights and responsibilities.

Legal review before an agreement is signed can help identify unclear terms, unexpected obligations, and potential areas of future disagreement.

Buying and Selling Businesses

Black Ballard McDonald P.C. assists clients with the purchase and sale of businesses as well as mergers and acquisitions involving existing companies.

Business transactions may require negotiation of transaction terms, preparation and review of agreements, examination of existing contractual obligations, due diligence, review of business assets and liabilities, preparation of closing documents, and coordination with lenders, accountants, and other professionals.

The exact requirements depend upon the structure and complexity of the transaction.

Ongoing Business Counsel

Legal issues continue after a business has been formed.

Our attorneys provide ongoing legal assistance concerning contracts, transactions, property matters, disputes, and other issues arising during business operations.

Because the firm also practices in civil litigation, banking, real estate, and related areas, we can assist when a routine business matter develops into a dispute requiring litigation.

Representation of Creditors in Bankruptcy

When an individual or business files bankruptcy, creditors must determine how the bankruptcy affects their ability to collect money, enforce agreements, protect collateral, or otherwise preserve their legal rights.

Black Ballard McDonald P.C. represents creditors in bankruptcy proceedings. The firm does not represent debtors seeking bankruptcy protection.

Our clients may include banks, lenders, businesses, landlords, secured creditors, judgment creditors, and other parties to whom a debtor owes money or contractual obligations.

Protecting Creditor Rights

Bankruptcy can change the normal procedures available to a creditor for collecting a debt or enforcing an agreement.

Our attorneys review bankruptcy filings and advise creditor clients concerning their position within the bankruptcy proceeding.

• Reviewing bankruptcy petitions and schedules
• Evaluating secured and unsecured claims
• Preparing and filing proofs of claim
• Reviewing proposed treatment of creditor claims
• Addressing contested bankruptcy matters
• Appearing before the bankruptcy court
• Protecting interests in collateral or other property
• Advising creditors concerning their available legal remedies

Secured Creditors

Banks and other secured lenders may have additional concerns when collateral secures the debtor's obligation.

Our experience in banking law, secured property matters, foreclosure, and creditor representation allows the firm to evaluate bankruptcy issues in the context of the underlying lending relationship and collateral.

Bankruptcy proceedings contain specific rules and deadlines. Creditors receiving notice of a bankruptcy should obtain legal advice concerning how the filing affects their particular rights and obligations.

Illinois Family Law Representation

Family law matters involve some of the most personal and financially significant legal issues individuals encounter.

Black Ballard McDonald P.C. represents clients in divorce, property settlement, child custody and parenting matters, paternity proceedings, modifications, adoption, prenuptial agreements, and post-judgment proceedings.

Divorce and Property Matters

Divorce can involve far more than legally ending a marriage.

Depending upon the circumstances, the parties may need to address ownership and division of property, financial obligations, and issues involving children.

Our attorneys help clients understand the legal issues involved and work toward resolving those matters through negotiation or court proceedings when necessary.

Child Custody and Parenting Issues

When parents separate or divorce, decisions concerning their children can become a central issue.

Illinois law uses concepts such as allocation of parental responsibilities and parenting time, although many individuals searching for legal assistance continue to use terms such as child custody.

Our attorneys assist clients with parenting-related matters and disputes involving children.

Paternity

Paternity proceedings can be necessary to legally establish a parent-child relationship and address related parental rights and responsibilities.

Our attorneys represent clients in paternity matters and related proceedings.

Modification and Post-Judgment Proceedings

A family law case does not necessarily end when the court enters a final judgment.

Changes in circumstances or disagreements concerning existing orders can result in additional legal proceedings.

Black Ballard McDonald P.C. assists clients with modifications and other post-judgment matters when additional court involvement becomes necessary.

Prenuptial Agreements

A prenuptial agreement allows prospective spouses to address certain financial and property issues before marriage.

Our attorneys assist clients with preparing and reviewing prenuptial agreements designed to clearly document the parties' intentions and legal arrangements.

Adoption

The firm also provides legal assistance with adoption proceedings. Adoption involves specific legal procedures designed to establish the legal parent-child relationship, and our attorneys assist clients through the required process.

For parents who share parenting time, OurChildInfo.com provides an online repository of all parental communication, giving both parents a single, organized place to exchange and keep messages about their children. Keeping co-parenting communication in one record can help reduce misunderstandings and provide a clear history if questions later arise concerning parental responsibilities or parenting time.

Legal Assistance for a Broad Range of Civil Matters

Legal problems do not always fall neatly into a single practice area.

A dispute may involve contracts, property, business relationships, financial obligations, employment issues, or several different legal subjects at the same time.

Black Ballard McDonald P.C. maintains a general civil practice that allows our attorneys to assist individuals and businesses with a broad range of legal questions and disputes.

Evaluating a Civil Legal Problem

The first step in many civil matters is determining exactly what legal issues are involved.

Our attorneys may review contracts, correspondence, court documents, property records, financial documents, and other information relevant to the situation.

After reviewing the circumstances, we can help the client understand the legal issues involved and available options.

Some matters can be addressed through advice, document preparation, or negotiation. Other disputes may require mediation, arbitration, litigation, or another formal legal proceeding.

Matters Involving Multiple Areas of Law

A broad civil practice can be particularly valuable when a matter crosses traditional practice-area boundaries.

For example, a dispute involving a business property could involve corporate law, contract law, real estate law, banking issues, and civil litigation.

Our firm's experience across these related areas allows us to evaluate the matter as a whole rather than viewing each legal issue in isolation.

If you are unsure which practice area applies to your legal situation, contacting the firm can help determine the appropriate attorney or next step.

Landlord and Tenant Legal Matters

Disputes between landlords and tenants can involve possession of property, rent, lease obligations, notices, and court proceedings.

Black Ballard McDonald P.C. assists clients with landlord and tenant matters, including evictions and related legal proceedings.

Eviction Proceedings

Evictions are governed by specific legal procedures.

Depending upon the circumstances, a landlord may need to provide legally sufficient notice before filing a court action seeking possession of the property.

Our attorneys can assist with reviewing the circumstances leading to an eviction, preparing or reviewing required notices, preparing court filings, representing clients during eviction proceedings, and addressing related property disputes.

Following the proper procedure is important because mistakes involving notices or court filings can delay resolution of the matter.

Related Real Estate Matters

Landlord and tenant issues sometimes overlap with other areas of real estate law.

Black Ballard McDonald P.C. also handles foreclosures, real estate disputes, contract matters, and other property-related proceedings.

Our attorneys understand the importance of resolving landlord and tenant disputes efficiently while controlling legal costs and protecting the client's property and financial interests.

Alternative Dispute Resolution

Litigation is not the only way to resolve a legal dispute.

Mediation and arbitration are forms of alternative dispute resolution that can allow parties to address disagreements outside the traditional trial process.

Members of Black Ballard McDonald P.C. have been actively involved in mediation and arbitration involving personal injury litigation, financial matters, corporate disputes, and other civil cases.

What Is Mediation?

Mediation is a structured negotiation process involving a neutral mediator.

Rather than deciding which party wins or loses, the mediator assists the parties and their attorneys in identifying disputed issues, evaluating possible solutions, and attempting to reach a mutually acceptable agreement.

When successful, mediation can allow the parties to resolve a dispute without proceeding through a complete trial.

What Is Arbitration?

Arbitration is different from mediation.

In arbitration, the parties present their positions to an arbitrator or arbitration panel. The arbitrator then makes a decision according to the applicable arbitration agreement and rules.

Depending upon the agreement and proceeding, arbitration may be binding or otherwise subject to particular legal requirements.

When Is Alternative Dispute Resolution Used?

Mediation and arbitration may be used in personal injury disputes, business and corporate disputes, financial disputes, contract matters, and other civil litigation.

Alternative dispute resolution may occur before a lawsuit is filed or while litigation is already pending.

The appropriate method depends upon the nature of the dispute, agreements between the parties, and the objectives of those involved.

Coal, Oil, Gas and Mineral Law

Mineral ownership and development can involve complex questions concerning property rights, title, contracts, leases, regulation, financing, transactions, and litigation.

Mineral law has been a significant and long-standing area of practice for Black Ballard McDonald P.C.

Our attorneys represent mineral owners, operators, producers, contractors, national corporations, and locally owned businesses in matters involving coal, oil, natural gas, and other mineral resources.

Mineral Ownership and Title

Determining who owns mineral rights can require examination of deeds, reservations, conveyances, leases, and other documents extending back through the property's chain of title.

Our attorneys conduct mineral title examinations and prepare title opinions concerning ownership and other legal interests affecting minerals.

This work can be important before mineral interests are purchased, sold, leased, financed, or developed.

Mineral Leases and Contracts

Mineral development frequently involves contractual relationships between mineral owners, operators, producers, contractors, and other parties.

Our attorneys prepare and review contracts and leases associated with mineral ownership, exploration, development, and production.

Purchase and Sale of Mineral Interests

Black Ballard McDonald P.C. represents clients in acquisitions and dispositions involving mineral interests.

Our services may include due diligence, title review, preparation and examination of transaction documents, and other legal work associated with the purchase or sale.

Mineral Financing

Mineral transactions and operations may involve financing arrangements and secured interests.

Our firm's experience in mineral law, banking, real estate, and commercial transactions allows our attorneys to address the overlapping legal issues that can arise in these transactions.

Regulatory and Administrative Matters

Mineral exploration and development are subject to governmental regulation.

Our attorneys represent clients in administrative litigation before the Illinois Department of Natural Resources and in matters involving the Illinois Environmental Protection Agency.

Mineral Litigation

Disagreements involving mineral ownership, contracts, leases, operations, regulatory requirements, or other rights can lead to civil or administrative litigation.

Our attorneys represent clients in disputes involving mineral interests and related operations.

Other Minerals and Natural Resources

Our mineral practice extends beyond coal, oil, and natural gas.

Black Ballard McDonald P.C. has represented companies in matters involving fluorspar, rare minerals, gravel, limestone, dirt, and other natural resources.

The breadth of this practice allows the firm to assist clients with the transactional, title, regulatory, and litigation issues associated with mineral ownership and development.

Legal Representation for Municipalities

Cities, villages, and other municipal entities encounter legal issues as part of everyday government operations.

Black Ballard McDonald P.C. represents municipalities as attorney of record and provides counsel concerning municipal governance, ordinances, transactions, employment matters, enforcement, and litigation.

Municipal Governance

Municipal officials must make decisions within a legal framework established by state law, local ordinances, and other governmental requirements.

Our attorneys advise municipal clients concerning legal issues arising from governance and municipal operations.

Ordinance Drafting and Enforcement

Local ordinances establish rules governing matters within a municipality's authority.

Black Ballard McDonald P.C. assists municipalities with drafting and reviewing ordinances and provides representation when enforcement becomes necessary.

Municipal Employment Matters

Municipalities are also employers and encounter many of the legal issues associated with managing employees and workplace matters.

Our attorneys advise municipal clients concerning employment-related legal issues as part of the firm's municipal practice.

Demolition and Property Matters

The firm represents municipalities in demolition proceedings and other matters involving property conditions and ordinance enforcement.

These proceedings can require compliance with specific procedural requirements before a municipality can obtain and enforce a court order.

Municipal Litigation

When a municipality becomes involved in a legal dispute, our attorneys provide litigation representation to protect the municipality's interests.

By combining ongoing municipal counsel with litigation experience, Black Ballard McDonald P.C. can assist municipal clients with both routine governmental matters and contested proceedings.

Illinois Real Estate Attorneys

Real estate matters can involve significant financial investments and long-term legal obligations.

Black Ballard McDonald P.C. provides comprehensive real estate legal services to individuals, businesses, financial institutions, and other organizations, including both local and out-of-state clients.

Our attorneys handle real estate transactions, title examinations, document preparation and review, negotiations, zoning matters, foreclosures, lien disputes, title litigation, partition actions, contract enforcement, and other property-related legal matters.

Buying and Selling Real Estate

Real estate transactions involve more than signing a purchase agreement and attending a closing.

Our attorneys assist clients with negotiating and reviewing agreements, preparing transaction documents, examining title, identifying potential legal issues, and completing the legal components of a real estate transaction.

Real Estate Title Examinations

A title examination evaluates the public record and other relevant information to identify ownership interests, liens, encumbrances, and other matters affecting real property.

Black Ballard McDonald P.C. performs title examinations for individuals, businesses, financial institutions, and other clients.

Title Insurance

Black Ballard McDonald P.C. is a member of Attorneys Title Guaranty Fund, Inc. and is an authorized issuer of its title insurance policies.

The firm handles title commitments and title insurance policies associated with qualifying real estate transactions.

Zoning Matters

Land use and development can be affected by local zoning requirements.

Our attorneys provide legal assistance concerning zoning matters affecting real property and proposed uses of property.

Real Estate Litigation

When property disputes cannot be resolved through negotiation, litigation may become necessary.

Our real estate litigation practice includes mortgage foreclosures, lien foreclosures, title disputes, reformation actions, partition proceedings, contract enforcement, and other disputes involving real property.

Partition Proceedings

When multiple parties have ownership interests in real property and cannot agree upon its disposition or use, a partition proceeding may provide a legal method for resolving the ownership dispute.

Our attorneys represent clients in partition matters and related property litigation.

Real Estate and Banking

Real estate and banking law frequently overlap, particularly when property serves as collateral for a loan.

Because the firm represents financial institutions and handles mortgage foreclosures, secured transactions, and title examinations, our attorneys can address both the transactional and litigation aspects of real estate financing.

Estate Planning, Probate and Trust Administration

Estate planning is the process of preparing for the management and transfer of property during life and after death.

Black Ballard McDonald P.C. assists individuals and families with wills, trusts, powers of attorney, estate and gift tax planning, business succession planning, probate, estate administration, trust administration, and guardianships.

Wills

A will provides instructions concerning the disposition of property following death and can address other important estate matters.

Our attorneys assist clients with preparing wills designed to reflect their wishes and individual family and financial circumstances.

Trusts

Trusts can be used for a variety of estate-planning and property-management purposes.

Depending upon the individual's objectives, a trust may be used to manage assets, provide for beneficiaries, plan for future incapacity, or address how property should be distributed following death.

Our attorneys help clients determine whether a trust is appropriate and prepare trust documents when they are part of the client's estate plan.

Powers of Attorney

Estate planning also includes preparing for the possibility that an individual may become unable to make certain decisions independently.

Powers of attorney can authorize another person to make specified decisions concerning property, finances, or health care.

Black Ballard McDonald P.C. assists clients with powers of attorney for health care and property as part of a comprehensive estate plan.

Estate and Gift Tax Planning

For individuals and families whose circumstances require additional tax planning, our attorneys provide estate and gift tax planning services.

The appropriate planning strategy depends upon the client's assets, family circumstances, objectives, and applicable tax laws.

Business Succession Planning

Business owners may need to consider what will happen to a company or ownership interest following retirement, incapacity, or death.

Business succession planning can coordinate corporate and estate-planning objectives and establish a framework for transferring ownership or management.

Our firm's experience in both corporate law and estate planning allows us to assist business owners with these overlapping considerations.

Probate and Estate Administration

Following a death, an estate may require probate or other legal administration.

Our attorneys assist executors and other representatives with determining whether probate is necessary, identifying and inventorying estate assets, addressing claims and estate obligations, preparing required documents and accountings, distributing property to beneficiaries, and completing the legal administration of the estate.

Trust Administration

Trustees have legal responsibilities concerning the management and distribution of trust property.

Black Ballard McDonald P.C. provides legal counsel to trustees concerning trust administration and assists with the preparation of accountings, distributions, and other matters associated with administering a trust.

The firm also represents beneficiaries when legal assistance is required concerning their interests in an estate or trust.

Guardianships

Our attorneys assist with guardianship matters involving minor children and disabled adults.

This can include establishing a guardianship through the court and providing ongoing legal guidance concerning the responsibilities and rights of guardians and wards.

Probate Avoidance and Estate Planning

When appropriate, estate planning may include strategies intended to reduce or avoid the need for probate.

Whether probate avoidance is desirable depends upon the client's property, family situation, estate plan, and objectives.

Our attorneys work with clients to develop an estate plan based upon their individual circumstances rather than relying upon a one-size-fits-all approach.