» Business

Do I need an attorney to incorporate a business in Illinois?

No, there’s no requirement that you use an attorney.

If my business sues someone in Illinois for breach of contract and wins, will the other side have to pay our attorney’s fees?

It depends. The “American Rule” means that each party pays their own attorney's fees unless the contract (or statute) says otherwise. If there’s a provision in the contract for attorney's fees, and the court approves the fees, then the answer is yes. If there’s no provision, the answer is no.

Does my corporation need an attorney to sue someone in Illinois?

Yes, and pursuant to Illinois Supreme Court Rule 282(b), this requirement applies even to small claim lawsuits.

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