HB4128 102ND GENERAL ASSEMBLY

LRB102 17803 LNS 24143 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4128

Introduced 9/3/2021, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

705 ILCS 205/7

from Ch. 13, par. 7

Amends the Attorney Act. Provides that if an attorney has received, in the course of collection or settlement of any claim left with him or her for collection or settlement, any money or other property belonging to any client, and, upon demand made, and a tender of his or her reasonable fees and expenses, refuses or neglects to pay over or deliver the same to the client, it shall be lawful for the client to, among other things: (1) request that the attorney provide an accounting of any and all money or other property belonging to the client in the possession of the attorney; and (2) request that the attorney deliver any and all money or other property belonging to the client in the possession of the attorney. Provides that an attorney who receives a request for an accounting shall provide the client with a full and accurate accounting of any and all money or property belonging to the client in the possession of the attorney within 30 days. Provides that an attorney who receives a request for delivery shall delivery any and all money or property belonging to the client in the possession of the attorney within 30 days. Provides that an attorney who knowingly violates a request for accounting or request for delivery for the express purpose of misappropriating money or property belonging to the client shall forfeit any and all rights and claims that the attorney may have otherwise held in such money or property or any portion thereof. Provides that the client may elect to enforce violations in the same court proceeding from which the money or property at issue was derived or through a separate action. Allows the court, upon a showing of cause for the issuance of injunctive relief, to issue such temporary restraining orders, preliminary injunctions, and permanent injunctions as may be appropriate. Allows the court to award reasonable attorney's fees, costs, and expenses to the prevailing party.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Attorney Act is amended by changing Section 7 as follows:

(705 ILCS 205/7) (from Ch. 13, par. 7)

Sec. 7. Return of client property.

(a) In all cases when an attorney of any court in this State state, or solicitor in chancery, shall have received, or may hereafter receive, in his or her said office of attorney or solicitor, in the course of collection or settlement of any claim left with him or her for collection or settlement, any money or other property belonging to any client, and shall, upon demand made, and a tender of his or her reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for the client to:

(1) request that the attorney provide an accounting of any and all money or other property belonging to the client in the possession of the attorney;

(2) request that the attorney deliver any and all money or other property belonging to the client in the possession of the attorney; and

(3) any person interested, to apply to the Supreme Court supreme court of this State state for a rule upon the said attorney or solicitor, to show cause, at a time to be fixed by the said court, why the name of the said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served upon said attorney or solicitor at least 2 two days previous to the day upon which said rule shall be made returnable; and if, upon the return of said rule, it shall be made to appear to the said court that such attorney or solicitor has improperly refused or neglected to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of the said court to direct that the name of the said attorney or solicitor be stricken from the roll of attorneys in said court.

(b) An attorney who receives a request for an accounting under paragraph (1) of subsection (a) shall provide the client, within 30 days from receipt of the demand, a full and accurate accounting of any and all money or property belonging to the client in the possession of the attorney.

(c) Unless otherwise provided by law, an attorney who receives a request for delivery under paragraph (2) of subsection (a) shall deliver any and all money or property belonging to the client in the possession of the attorney within 30 days.

(d) An attorney who knowingly violates subsection (b) or (c) for the express purpose of misappropriating money or property belonging to the client shall forfeit any and all rights and claims that the attorney may have otherwise held in such money or property or any portion thereof.

(e) The client may elect to enforce violations of subsection (b) or (c) from the same court proceeding in which the money or property at issue was derived, if any, or through a separate action. A client desiring to enforce subsection (b) or (c) from the same court proceeding in which the money or property at issue was derived shall petition the court to retain jurisdiction for the purpose of enforcing the client's rights under this Section. Notice of the petition shall be served by certified or registered mail on the attorney accused of violating subsection (b) or (c). The court shall conduct a hearing on the petition no later than 15 days after notice is served. If the court determines that the money or property at issue was derived from the court proceeding, it shall grant the petition and retain jurisdiction over the matter until completed.

(f) Upon a showing of cause as required by Article XI of the Code of Civil Procedure for the issuance of injunctive relief, the court may issue such temporary restraining orders, preliminary injunctions, and permanent injunctions as may be appropriate.

(g) The court may award to the prevailing party reasonable attorney's fees, costs, and expenses relating to an action under this Section.

(h) The provisions of this Section are in addition to other remedies permitted by law.

(Source: R.S. 1874, p. 169.)