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Public Act 094-0659
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| SB1883 Enrolled |
LRB094 10826 LCB 41321 b |
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AN ACT concerning attorneys.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Attorney Act is amended by changing Section |
1 as follows:
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(705 ILCS 205/1) (from Ch. 13, par. 1)
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Sec. 1. No person shall be permitted to practice as an |
attorney or
counselor at law within this State without having |
previously obtained a
license for that purpose from the Supreme |
Court of this State.
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No person shall receive any compensation directly or |
indirectly for any
legal services other than a regularly |
licensed attorney, nor may an unlicensed person advertise or |
hold himself or herself out to provide legal services.
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A license, as provided for herein, constitutes the person |
receiving the
same an attorney and counselor at law, according |
to the law and customs
thereof, for and during his good |
behavior in the practice and authorizes
him to demand and |
receive fees for any services which he may render as an
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attorney and counselor at law in this State. No person shall be |
granted
a license or renewal authorized by this Act who has |
defaulted on an
educational loan guaranteed by the Illinois |
Student Assistance Commission;
however, a license or renewal |
may be issued to the aforementioned persons
who have |
established a satisfactory repayment record as determined by |
the
Illinois Student Assistance Commission.
No person shall be |
granted a license or renewal authorized by this Act who is
more |
than 30 days delinquent in complying with a child support |
order; a license
or renewal may be issued, however, if the |
person has
established a satisfactory repayment record as |
determined (i) by the Illinois
Department of Public Aid for |
cases being enforced under Article X of the
Illinois Public Aid |
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Code or (ii) in all other cases by order of court or by
written |
agreement between the custodial parent and non-custodial |
parent.
No person shall be refused a license under this Act on |
account of sex.
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Any person practicing, charging or receiving fees for legal |
services
or advertising or holding himself or herself out to |
provide legal services within this State, either directly or |
indirectly, without being licensed to
practice as herein |
required, is guilty of contempt of court and shall be
punished |
accordingly, upon complaint being filed in any Circuit Court of
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this State. Such proceedings shall be conducted in the Courts |
of the
respective counties where the alleged contempt has been |
committed in the
same manner as in cases of indirect contempt |
and with the right of review
by the parties thereto.
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The provisions of this Act shall be in addition to other |
remedies
permitted by law and shall not be construed to deprive |
courts of this State
of their inherent right to punish for |
contempt or to restrain the
unauthorized practice of law.
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Nothing in this Act shall be construed to conflict with, |
amend, or modify Section 5 of the Corporation Practice of Law |
Prohibition Act or prohibit representation of a
party by a |
person who is not an attorney in a proceeding before either |
panel
of the Illinois Labor Relations Board under the Illinois |
Public Labor Relations Act, as now or
hereafter amended, the |
Illinois Educational Labor Relations Board under the
Illinois |
Educational Labor Relations Act, as now or hereafter amended, |
the
State Civil Service Commission, the local Civil Service |
Commissions, or the
University Civil Service Merit Board, to |
the extent allowed pursuant to
rules and regulations |
promulgated by those Boards and Commissions or the giving of |
information, training, or advocacy or assistance in any |
meetings or administrative proceedings held pursuant to the |
federal Individuals with Disabilities Education Act, the |
federal Rehabilitation Act of 1973, the federal Americans with |
Disabilities Act of 1990, or the federal Social Security Act, |
to the extent allowed by those laws or the federal regulations |