103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1921
 
Introduced 2/1/2023, by Rep. Tony M. McCombie
 
SYNOPSIS AS INTRODUCED:
 


770 ILCS 5/1  from Ch. 13, par. 14

    Amends the Attorneys Lien Act.  Makes a technical change in a Section
concerning the creation of liens.



LRB103 28216 LNS 54595 b

 
 
A BILL FOR
 


HB1921LRB103 28216 LNS 54595 b



1    AN ACT concerning civil law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Attorneys Lien Act is amended by changing 
5Section 1 as follows:
 



6    (770 ILCS 5/1)  (from Ch. 13, par. 14)



7    Sec. 1. 
Attorneys at law shall have a lien upon all claims, 
8demands and
and
causes of action, including all claims for 
9unliquidated damages, which may
be placed in their hands by 
10their clients for suit or collection, or upon
which suit or 
11action has been instituted, for the amount of any fee which
may 
12have been agreed upon by and between such attorneys and their 
13clients,
or, in the absence of such agreement, for a 
14reasonable fee, for the
services of such suits, claims, 
15demands or causes of action, plus costs
and expenses.
In the 
16case of a claim, demand, or cause of action with respect to 
17which
the total amount of all liens under the Health Care

18Services Lien Act meets or exceeds 40% of the sum paid or due 
19the injured
person, the total amount of all liens under this 
20Act shall not exceed 30% of
the
sum
paid or due the injured 
21person.
All
attorneys shall share proportionate amounts within 
22this statutory limitation.
If an appeal is taken by any party 
23to a suit based on the claim or cause of
action, however,
the 
 
 
HB1921- 2 -LRB103 28216 LNS 54595 b

1attorney's lien shall not
be affected or limited by the 
2provisions of this Act.
3    To enforce such lien, such attorneys shall serve notice in

4writing, which service may be made by registered or certified 
5mail, upon
the party against whom their clients may have such 
6suits, claims or causes
of action, claiming such lien and 
7stating therein the interest they have in
such suits, claims, 
8demands or causes of action.  Such lien shall attach to
any 
9verdict, judgment or order entered and to any money or 
10property which
may be recovered, on account of such suits, 
11claims, demands or causes of
action, from and after the time of 
12service of the notice.  On petition
filed by such attorneys or 
13their clients any court of competent
jurisdiction shall, on 
14not less than 5 days' notice to the
adverse party, adjudicate 
15the rights of the parties and enforce
the lien.

16(Source: P.A. 93-51, eff. 7-1-03.)