94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1883


 
Introduced 2/25/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














705 ILCS 205/1
  from Ch. 13, par. 1







    Amends the Attorney Act.  Provides that no entity shall receive any compensation directly or indirectly for any legal services other than a regular licensed attorney.  Provides that an unlicensed person or entity may not advertise or hold himself, herself, or itself out to provide legal services or own, conduct, or maintain a facility to provide legal services. Provides that a person or entity advertising or holding himself, herself, or itself out to provide legal services is guilty of contempt of court.
















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A BILL FOR









 











SB1883

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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 
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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 
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attorney or
counselor at law within this State without having 
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previously obtained a
license for that purpose from the Supreme 
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Court of this State.

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    No person or entity shall receive any compensation directly 
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or indirectly for any
legal services other than a regularly 
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licensed attorney, nor may an unlicensed person or entity 
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advertise or hold himself, herself, or itself out to provide 
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legal services or own, conduct, or maintain a facility to 
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provide legal services.

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    A license, as provided for herein, constitutes the person 
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receiving the
same an attorney and counselor at law, according 
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to the law and customs
thereof, for and during his good 
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behavior in the practice and authorizes
him to demand and 
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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 
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granted
a license or renewal authorized by this Act who has 
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defaulted on an
educational loan guaranteed by the Illinois 
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Student Assistance Commission;
however, a license or renewal 
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may be issued to the aforementioned persons
who have 
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established a satisfactory repayment record as determined by 
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the
Illinois Student Assistance Commission.
No person shall be 
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granted a license or renewal authorized by this Act who is
more 
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than 30 days delinquent in complying with a child support 
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order; a license
or renewal may be issued, however, if the 
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person has
established a satisfactory repayment record as 
 


 






SB1883
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determined (i) by the Illinois
Department of Public Aid for 
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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 
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agreement between the custodial parent and non-custodial 
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parent.
No person shall be refused a license under this Act on 
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account of sex.

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    Any person or entity practicing, charging or receiving fees 
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for legal services
or advertising or holding himself, herself, 
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or itself out to provide legal services  within this State, 
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either directly or indirectly, without being licensed to

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practice as herein required, is guilty of contempt of court and 
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shall be
punished accordingly, upon complaint being filed in 
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any Circuit Court of
this State.  Such proceedings shall be 
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conducted in the Courts of the
respective counties where the 
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alleged contempt has been committed in the
same manner as in 
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cases of indirect contempt and with the right of review
by the 
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parties thereto.

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    The provisions of this Act shall be in addition to other 
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remedies
permitted by law and shall not be construed to deprive 
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courts of this State
of their inherent right to punish for 
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contempt or to restrain the
unauthorized practice of law.

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    Nothing in this Act shall be construed to prohibit 
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representation of a
party by a person who is not an attorney in 
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a proceeding before either panel
of the Illinois Labor 
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Relations Board under the Illinois Public Labor Relations Act, 
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as now or
hereafter amended, the Illinois Educational Labor 
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Relations Board under the
Illinois Educational Labor Relations 
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Act, as now or hereafter amended, the
State Civil Service 
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Commission, the local Civil Service Commissions, or the

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University Civil Service Merit Board, to the extent allowed 
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pursuant to
rules and regulations promulgated by those Boards 
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and Commissions.

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(Source: P.A. 91-798, eff. 7-9-00.)