Full Text of SB1883 94th General Assembly
SB1883ham001 94TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 5/18/2005
|
|
09400SB1883ham001 |
|
LRB094 10826 LCB 46462 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1883
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1883 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Attorney Act is amended by changing Section | 5 |
| 1 as follows:
| 6 |
| (705 ILCS 205/1) (from Ch. 13, par. 1)
| 7 |
| Sec. 1. No person shall be permitted to practice as an | 8 |
| attorney or
counselor at law within this State without having | 9 |
| previously obtained a
license for that purpose from the Supreme | 10 |
| Court of this State.
| 11 |
| No person shall receive any compensation directly or | 12 |
| indirectly for any
legal services other than a regularly | 13 |
| licensed attorney , nor may an unlicensed person advertise or | 14 |
| hold himself or herself out to provide legal services .
| 15 |
| A license, as provided for herein, constitutes the person | 16 |
| receiving the
same an attorney and counselor at law, according | 17 |
| to the law and customs
thereof, for and during his good | 18 |
| behavior in the practice and authorizes
him to demand and | 19 |
| receive fees for any services which he may render as an
| 20 |
| attorney and counselor at law in this State. No person shall be | 21 |
| granted
a license or renewal authorized by this Act who has | 22 |
| defaulted on an
educational loan guaranteed by the Illinois | 23 |
| Student Assistance Commission;
however, a license or renewal | 24 |
| may be issued to the aforementioned persons
who have |
|
|
|
09400SB1883ham001 |
- 2 - |
LRB094 10826 LCB 46462 a |
|
| 1 |
| established a satisfactory repayment record as determined by | 2 |
| the
Illinois Student Assistance Commission.
No person shall be | 3 |
| granted a license or renewal authorized by this Act who is
more | 4 |
| than 30 days delinquent in complying with a child support | 5 |
| order; a license
or renewal may be issued, however, if the | 6 |
| person has
established a satisfactory repayment record as | 7 |
| determined (i) by the Illinois
Department of Public Aid for | 8 |
| cases being enforced under Article X of the
Illinois Public Aid | 9 |
| Code or (ii) in all other cases by order of court or by
written | 10 |
| agreement between the custodial parent and non-custodial | 11 |
| parent.
No person shall be refused a license under this Act on | 12 |
| account of sex.
| 13 |
| Any person practicing, charging or receiving fees for legal | 14 |
| services
or advertising or holding himself or herself out to | 15 |
| provide legal services within this State, either directly or | 16 |
| indirectly, without being licensed to
practice as herein | 17 |
| required, is guilty of contempt of court and shall be
punished | 18 |
| accordingly, upon complaint being filed in any Circuit Court of
| 19 |
| this State. Such proceedings shall be conducted in the Courts | 20 |
| of the
respective counties where the alleged contempt has been | 21 |
| committed in the
same manner as in cases of indirect contempt | 22 |
| and with the right of review
by the parties thereto.
| 23 |
| The provisions of this Act shall be in addition to other | 24 |
| remedies
permitted by law and shall not be construed to deprive | 25 |
| courts of this State
of their inherent right to punish for | 26 |
| contempt or to restrain the
unauthorized practice of law.
| 27 |
| Nothing in this Act shall be construed to conflict with, | 28 |
| amend, or modify Section 5 of the Corporation Practice of Law | 29 |
| Prohibition Act or prohibit representation of a
party by a | 30 |
| person who is not an attorney in a proceeding before either | 31 |
| panel
of the Illinois Labor Relations Board under the Illinois | 32 |
| Public Labor Relations Act, as now or
hereafter amended, the | 33 |
| Illinois Educational Labor Relations Board under the
Illinois | 34 |
| Educational Labor Relations Act, as now or hereafter amended, |
|
|
|
09400SB1883ham001 |
- 3 - |
LRB094 10826 LCB 46462 a |
|
| 1 |
| the
State Civil Service Commission, the local Civil Service | 2 |
| Commissions, or the
University Civil Service Merit Board, to | 3 |
| the extent allowed pursuant to
rules and regulations | 4 |
| promulgated by those Boards and Commissions or the giving of | 5 |
| information, training, or advocacy or assistance in any | 6 |
| meetings or administrative proceedings held pursuant to the | 7 |
| federal Individuals with Disabilities Education Act, the | 8 |
| federal Rehabilitation Act of 1973, the federal Americans with | 9 |
| Disabilities Act of 1990, or the federal Social Security Act, | 10 |
| to the extent allowed by those laws or the federal regulations | 11 |
| or State statutes implementing those laws .
| 12 |
| (Source: P.A. 91-798, eff. 7-9-00.)".
| 13 |
| Section 10. The Corporation Practice of Law Prohibition Act | 14 |
| is amended by changing Sections 1, 2, 3, 4, and 5 as follows:
| 15 |
| (705 ILCS 220/1) (from Ch. 32, par. 411)
| 16 |
| Sec. 1. It shall be unlawful for a corporation or any other | 17 |
| entity to
practice law or appear as an attorney at law for any | 18 |
| reason in any court in
this state or before any judicial body, | 19 |
| or to make it a business to
practice as an attorney at law for | 20 |
| any person in any said courts or to hold
itself out to the | 21 |
| public as being entitled to practice law or to render or
| 22 |
| furnish legal services or advice or to furnish attorneys or | 23 |
| counsel or to
render legal services of any kind in actions or | 24 |
| proceedings of any nature
or in any other way or manner to | 25 |
| assume to be entitled to practice law, or
to assume, use and | 26 |
| advertise the title of lawyers or attorney, attorney at
law, or | 27 |
| equivalent terms in any language in such manner as to convey | 28 |
| the
impression that it is entitled to practice law, or to | 29 |
| furnish legal advice,
furnish attorneys or counsel, or to | 30 |
| advertise that either alone or together
with, or by or through, | 31 |
| any person, whether a duly and regularly admitted
attorney at | 32 |
| law or not, it has, owns, conducts or maintains a law office or
|
|
|
|
09400SB1883ham001 |
- 4 - |
LRB094 10826 LCB 46462 a |
|
| 1 |
| an office for the practice of law or for furnishing legal | 2 |
| advice, services
or counsel.
| 3 |
| (Source: Laws 1917, p. 309.)
| 4 |
| (705 ILCS 220/2) (from Ch. 32, par. 412)
| 5 |
| Sec. 2. It shall be unlawful for any corporation or entity | 6 |
| to solicit by itself or by
or through its officer, agent or | 7 |
| employee, any claim or demand for the
purpose of bringing an | 8 |
| action at law thereon, or for furnishing legal
advice, services | 9 |
| or counsel, to a person sued or about to be sued in any
action | 10 |
| or proceeding, or against whom an action or proceeding has been | 11 |
| or
is about to be brought or who may be affected by any action | 12 |
| or proceeding
which has been or may be instituted in any court | 13 |
| or before any judicial
body or for the purpose of so | 14 |
| representing any person as attorney or
counsel in securing or | 15 |
| attempting to secure any civil remedy.
| 16 |
| (Source: Laws 1917, p. 309.)
| 17 |
| (705 ILCS 220/3) (from Ch. 32, par. 413)
| 18 |
| Sec. 3.
| 19 |
| Any corporation or entity violating the provisions of this | 20 |
| Act shall be guilty of
a petty offense, and shall be fined not | 21 |
| to exceed $500, and every officer,
trustee, director, agent or | 22 |
| employee of such corporation or entity who directly or
| 23 |
| indirectly engages in any of the acts herein prohibited or | 24 |
| assists such
corporation or entity to do any such prohibited | 25 |
| act or acts is guilty of a petty
offense.
| 26 |
| (Source: P.A. 77-2380.)
| 27 |
| (705 ILCS 220/4) (from Ch. 32, par. 414)
| 28 |
| Sec. 4. The fact that any such officer, trustee, agent or | 29 |
| employee shall be
a duly and regularly admitted attorney at law | 30 |
| shall not be held to permit
or allow any such corporation or | 31 |
| entity to do the acts prohibited herein, nor shall
such fact |
|
|
|
09400SB1883ham001 |
- 5 - |
LRB094 10826 LCB 46462 a |
|
| 1 |
| constitute a defense upon the trial of any of the persons
| 2 |
| mentioned herein for a violation of the provisions of this act.
| 3 |
| (Source: Laws 1917, p. 309.)
| 4 |
| (705 ILCS 220/5) (from Ch. 32, par. 415)
| 5 |
| Sec. 5. Nothing contained in this act shall prohibit a | 6 |
| corporation or entity from
employing an attorney or attorneys | 7 |
| in and about its own immediate affairs
or in any litigation to | 8 |
| which it is or may be a party, or in any litigation
in which any | 9 |
| corporation or entity may be interested by reason of the | 10 |
| issuance of any
policy or undertaking of insurance, guarantee | 11 |
| or indemnity, nor shall it
apply to associations organized for | 12 |
| benevolent or charitable purposes or
for assisting persons | 13 |
| without means in the pursuit of any civil remedy or
the | 14 |
| presentation of a defense in courts of law, nor shall it apply | 15 |
| to duly
organized corporations or entities lawfully engaged in | 16 |
| the mercantile or collection
business or to corporations or | 17 |
| entities organized not for pecuniary profit.
| 18 |
| Nothing herein contained shall be construed to prevent a | 19 |
| corporation
or entity from furnishing to any person, lawfully | 20 |
| engaged in the practice of the law,
such information or such | 21 |
| clerical services in and about his professional
work as, except | 22 |
| for the provisions of this act, may be lawful, provided,
that | 23 |
| at all times the lawyer receiving such information or such | 24 |
| services
shall maintain full professional and direct | 25 |
| responsibility to his clients
for the information and services | 26 |
| so received. But no corporation or entity shall be
permitted to | 27 |
| render any services which cannot lawfully be rendered by a
| 28 |
| person not admitted to practice law in this state nor to | 29 |
| solicit directly
or indirectly professional employment for a | 30 |
| lawyer.
| 31 |
| Nothing contained in this Act shall be construed to | 32 |
| prohibit a corporation
or entity from prosecuting as plaintiff | 33 |
| or defending as defendant any small claims
proceeding in any |
|
|
|
09400SB1883ham001 |
- 6 - |
LRB094 10826 LCB 46462 a |
|
| 1 |
| court of this State through any officer, director, manager,
| 2 |
| department manager or supervisor of the corporation or entity | 3 |
| as authorized by Section
2-416 of the Code of Civil Procedure.
| 4 |
| (Source: P.A. 83-909.)".
|
|