Full Text of HB0830 95th General Assembly
HB0830sam008 95TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 6/1/2007
|
|
09500HB0830sam008 |
|
LRB095 05101 WGH 37497 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 830
| 2 |
| AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 7, on page 1, line 7 by changing "Section 8-2001" to "Sections | 5 |
| 8-2001 and 8-2005"; and
| 6 |
| on page 5, by inserting after line 26 the following:
| 7 |
| "(735 ILCS 5/8-2005)
| 8 |
| Sec. 8-2005. Attorney's records. This Section applies only | 9 |
| if a client and his or her authorized
attorney have complied | 10 |
| with all applicable legal requirements regarding
examination | 11 |
| and copying of client files, including but not limited to
| 12 |
| satisfaction of expenses and attorney retaining liens.
| 13 |
| Upon the request of a client, an
attorney shall permit the | 14 |
| client's authorized attorney to examine and copy the
records | 15 |
| kept by the attorney in connection with the representation of | 16 |
| the
client, with the exception of attorney work product. The |
|
|
|
09500HB0830sam008 |
- 2 - |
LRB095 05101 WGH 37497 a |
|
| 1 |
| request for
examination and copying of the records shall be in
| 2 |
| writing and shall be delivered to the attorney. Within a | 3 |
| reasonable time after
the attorney receives the written | 4 |
| request, the attorney shall comply with the
written request at | 5 |
| his or her office or any other place designated by him or
her. | 6 |
| At the time of copying, the person requesting the records shall
| 7 |
| reimburse the attorney for all reasonable expenses, including | 8 |
| the costs of
independent copy service companies, incurred by | 9 |
| the attorney in connection
with the copying not to exceed a
$20 | 10 |
| handling charge for processing the request,
and
the actual | 11 |
| postage or shipping charges, if any, plus (1) for paper copies | 12 |
| 75 cents per page for the first through 25th pages, 50 cents | 13 |
| per page for the
26th through 50th pages, and 25 cents per page | 14 |
| for all pages in excess of 50
(except that the charge shall not | 15 |
| exceed $1.25 per page for any copies
made from microfiche or | 16 |
| microfilm; records retrieved from scanning, digital imaging, | 17 |
| electronic information or other digital format do not qualify | 18 |
| as microfiche or microfilm retrieval for purposes of | 19 |
| calculating charges); and (2) for electronic records, | 20 |
| retrieved from a scanning, digital imaging, electronic | 21 |
| information or other digital format in a electronic document, a | 22 |
| charge of 50% of the per page charge for paper copies under | 23 |
| subdivision (d)(1). This per page charge includes the cost of
| 24 |
| 75 cents for each CD Rom, DVD, or other storage media. Records | 25 |
| already maintained in an electronic or digital format shall be | 26 |
| provided in an electronic format when so requested. If the |
|
|
|
09500HB0830sam008 |
- 3 - |
LRB095 05101 WGH 37497 a |
|
| 1 |
| records system does not allow for the creation or transmission | 2 |
| of an electronic or digital record, then the attorney shall | 3 |
| inform the requester in writing of the reason the records can | 4 |
| not be provided electronically. The written explanation may be | 5 |
| included with the production of paper copies, if the requester | 6 |
| chooses to order paper copies.
These rates shall be | 7 |
| automatically
adjusted as set forth in Section 8-2006.
The | 8 |
| attorney may, however, charge for the reasonable cost of all | 9 |
| duplication of
record material or information that cannot | 10 |
| routinely be copied or
duplicated on a standard commercial | 11 |
| photocopy machine such as pictures.
| 12 |
| An attorney shall satisfy the requirements of this Section | 13 |
| within 60
days after he or she receives a request from a client | 14 |
| or his or her authorized
attorney. An attorney who fails to | 15 |
| comply with the time limit requirement of
this Section shall be | 16 |
| required to pay expenses and reasonable attorney's fees
| 17 |
| incurred in connection with any court-ordered enforcement of | 18 |
| the
requirements of this Section.
| 19 |
| (Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)".
|
|