Full Text of SB0148 95th General Assembly
SB0148 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0148
Introduced 1/31/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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705 ILCS 205/1 |
from Ch. 13, par. 1 |
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Amends the Attorney Act. Provides that a person engaging in the unauthorized practice of law is subject to a court order that includes, but which is not limited to: equitable relief; a civil penalty not to exceed $5,000; actual damages; attorney's fees and costs attributable to the action in which the order was entered; punitive damages if the conduct was wilful, intentional, or done with a reckless disregard for the rights of others; and other relief necessary to remedy the person's wrongdoing (at present, the prohibited conduct is to be "punished accordingly"). Provides that the civil penalties collected shall be paid to the Illinois Equal Justice Foundation.
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A BILL FOR
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SB0148 |
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LRB095 05135 AJO 25206 b |
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| AN ACT concerning courts.
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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 | 5 |
| 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 | 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.
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| 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.
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| 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
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| 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 |
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SB0148 |
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LRB095 05135 AJO 25206 b |
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| may be issued to the aforementioned persons
who have | 2 |
| established a satisfactory repayment record as determined by | 3 |
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Illinois Student Assistance Commission.
No person shall be | 4 |
| granted a license or renewal authorized by this Act who is
more | 5 |
| than 30 days delinquent in complying with a child support | 6 |
| order; a license
or renewal may be issued, however, if the | 7 |
| person has
established a satisfactory repayment record as | 8 |
| determined (i) by the Department of Healthcare and Family | 9 |
| Services (formerly Illinois
Department of Public Aid ) for cases | 10 |
| being enforced under Article X of the
Illinois Public Aid Code | 11 |
| or (ii) in all other cases by order of court or by
written | 12 |
| agreement between the custodial parent and non-custodial | 13 |
| parent.
No person shall be refused a license under this Act on | 14 |
| account of sex.
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| Any person practicing, charging or receiving fees for legal | 16 |
| services
or advertising or holding himself or herself out to | 17 |
| provide legal services within this State, either directly or | 18 |
| indirectly, without being licensed to
practice as herein | 19 |
| required, is guilty of contempt of court and shall be
punished | 20 |
| accordingly, upon complaint being filed in any Circuit Court of
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| this State. The remedies available include, but are not limited | 22 |
| to: (i) appropriate equitable relief; (ii) a civil penalty not | 23 |
| to exceed $5,000; (iii) actual damages; (iv) reasonable | 24 |
| attorney's fees and costs attributable to the prosecution of | 25 |
| the action; (v) punitive damages if the conduct was willful, | 26 |
| intentional, or done with reckless disregard for the rights of |
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SB0148 |
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LRB095 05135 AJO 25206 b |
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| others; and (vi) other relief deemed necessary to remedy the | 2 |
| wrongdoing. Such proceedings shall be conducted in the Courts | 3 |
| of the
respective counties where the alleged contempt has been | 4 |
| committed in the
same manner as in cases of indirect contempt | 5 |
| and with the right of review
by the parties thereto. All civil | 6 |
| penalties shall be paid to the Illinois Equal Justice | 7 |
| Foundation.
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| The provisions of this Act shall be in addition to other | 9 |
| remedies
permitted by law and shall not be construed to deprive | 10 |
| courts of this State
of their inherent right to punish for | 11 |
| contempt or to restrain the
unauthorized practice of law.
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| Nothing in this Act shall be construed to conflict with, | 13 |
| amend, or modify Section 5 of the Corporation Practice of Law | 14 |
| Prohibition Act or prohibit representation of a
party by a | 15 |
| person who is not an attorney in a proceeding before either | 16 |
| panel
of the Illinois Labor Relations Board under the Illinois | 17 |
| Public Labor Relations Act, as now or
hereafter amended, the | 18 |
| Illinois Educational Labor Relations Board under the
Illinois | 19 |
| Educational Labor Relations Act, as now or hereafter amended, | 20 |
| the
State Civil Service Commission, the local Civil Service | 21 |
| Commissions, or the
University Civil Service Merit Board, to | 22 |
| the extent allowed pursuant to
rules and regulations | 23 |
| promulgated by those Boards and Commissions or the giving of | 24 |
| information, training, or advocacy or assistance in any | 25 |
| meetings or administrative proceedings held pursuant to the | 26 |
| federal Individuals with Disabilities Education Act, the |
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| federal Rehabilitation Act of 1973, the federal Americans with | 2 |
| Disabilities Act of 1990, or the federal Social Security Act, | 3 |
| to the extent allowed by those laws or the federal regulations | 4 |
| or State statutes implementing those laws.
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| (Source: P.A. 94-659, eff. 1-1-06; revised 12-15-05.)
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