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90_HB0712ham001
LRB9003283WHcwam
1 AMENDMENT TO HOUSE BILL 712
2 AMENDMENT NO. . Amend House Bill 712 by replacing
3 the title with the following:
4 "AN ACT concerning the practice of law, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Attorney Act is amended by changing
9 Section 1 as follows:
10 (705 ILCS 205/1) (from Ch. 13, par. 1)
11 Sec. 1. No person shall be permitted to practice as an
12 attorney or counselor at law within this State without having
13 previously obtained a license for that purpose from the
14 Supreme Court of this State.
15 No person shall receive any compensation directly or
16 indirectly for any legal services other than a regularly
17 licensed attorney.
18 The Attorney General or a State's Attorney may bring any
19 action, civil or criminal, necessary to prevent or punish a
20 violation of this Act. A first violation of this Act is a
21 Class A misdemeanor. A second or subsequent violation of
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1 this Act is a Class 4 felony.
2 A license, as provided for herein, constitutes the person
3 receiving the same an attorney and counselor at law,
4 according to the law and customs thereof, for and during his
5 good behavior in the practice and authorizes him to demand
6 and receive fees for any services which he may render as an
7 attorney and counselor at law in this State. No person shall
8 be granted a license or renewal authorized by this Act who
9 has defaulted on an educational loan guaranteed by the
10 Illinois Student Assistance Commission; however, a license or
11 renewal may be issued to the aforementioned persons who have
12 established a satisfactory repayment record as determined by
13 the Illinois Student Assistance Commission. No person shall
14 be granted a license or renewal authorized by this Act who is
15 more than 30 days delinquent in complying with a child
16 support order; a license or renewal may be issued, however,
17 if the person has established a satisfactory repayment record
18 as determined (i) by the Illinois Department of Public Aid
19 for cases being enforced under Article X of the Illinois
20 Public Aid Code or (ii) in all other cases by order of court
21 or by written agreement between the custodial parent and
22 non-custodial parent. No person shall be refused a license
23 under this Act on account of sex.
24 Any person practicing, charging or receiving fees for
25 legal services within this State, either directly or
26 indirectly, without being licensed to practice as herein
27 required, is guilty of contempt of court and shall be
28 punished accordingly, upon complaint being filed in any
29 Circuit Court of this State. Such proceedings shall be
30 conducted in the Courts of the respective counties where the
31 alleged contempt has been committed in the same manner as in
32 cases of indirect contempt and with the right of review by
33 the parties thereto.
34 The provisions of this Act shall be in addition to other
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1 remedies permitted by law and shall not be construed to
2 deprive courts of this State of their inherent right to
3 punish for contempt or to restrain the unauthorized practice
4 of law.
5 Nothing in this Act shall be construed to prohibit
6 representation of a party by a person who is not an attorney
7 in a proceeding before the Illinois State Labor Relations
8 Board or the Illinois Local Labor Relations Board under the
9 Illinois Public Labor Relations Act, as now or hereafter
10 amended, the Illinois Educational Labor Relations Board under
11 the Illinois Educational Labor Relations Act, as now or
12 hereafter amended, the State Civil Service Commission, the
13 local Civil Service Commissions, or the University Civil
14 Service Merit Board, to the extent allowed pursuant to rules
15 and regulations promulgated by those Boards and Commissions.
16 (Source: P.A. 89-6, eff. 3-6-95.)
17 Section 10. The Consumer Fraud and Deceptive Business
18 Practices Act is amended by adding Section 2C.5 as follows:
19 (815 ILCS 505/2C.5 new)
20 Sec. 2C.5. Unlawful practice of law.
21 (a) Any person or entity within this State who
22 practices, offers to practice, attempts to practice, or holds
23 himself or herself out to practice law as determined by
24 common law or Supreme Court Rules, as amended from time to
25 time, or who charges or receives fees for legal services,
26 directly or indirectly, without being licensed by the
27 Illinois Supreme Court to practice law is engaged in an
28 unlawful practice within the meaning of this Act.
29 (b) The Attorney General, a State's Attorney, any
30 attorney whose license to practice law in Illinois is in good
31 standing, any association of licensed Illinois attorneys, or
32 any person injured by a violation of this Section may bring
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1 an action against any person who has violated this Section.
2 (c) If the court finds that an unlawful practice under
3 this Section has occurred it may, in its discretion, exercise
4 all powers necessary and award any relief that it deems
5 proper, including but not limited to the following: issue an
6 injunction; order the revocation, forfeiture, or suspension
7 of any license, charter, franchise, certificate, or other
8 evidence of authority of any person to do business in this
9 State; order the appointment of a receiver; order the
10 dissolution of domestic corporations or associations; order
11 the suspension or termination of the right of foreign
12 corporations or associations to do business in this State;
13 order the payment of reasonable attorney's fees and costs of
14 bringing the action to the prevailing party; and order
15 restitution. Proof of a public injury, a pattern, or an
16 effect on the public generally shall not be required in order
17 to grant relief to a prevailing party, and the elements for
18 awarding equitable relief shall be presumed if the court
19 determines that equitable relief is proper.
20 (d) Any person or entity bringing an action under this
21 Section may also request, for and in the name of the People
22 of the State of Illinois, and the Court may impose a civil
23 penalty in an amount not to exceed $50,000 against any person
24 found by the court to have violated this Section. If the
25 court finds that the violation occurred with the intent to
26 defraud, the court may impose an additional civil penalty not
27 to exceed $50,000 per violation. All such penalties shall be
28 paid into the Illinois Equal Justice Fund in the State
29 treasury or, if that fund does not exist, into the General
30 Revenue Fund in the State treasury.".