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91_HB3621sam001
LRB9112490DJcdam
1 AMENDMENT TO HOUSE BILL 3621
2 AMENDMENT NO. . Amend House Bill 3621 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Attorneys Lien Act is amended by
5 changing Section 1 and adding Section 2 as follows:
6 (770 ILCS 5/1) (from Ch. 13, par. 14)
7 Sec. 1. Except as provided in Section 2, attorneys at
8 law shall have a lien upon all claims, demands and causes of
9 action, including all claims for unliquidated damages, which
10 may be placed in their hands by their clients for suit or
11 collection, or upon which suit or action has been instituted,
12 for the amount of any fee which may have been agreed upon by
13 and between such attorneys and their clients, or, in the
14 absence of such agreement, for a reasonable fee, for the
15 services of such suits, claims, demands or causes of action,
16 plus costs and expenses. To enforce such lien, such
17 attorneys shall serve notice in writing, which service may be
18 made by registered or certified mail, upon the party against
19 whom their clients may have such suits, claims or causes of
20 action, claiming such lien and stating therein the interest
21 they have in such suits, claims, demands or causes of action.
22 Such lien shall attach to any verdict, judgment or order
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1 entered and to any money or property which may be recovered,
2 on account of such suits, claims, demands or causes of
3 action, from and after the time of service of the notice. On
4 petition filed by such attorneys or their clients any court
5 of competent jurisdiction shall, on not less than 5 days'
6 notice to the adverse party, adjudicate the rights of the
7 parties and enforce the lien.
8 (Source: P.A. 86-1156; 87-425.)
9 (770 ILCS 5/2 new)
10 Sec. 2. Tobacco settlement agreement.
11 (a) In this Section, "tobacco settlement agreement" means
12 the Master Settlement Agreement in the case of People of the
13 State of Illinois v. Philip Morris et al. (Circuit Court of
14 Cook County, No. 96-L13146). The term also includes any
15 settlement with or judgment against a tobacco product
16 manufacturer not participating in that Master Settlement
17 Agreement, if the settlement or judgment is in satisfaction
18 of a released claim as that term is defined in the Master
19 Settlement Agreement.
20 (b) This Act does not apply to any claim, demand, cause
21 of action, or action that results in a tobacco settlement
22 agreement. A lien is not created under this Act for the
23 whole or any part of the amount of any fee that may have been
24 agreed upon by and between an attorney and his or her client
25 with respect to such a claim, demand, cause of action, or
26 action, regardless of whether a notice claiming such a lien
27 is served before, on, or after the effective date of this
28 amendatory Act of the 91st General Assembly. A lien does not
29 attach under this Act to any settlement or judgment that is
30 the subject of a tobacco settlement agreement, nor does a
31 lien attach under this Act to any money or property recovered
32 pursuant to such a settlement or judgment, regardless of
33 whether a notice claiming such a lien is served before, on,
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1 or after the effective date of this amendatory Act of the
2 91st General Assembly.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".