State of Illinois
92nd General Assembly
Legislation

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92_SB1901

 
                                               LRB9215995RCpk

 1        AN ACT concerning attorneys.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Attorney  Act  is  amended  by  changing
 5    Section 1 as follows:

 6        (705 ILCS 205/1) (from Ch. 13, par. 1)
 7        Sec.  1.   No  person  or  entity  shall  be permitted to
 8    practice as an attorney or counselor at law within this State
 9    without having previously obtained a license for that purpose
10    from the Supreme Court of this State.
11        No  person  or  entity  shall  receive  any  compensation
12    directly or indirectly for any legal services  other  than  a
13    regularly  licensed attorney, nor may an unlicensed person or
14    entity advertise or hold itself out  to  practice  law,  give
15    legal  advice,  or  own,  conduct,  or maintain a facility to
16    practice law or give legal advice.
17        A license, as provided for herein, constitutes the person
18    receiving  the  same  an  attorney  and  counselor  at   law,
19    according  to the law and customs thereof, for and during his
20    good behavior in the practice and authorizes  him  to  demand
21    and  receive  fees for any services which he may render as an
22    attorney and counselor at law in this State.  No person shall
23    be granted a license or renewal authorized by  this  Act  who
24    has  defaulted  on  an  educational  loan  guaranteed  by the
25    Illinois Student Assistance Commission; however, a license or
26    renewal may be issued to the aforementioned persons who  have
27    established  a satisfactory repayment record as determined by
28    the Illinois Student Assistance Commission.  No person  shall
29    be granted a license or renewal authorized by this Act who is
30    more  than  30  days  delinquent  in  complying  with a child
31    support order; a license or renewal may be  issued,  however,
 
                            -2-                LRB9215995RCpk
 1    if the person has established a satisfactory repayment record
 2    as  determined  (i)  by the Illinois Department of Public Aid
 3    for cases being enforced under  Article  X  of  the  Illinois
 4    Public  Aid Code or (ii) in all other cases by order of court
 5    or by written agreement  between  the  custodial  parent  and
 6    non-custodial  parent.  No  person shall be refused a license
 7    under this Act on account of sex.
 8        Any person or entity  found  by  the  court  to  provide,
 9    charge,  or  receive  economic  benefit  for  legal  services
10    practicing,  charging  or  receiving  fees for legal services
11    within this State, either  directly  or  indirectly,  without
12    being  licensed  to practice as herein required, is guilty of
13    contempt of court and shall  be  punished  accordingly,  upon
14    complaint  being  filed  in  any Circuit Court of this State.
15    Such proceedings shall be conducted  in  the  Courts  of  the
16    respective  counties  where  the  alleged  contempt  has been
17    committed in the same manner as in cases of indirect contempt
18    and with the right of review by the parties thereto.
19        Any person or entity  who  suffers  actual  damage  as  a
20    result  of a violation of this Section committed by any other
21    person or entity, or any Bar Association, acting on behalf of
22    its members, may bring  an  action  against  that  person  or
23    entity.  The remedies available for the unauthorized practice
24    of law include, but  are  not  limited  to:  (i)  appropriate
25    equitable  relief; (ii) a civil penalty not to exceed $5,000;
26    (iii) actual damages; (iv)  reasonable  attorney's  fees  and
27    costs;  (v)  punitive  damages  if  the  conduct was willful,
28    intentional, or done with reckless disregard to the rights of
29    others; and (vi) other relief deemed necessary to remedy  the
30    wrongdoing.
31        An  action  under  this  Section  may be commenced in the
32    county in which the person  or  entity  against  whom  it  is
33    brought  resides,  has  a  principal place of business, or is
34    doing business, or in the county where the transaction or any
 
                            -3-                LRB9215995RCpk
 1    substantial portion of the transaction occurred.
 2        The provisions of this Act shall be in addition to  other
 3    remedies  permitted  by  law  and  shall  not be construed to
 4    deprive courts of this  State  of  their  inherent  right  to
 5    punish  for contempt or to restrain the unauthorized practice
 6    of law.
 7        Nothing in  this  Act  shall  be  construed  to  prohibit
 8    representation  of a party by a person who is not an attorney
 9    in a proceeding before either panel  of  the  Illinois  Labor
10    Relations  Board  under  the  Illinois Public Labor Relations
11    Act, as now or hereafter amended,  the  Illinois  Educational
12    Labor  Relations  Board  under the Illinois Educational Labor
13    Relations Act, as now or hereafter amended, the  State  Civil
14    Service  Commission,  the local Civil Service Commissions, or
15    the University Civil  Service  Merit  Board,  to  the  extent
16    allowed  pursuant  to  rules  and  regulations promulgated by
17    those Boards and Commissions.
18    (Source: P.A. 91-798, eff. 7-9-00.)

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