Sen. John J. Cullerton
Filed: 6/1/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 830




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    AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, 
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with reference to page and line numbers of Senate Amendment No. 
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7, on page 1, line 7 by changing "Section 8-2001" to "Sections 
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8-2001 and 8-2005"; and

 

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on page 5, by inserting after line 26 the following:
 



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    "(735 ILCS 5/8-2005)


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    Sec. 8-2005. Attorney's records. This Section applies only 
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if a client and his or her authorized
attorney have complied 
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with all applicable legal requirements regarding
examination 
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and copying of client files, including but not limited to

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satisfaction of expenses and attorney retaining liens.

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    Upon the request of a client, an
attorney shall permit the 
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client's authorized attorney to examine and copy the
records 
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kept by the attorney in connection with the representation of 
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the
client, with the exception of attorney work product. The 
 


 






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request for
examination and copying of the records shall be in

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writing and shall be delivered to the attorney.  Within a 
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reasonable time after
the attorney receives the written 
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request, the attorney shall comply with the
written request at 
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his or her office or any other place designated by him or
her.  
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At the time of copying, the person requesting the records shall

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reimburse the attorney for all reasonable expenses, including 
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the costs of
independent copy service companies, incurred by 
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the attorney in connection
with the copying not to exceed a
$20 
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handling charge for processing the request,
and
the actual 
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postage or shipping charges, if any, plus (1) for paper copies 
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75 cents per page for the first through 25th pages, 50 cents 
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per page for the
26th through 50th pages, and 25 cents per page 
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for all pages in excess of 50
(except that the charge shall not 
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exceed $1.25 per page for any copies
made from microfiche or 
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microfilm; records retrieved from scanning, digital imaging, 
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electronic information or other digital format do not qualify 
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as microfiche or microfilm retrieval for purposes of 
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calculating charges); and (2) for electronic records, 
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retrieved from a scanning, digital imaging, electronic 
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information or other digital format in a electronic document, a 
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charge of 50% of the per page charge for paper copies under 
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subdivision (d)(1). This per page charge includes the cost of

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75 cents for each CD Rom, DVD, or other storage media. Records 
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already maintained in an electronic or digital format shall be 
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provided in an electronic format when so requested. If the 
 


 






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records system does not allow for the creation or transmission 
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of an electronic or digital record, then the attorney shall 
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inform the requester in writing of the reason the records can 
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not be provided electronically. The written explanation may be 
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included with the production of paper copies, if the requester 
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chooses to order paper copies.
These rates shall be 
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automatically
adjusted as set forth in Section 8-2006.
The 
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attorney may, however, charge for the reasonable cost of all 
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duplication of
record material or information that cannot 
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routinely be copied or
duplicated on a standard commercial 
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photocopy machine such as pictures.

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    An attorney shall satisfy the requirements of this Section 
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within 60
days after he or she receives a request from a client 
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or his or her authorized
attorney.  An attorney who fails to 
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comply with the time limit requirement of
this Section shall be 
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required to pay expenses and reasonable attorney's fees

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incurred in connection with any court-ordered enforcement of 
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the
requirements of this Section.

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(Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)".