Full Text of SB1091 96th General Assembly
SB1091 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1091
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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770 ILCS 5/1 |
from Ch. 13, par. 14 |
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Amends the Attorneys Lien Act. Makes a technical change in a Section
concerning the creation of liens.
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A BILL FOR
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SB1091 |
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LRB096 07168 AJO 17254 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | | 3 |
| represented in the General Assembly:
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| Section 5. The Attorneys Lien Act is amended by changing | | 5 |
| Section 1 as follows:
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| (770 ILCS 5/1) (from Ch. 13, par. 14)
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| Sec. 1.
Attorneys at law shall have a lien upon all claims, | | 8 |
| demands and
and
causes of action, including all claims for | | 9 |
| unliquidated damages, which may
be placed in their hands by | | 10 |
| their clients for suit or collection, or upon
which suit or | | 11 |
| action has been instituted, for the amount of any fee which
may | | 12 |
| have been agreed upon by and between such attorneys and their | | 13 |
| clients,
or, in the absence of such agreement, for a reasonable | | 14 |
| fee, for the
services of such suits, claims, demands or causes | | 15 |
| of action, plus costs
and expenses.
In the case of a claim, | | 16 |
| demand, or cause of action with respect to which
the total | | 17 |
| amount of all liens under the Health Care
Services Lien Act | | 18 |
| meets or exceeds 40% of the sum paid or due the injured
person, | | 19 |
| the total amount of all liens under this Act shall not exceed | | 20 |
| 30% of
the
sum
paid or due the injured person.
All
attorneys | | 21 |
| shall share proportionate amounts within this statutory | | 22 |
| limitation.
If an appeal is taken by any party to a suit based | | 23 |
| on the claim or cause of
action, however,
the attorney's lien |
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SB1091 |
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LRB096 07168 AJO 17254 b |
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| shall not
be affected or limited by the provisions of this Act. | | 2 |
| To enforce such lien, such attorneys shall serve notice in
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| writing, which service may be made by registered or certified | | 4 |
| mail, upon
the party against whom their clients may have such | | 5 |
| suits, claims or causes
of action, claiming such lien and | | 6 |
| stating therein the interest they have in
such suits, claims, | | 7 |
| demands or causes of action. Such lien shall attach to
any | | 8 |
| verdict, judgment or order entered and to any money or property | | 9 |
| which
may be recovered, on account of such suits, claims, | | 10 |
| demands or causes of
action, from and after the time of service | | 11 |
| of the notice. On petition
filed by such attorneys or their | | 12 |
| clients any court of competent
jurisdiction shall, on not less | | 13 |
| than 5 days' notice to the
adverse party, adjudicate the rights | | 14 |
| of the parties and enforce
the lien.
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| (Source: P.A. 93-51, eff. 7-1-03.)
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