(705 ILCS 205/1)
(from Ch. 13, par. 1)
No person shall be permitted to practice as an attorney or
counselor at law within this State without having previously obtained a
license for that purpose from the Supreme Court of this State.
No person shall receive any compensation directly or indirectly for any
legal services other than a regularly licensed attorney, nor may an unlicensed person advertise or hold himself or herself out to provide legal services.
A license, as provided for herein, constitutes the person receiving the
same an attorney and counselor at law, according to the law and customs
thereof, for and during his good behavior in the practice and authorizes
him to demand and receive fees for any services which he may render as an
attorney and counselor at law in this State. No person shall be granted
a license or renewal authorized by this Act who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance Commission;
however, a license or renewal may be issued to the aforementioned persons
who have established a satisfactory repayment record as determined by the
Illinois Student Assistance Commission.
No person shall be granted a license or renewal authorized by this Act who is
more than 30 days delinquent in complying with a child support order; a license
or renewal may be issued, however, if the person has
established a satisfactory repayment record as determined (i) by the Department of Healthcare and Family Services (formerly Illinois
Department of Public Aid) for cases being enforced under Article X of the
Illinois Public Aid Code or (ii) in all other cases by order of court or by
written agreement between the custodial parent and non-custodial parent.
No person shall be refused a license under this Act on account of sex.
Any person practicing, charging or receiving fees for legal services
or advertising or holding himself or herself out to provide legal services within this State, either directly or indirectly, without being licensed to
practice as herein required, is guilty of contempt of court and shall be
punished accordingly, upon complaint being filed in any Circuit Court of
this State. The remedies available include, but are not limited to: (i) appropriate equitable relief; (ii) a civil penalty not to exceed $5,000, which shall be paid to the Illinois Equal Justice Foundation; and (iii) actual damages. Such proceedings shall be conducted in the Courts of the
respective counties where the alleged contempt has been committed in the
same manner as in cases of indirect contempt and with the right of review
by the parties thereto.
The provisions of this Act shall be in addition to other remedies
permitted by law and shall not be construed to deprive courts of this State
of their inherent right to punish for contempt or to restrain the
unauthorized practice of law.
Nothing in this Act shall be construed to conflict with, amend, or modify Section 5 of the Corporation Practice of Law Prohibition Act or prohibit representation of a
party by a person who is not an attorney in a proceeding before either panel
of the Illinois Labor Relations Board under the Illinois Public Labor Relations Act, as now or
hereafter amended, the Illinois Educational Labor Relations Board under the
Illinois Educational Labor Relations Act, as now or hereafter amended, the
State Civil Service Commission, the local Civil Service Commissions, or the
University Civil Service Merit Board, to the extent allowed pursuant to
rules and regulations promulgated by those Boards and Commissions or the giving of information, training, or advocacy or assistance in any meetings or administrative proceedings held pursuant to the federal Individuals with Disabilities Education Act, the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, or the federal Social Security Act, to the extent allowed by those laws or the federal regulations or State statutes implementing those laws.
(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07; 95-410, eff. 8-24-07.)