[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]|
90_HB0712ham001 LRB9003283WHcwam 1 AMENDMENT TO HOUSE BILL 712 2 AMENDMENT NO. . Amend House Bill 712 by replacing 3 the title with the following: 4 "AN ACT concerning the practice of law, amending named 5 Acts."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Attorney Act is amended by changing 9 Section 1 as follows: 10 (705 ILCS 205/1) (from Ch. 13, par. 1) 11 Sec. 1. No person shall be permitted to practice as an 12 attorney or counselor at law within this State without having 13 previously obtained a license for that purpose from the 14 Supreme Court of this State. 15 No person shall receive any compensation directly or 16 indirectly for any legal services other than a regularly 17 licensed attorney. 18 The Attorney General or a State's Attorney may bring any 19 action, civil or criminal, necessary to prevent or punish a 20 violation of this Act. A first violation of this Act is a 21 Class A misdemeanor. A second or subsequent violation of -2- LRB9003283WHcwam 1 this Act is a Class 4 felony. 2 A license, as provided for herein, constitutes the person 3 receiving the same an attorney and counselor at law, 4 according to the law and customs thereof, for and during his 5 good behavior in the practice and authorizes him to demand 6 and receive fees for any services which he may render as an 7 attorney and counselor at law in this State. No person shall 8 be granted a license or renewal authorized by this Act who 9 has defaulted on an educational loan guaranteed by the 10 Illinois Student Assistance Commission; however, a license or 11 renewal may be issued to the aforementioned persons who have 12 established a satisfactory repayment record as determined by 13 the Illinois Student Assistance Commission. No person shall 14 be granted a license or renewal authorized by this Act who is 15 more than 30 days delinquent in complying with a child 16 support order; a license or renewal may be issued, however, 17 if the person has established a satisfactory repayment record 18 as determined (i) by the Illinois Department of Public Aid 19 for cases being enforced under Article X of the Illinois 20 Public Aid Code or (ii) in all other cases by order of court 21 or by written agreement between the custodial parent and 22 non-custodial parent. No person shall be refused a license 23 under this Act on account of sex. 24 Any person practicing, charging or receiving fees for 25 legal services within this State, either directly or 26 indirectly, without being licensed to practice as herein 27 required, is guilty of contempt of court and shall be 28 punished accordingly, upon complaint being filed in any 29 Circuit Court of this State. Such proceedings shall be 30 conducted in the Courts of the respective counties where the 31 alleged contempt has been committed in the same manner as in 32 cases of indirect contempt and with the right of review by 33 the parties thereto. 34 The provisions of this Act shall be in addition to other -3- LRB9003283WHcwam 1 remedies permitted by law and shall not be construed to 2 deprive courts of this State of their inherent right to 3 punish for contempt or to restrain the unauthorized practice 4 of law. 5 Nothing in this Act shall be construed to prohibit 6 representation of a party by a person who is not an attorney 7 in a proceeding before the Illinois State Labor Relations 8 Board or the Illinois Local Labor Relations Board under the 9 Illinois Public Labor Relations Act, as now or hereafter 10 amended, the Illinois Educational Labor Relations Board under 11 the Illinois Educational Labor Relations Act, as now or 12 hereafter amended, the State Civil Service Commission, the 13 local Civil Service Commissions, or the University Civil 14 Service Merit Board, to the extent allowed pursuant to rules 15 and regulations promulgated by those Boards and Commissions. 16 (Source: P.A. 89-6, eff. 3-6-95.) 17 Section 10. The Consumer Fraud and Deceptive Business 18 Practices Act is amended by adding Section 2C.5 as follows: 19 (815 ILCS 505/2C.5 new) 20 Sec. 2C.5. Unlawful practice of law. 21 (a) Any person or entity within this State who 22 practices, offers to practice, attempts to practice, or holds 23 himself or herself out to practice law as determined by 24 common law or Supreme Court Rules, as amended from time to 25 time, or who charges or receives fees for legal services, 26 directly or indirectly, without being licensed by the 27 Illinois Supreme Court to practice law is engaged in an 28 unlawful practice within the meaning of this Act. 29 (b) The Attorney General, a State's Attorney, any 30 attorney whose license to practice law in Illinois is in good 31 standing, any association of licensed Illinois attorneys, or 32 any person injured by a violation of this Section may bring -4- LRB9003283WHcwam 1 an action against any person who has violated this Section. 2 (c) If the court finds that an unlawful practice under 3 this Section has occurred it may, in its discretion, exercise 4 all powers necessary and award any relief that it deems 5 proper, including but not limited to the following: issue an 6 injunction; order the revocation, forfeiture, or suspension 7 of any license, charter, franchise, certificate, or other 8 evidence of authority of any person to do business in this 9 State; order the appointment of a receiver; order the 10 dissolution of domestic corporations or associations; order 11 the suspension or termination of the right of foreign 12 corporations or associations to do business in this State; 13 order the payment of reasonable attorney's fees and costs of 14 bringing the action to the prevailing party; and order 15 restitution. Proof of a public injury, a pattern, or an 16 effect on the public generally shall not be required in order 17 to grant relief to a prevailing party, and the elements for 18 awarding equitable relief shall be presumed if the court 19 determines that equitable relief is proper. 20 (d) Any person or entity bringing an action under this 21 Section may also request, for and in the name of the People 22 of the State of Illinois, and the Court may impose a civil 23 penalty in an amount not to exceed $50,000 against any person 24 found by the court to have violated this Section. If the 25 court finds that the violation occurred with the intent to 26 defraud, the court may impose an additional civil penalty not 27 to exceed $50,000 per violation. All such penalties shall be 28 paid into the Illinois Equal Justice Fund in the State 29 treasury or, if that fund does not exist, into the General 30 Revenue Fund in the State treasury.".
[ Top ]