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91_SB1885eng SB1885 Engrossed LRB9109638DJcdA 1 AN ACT to amend the Attorneys Lien Act by changing 2 Section 1 and adding Section 2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Attorneys Lien Act is amended by changing 6 Section 1 and adding Section 2 as follows: 7 (770 ILCS 5/1) (from Ch. 13, par. 14) 8 Sec. 1. Except as provided in Section 2, attorneys at 9 law shall have a lien upon all claims, demands and causes of 10 action, including all claims for unliquidated damages, which 11 may be placed in their hands by their clients for suit or 12 collection, or upon which suit or action has been instituted, 13 for the amount of any fee which may have been agreed upon by 14 and between such attorneys and their clients, or, in the 15 absence of such agreement, for a reasonable fee, for the 16 services of such suits, claims, demands or causes of action, 17 plus costs and expenses. To enforce such lien, such 18 attorneys shall serve notice in writing, which service may be 19 made by registered or certified mail, upon the party against 20 whom their clients may have such suits, claims or causes of 21 action, claiming such lien and stating therein the interest 22 they have in such suits, claims, demands or causes of action. 23 Such lien shall attach to any verdict, judgment or order 24 entered and to any money or property which may be recovered, 25 on account of such suits, claims, demands or causes of 26 action, from and after the time of service of the notice. On 27 petition filed by such attorneys or their clients any court 28 of competent jurisdiction shall, on not less than 5 days' 29 notice to the adverse party, adjudicate the rights of the 30 parties and enforce the lien. 31 (Source: P.A. 86-1156; 87-425.) SB1885 Engrossed -2- LRB9109638DJcdA 1 (770 ILCS 5/2 new) 2 Sec. 2. Tobacco settlement agreement. 3 (a) In this Section, "tobacco settlement agreement" means 4 the Master Settlement Agreement in the case of People of the 5 State of Illinois v. Philip Morris et al. (Circuit Court of 6 Cook County, No. 96-L13146). The term also includes any 7 settlement with or judgment against a tobacco product 8 manufacturer not participating in that Master Settlement 9 Agreement, if the settlement or judgment is in satisfaction 10 of a released claim as that term is defined in the Master 11 Settlement Agreement. 12 (b) This Act does not apply to any claim, demand, cause 13 of action, or action that results in a tobacco settlement 14 agreement. A lien is not created under this Act for the 15 whole or any part of the amount of any fee that may have been 16 agreed upon by and between an attorney and his or her client 17 with respect to such a claim, demand, cause of action, or 18 action, regardless of whether a notice claiming such a lien 19 is served before, on, or after the effective date of this 20 amendatory Act of the 91st General Assembly. A lien does not 21 attach under this Act to any settlement or judgment that is 22 the subject of a tobacco settlement agreement, nor does a 23 lien attach under this Act to any money or property recovered 24 pursuant to such a settlement or judgment, regardless of 25 whether a notice claiming such a lien is served before, on, 26 or after the effective date of this amendatory Act of the 27 91st General Assembly. 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.