093_SB0688eng

 
SB688 Engrossed                      LRB093 02155 RLC 11223 b

 1        AN ACT concerning attorneys.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Attorney  Act  is  amended  by  changing
 5    Section 1 as follows:

 6        (705 ILCS 205/1) (from Ch. 13, par. 1)
 7        Sec.  1.   No  person  or  entity  shall  be permitted to
 8    practice as an attorney or counselor at law within this State
 9    without having previously obtained a license for that purpose
10    from the Supreme Court of this State.
11        No  person  or  entity  shall  receive  any  compensation
12    directly or indirectly for any legal services  other  than  a
13    regularly  licensed attorney, nor may an unlicensed person or
14    entity advertise or hold itself out  to  practice  law,  give
15    legal  advice,  or  own,  conduct,  or maintain a facility to
16    practice law or give legal advice.
17        A license, as provided for herein, constitutes the person
18    receiving  the  same  an  attorney  and  counselor  at   law,
19    according  to the law and customs thereof, for and during his
20    good behavior in the practice and authorizes  him  to  demand
21    and  receive  fees for any services which he may render as an
22    attorney and counselor at law in this State.  No person shall
23    be granted a license or renewal authorized by  this  Act  who
24    has  defaulted  on  an  educational  loan  guaranteed  by the
25    Illinois Student Assistance Commission; however, a license or
26    renewal may be issued to the aforementioned persons who  have
27    established  a satisfactory repayment record as determined by
28    the Illinois Student Assistance Commission.  No person  shall
29    be granted a license or renewal authorized by this Act who is
30    more  than  30  days  delinquent  in  complying  with a child
31    support order; a license or renewal may be  issued,  however,
 
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 1    if the person has established a satisfactory repayment record
 2    as  determined  (i)  by the Illinois Department of Public Aid
 3    for cases being enforced under  Article  X  of  the  Illinois
 4    Public  Aid Code or (ii) in all other cases by order of court
 5    or by written agreement  between  the  custodial  parent  and
 6    non-custodial  parent.  No  person shall be refused a license
 7    under this Act on account of sex.
 8        Any person or entity found by the court to provide  legal
 9    services  practicing,  charging  or  receiving fees for legal
10    services within this State, either  directly  or  indirectly,
11    without  being  licensed  to  practice as herein required, is
12    guilty  of  contempt  of  court   and   shall   be   punished
13    accordingly,  upon complaint being filed in any Circuit Court
14    of this State.  Such proceedings shall be  conducted  in  the
15    Courts  of the respective counties where the alleged contempt
16    has been committed in the same manner as in cases of indirect
17    contempt and with the right of review by the parties thereto.
18        Any person or entity that  suffers  actual  damage  as  a
19    result  of a violation of this Section committed by any other
20    person or entity, or any Bar Association, acting on behalf of
21    its members, may bring  an  action  against  that  person  or
22    entity.  The remedies available for the unauthorized practice
23    of law include, but  are  not  limited  to:  (i)  appropriate
24    equitable  relief; (ii) a civil penalty not to exceed $5,000;
25    (iii) actual damages; (iv)  reasonable  attorney's  fees  and
26    costs;  (v)  punitive  damages  if  the  conduct was willful,
27    intentional, or done with reckless disregard to the rights of
28    others; and (vi) other relief deemed necessary to remedy  the
29    wrongdoing.
30        An  action  under  this  Section  may be commenced in the
31    county in which the person or  entity  against  which  it  is
32    brought  resides,  has  a  principal place of business, or is
33    doing business, or in the county in which the transaction  or
34    any substantial portion of the transaction occurred.
 
SB688 Engrossed             -3-      LRB093 02155 RLC 11223 b
 1        The  provisions of this Act shall be in addition to other
 2    remedies permitted by law  and  shall  not  be  construed  to
 3    deprive  courts  of  this  State  of  their inherent right to
 4    punish for contempt or to restrain the unauthorized  practice
 5    of law.
 6        Nothing  in  this  Act  shall  be  construed  to prohibit
 7    representation of a party by a person who is not an  attorney
 8    in  a  proceeding  before  either panel of the Illinois Labor
 9    Relations Board under the  Illinois  Public  Labor  Relations
10    Act,  as  now  or hereafter amended, the Illinois Educational
11    Labor Relations Board under the  Illinois  Educational  Labor
12    Relations  Act,  as now or hereafter amended, the State Civil
13    Service Commission, the local Civil Service  Commissions,  or
14    the  University  Civil  Service  Merit  Board,  to the extent
15    allowed pursuant to  rules  and  regulations  promulgated  by
16    those Boards and Commissions.
17    (Source: P.A. 91-798, eff. 7-9-00.)