093_SB0688ham001











                                     LRB093 02155 RLC 14905 a

 1                    AMENDMENT TO SENATE BILL 688

 2        AMENDMENT NO.     .  Amend Senate Bill 688 as follows:
 3    by inserting after the title the following:

 4        "WHEREAS, It is the finding of the General Assembly  that
 5    legislation is necessary to protect the safety and welfare of
 6    the  people  of  the  State of Illinois from the unauthorized
 7    practice of law by those persons or entities not licensed  to
 8    practice law by the Illinois Supreme Court; and

 9        WHEREAS,  It  is the finding of the General Assembly that
10    the large volunteer membership bar associations  incorporated
11    as not-for-profit corporations under the laws of the State of
12    Illinois    have   historically   and   properly   been   the
13    organizations that have protected the public  from  the  harm
14    caused by the unauthorized practice of law; and

15        WHEREAS,  By  bringing  actions  in  court  to enjoin and
16    otherwise prevent those not licensed by the Illinois  Supreme
17    Court  from practicing law, these bar associations have acted
18    on behalf of  their  volunteer  lawyer  members  and  to  the
19    benefit of the public; and

20        WHEREAS,   Because   of  their  size,  they  possess  the
21    diversity of membership to  represent  a  broad  spectrum  of
 
                            -2-      LRB093 02155 RLC 14905 a
 1    members and diversity of practice areas; and

 2        WHEREAS,  It  is  the  intent  of the General Assembly to
 3    ensure that bar associations incorporated  as  not-for-profit
 4    corporations  under  the  laws  of the State of Illinois with
 5    members of 20,000 or more licensed  Illinois  attorneys  have
 6    legislative  authority  to continue to have legal standing to
 7    bring actions for the unauthorized practice of law  and  have
 8    remedies   available   under   this   Act  in  such  actions;
 9    therefore"; and

10    by replacing everything after the enacting  clause  with  the
11    following:

12        "Section  5.  The  Attorney  Act  is  amended by changing
13    Section 1 as follows:

14        (705 ILCS 205/1) (from Ch. 13, par. 1)
15        Sec. 1.  No  person  or  entity  shall  be  permitted  to
16    practice as an attorney or counselor at law within this State
17    without having previously obtained a license for that purpose
18    from the Supreme Court of this State.
19        No  person  or  entity  shall  receive  any  compensation
20    directly  or  indirectly  for any legal services other than a
21    regularly licensed attorney, nor may an unlicensed person  or
22    entity  advertise  or  hold  itself out to practice law, give
23    legal advice, or own, conduct,  or  maintain  a  facility  to
24    practice law or give legal advice.
25        A license, as provided for herein, constitutes the person
26    receiving   the  same  an  attorney  and  counselor  at  law,
27    according to the law and customs thereof, for and during  his
28    good  behavior  in  the practice and authorizes him to demand
29    and receive fees for any services which he may render  as  an
30    attorney and counselor at law in this State.  No person shall
31    be  granted  a  license or renewal authorized by this Act who
 
                            -3-      LRB093 02155 RLC 14905 a
 1    has defaulted  on  an  educational  loan  guaranteed  by  the
 2    Illinois Student Assistance Commission; however, a license or
 3    renewal  may be issued to the aforementioned persons who have
 4    established a satisfactory repayment record as determined  by
 5    the  Illinois Student Assistance Commission.  No person shall
 6    be granted a license or renewal authorized by this Act who is
 7    more than 30  days  delinquent  in  complying  with  a  child
 8    support  order;  a license or renewal may be issued, however,
 9    if the person has established a satisfactory repayment record
10    as determined (i) by the Illinois Department  of  Public  Aid
11    for  cases  being  enforced  under  Article X of the Illinois
12    Public Aid Code or (ii) in all other cases by order of  court
13    or  by  written  agreement  between  the custodial parent and
14    non-custodial parent. No person shall be  refused  a  license
15    under this Act on account of sex.
16        Any  person or entity found by the court to provide legal
17    services practicing, charging or  receiving  fees  for  legal
18    services  within  this  State, either directly or indirectly,
19    without being licensed to practice  as  herein  required,  is
20    guilty   of   contempt   of   court  and  shall  be  punished
21    accordingly, upon complaint being filed in any Circuit  Court
22    of  this  State.   Such proceedings shall be conducted in the
23    Courts of the respective counties where the alleged  contempt
24    has been committed in the same manner as in cases of indirect
25    contempt and with the right of review by the parties thereto.
26        Any  person  or  entity  that  suffers actual damage as a
27    result of a violation of this Section committed by any  other
28    person  or  entity,  or any Bar Association incorporated as a
29    not-for-profit corporation under the laws  of  the  State  of
30    Illinois  with  20,000  or  more  members  who  are attorneys
31    licensed to practice  law  by  the  Illinois  Supreme  Court,
32    acting  on behalf of its members, may bring an action against
33    that  person  or  entity.  The  remedies  available  for  the
34    unauthorized practice of law include, but are not limited to:
 
                            -4-      LRB093 02155 RLC 14905 a
 1    (i) appropriate equitable relief; (ii) a civil penalty not to
 2    exceed $5,000 if the person or  entity  has  previously  been
 3    found  by a court to have engaged in conduct described in the
 4    Act; (iii) actual damages; (iv)  reasonable  attorney's  fees
 5    and  costs  if the person or entity is not licensed under the
 6    Real Estate License Act of 2000; (v) punitive damages if  the
 7    conduct  was  willful,  intentional,  or  done  with reckless
 8    disregard to the rights of others and if the person or entity
 9    is not licensed under the Real Estate License  Act  of  2000;
10    and   (vi)  other  relief  deemed  necessary  to  remedy  the
11    wrongdoing.
12        An action under this Section  may  be  commenced  in  the
13    county  in  which  the  person  or entity against which it is
14    brought resides, has a principal place  of  business,  or  is
15    doing  business, or in the county in which the transaction or
16    any substantial portion of the transaction occurred.
17        The provisions of this Act shall be in addition to  other
18    remedies  permitted  by  law  and  shall  not be construed to
19    deprive courts of this  State  of  their  inherent  right  to
20    punish  for contempt or to restrain the unauthorized practice
21    of law.
22        Nothing in  this  Act  shall  be  construed  to  prohibit
23    representation  of a party by a person who is not an attorney
24    in a proceeding before either panel  of  the  Illinois  Labor
25    Relations  Board  under  the  Illinois Public Labor Relations
26    Act, as now or hereafter amended,  the  Illinois  Educational
27    Labor  Relations  Board  under the Illinois Educational Labor
28    Relations Act, as now or hereafter amended, the  State  Civil
29    Service  Commission,  the local Civil Service Commissions, or
30    the University Civil  Service  Merit  Board,  to  the  extent
31    allowed  pursuant  to  rules  and  regulations promulgated by
32    those Boards and Commissions.
33        If any provision of this Act or  application  thereof  to
34    any  person  or circumstance is held invalid, such invalidity
 
                            -5-      LRB093 02155 RLC 14905 a
 1    does not affect other provisions or applications of this  Act
 2    which  can be given effect without the invalid application or
 3    provision, and to this end the provisions  of  this  Act  are
 4    declared to be severable.
 5    (Source: P.A. 91-798, eff. 7-9-00.)".