Full Text of SB1883 94th General Assembly
SB1883 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1883
Introduced 2/25/2005, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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705 ILCS 205/1 |
from Ch. 13, par. 1 |
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Amends the Attorney Act. Provides that no entity shall receive any compensation directly or indirectly for any legal services other than a regular licensed attorney. Provides that an unlicensed person or entity may not advertise or hold himself, herself, or itself out to provide legal services or own, conduct, or maintain a facility to provide legal services. Provides that a person or entity advertising or holding himself, herself, or itself out to provide legal services is guilty of contempt of court.
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A BILL FOR
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SB1883 |
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LRB094 10826 LCB 41321 b |
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| AN ACT concerning attorneys.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Attorney Act is amended by changing Section | 5 |
| 1 as follows:
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| (705 ILCS 205/1) (from Ch. 13, par. 1)
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| Sec. 1. No person shall be permitted to practice as an | 8 |
| attorney or
counselor at law within this State without having | 9 |
| previously obtained a
license for that purpose from the Supreme | 10 |
| Court of this State.
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| No person or entity shall receive any compensation directly | 12 |
| or indirectly for any
legal services other than a regularly | 13 |
| licensed attorney , nor may an unlicensed person or entity | 14 |
| advertise or hold himself, herself, or itself out to provide | 15 |
| legal services or own, conduct, or maintain a facility to | 16 |
| provide legal services .
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| A license, as provided for herein, constitutes the person | 18 |
| receiving the
same an attorney and counselor at law, according | 19 |
| to the law and customs
thereof, for and during his good | 20 |
| behavior in the practice and authorizes
him to demand and | 21 |
| receive fees for any services which he may render as an
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| attorney and counselor at law in this State. No person shall be | 23 |
| granted
a license or renewal authorized by this Act who has | 24 |
| defaulted on an
educational loan guaranteed by the Illinois | 25 |
| Student Assistance Commission;
however, a license or renewal | 26 |
| may be issued to the aforementioned persons
who have | 27 |
| established a satisfactory repayment record as determined by | 28 |
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Illinois Student Assistance Commission.
No person shall be | 29 |
| granted a license or renewal authorized by this Act who is
more | 30 |
| than 30 days delinquent in complying with a child support | 31 |
| order; a license
or renewal may be issued, however, if the | 32 |
| person has
established a satisfactory repayment record as |
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SB1883 |
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LRB094 10826 LCB 41321 b |
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| determined (i) by the Illinois
Department of Public Aid for | 2 |
| cases being enforced under Article X of the
Illinois Public Aid | 3 |
| Code or (ii) in all other cases by order of court or by
written | 4 |
| agreement between the custodial parent and non-custodial | 5 |
| parent.
No person shall be refused a license under this Act on | 6 |
| account of sex.
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| Any person or entity practicing, charging or receiving fees | 8 |
| for legal services
or advertising or holding himself, herself, | 9 |
| or itself out to provide legal services within this State, | 10 |
| either directly or indirectly, without being licensed to
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| practice as herein required, is guilty of contempt of court and | 12 |
| shall be
punished accordingly, upon complaint being filed in | 13 |
| any Circuit Court of
this State. Such proceedings shall be | 14 |
| conducted in the Courts of the
respective counties where the | 15 |
| alleged contempt has been committed in the
same manner as in | 16 |
| cases of indirect contempt and with the right of review
by the | 17 |
| parties thereto.
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| The provisions of this Act shall be in addition to other | 19 |
| remedies
permitted by law and shall not be construed to deprive | 20 |
| courts of this State
of their inherent right to punish for | 21 |
| contempt or to restrain the
unauthorized practice of law.
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| Nothing in this Act shall be construed to prohibit | 23 |
| representation of a
party by a person who is not an attorney in | 24 |
| a proceeding before either panel
of the Illinois Labor | 25 |
| Relations Board under the Illinois Public Labor Relations Act, | 26 |
| as now or
hereafter amended, the Illinois Educational Labor | 27 |
| Relations Board under the
Illinois Educational Labor Relations | 28 |
| Act, as now or hereafter amended, the
State Civil Service | 29 |
| Commission, the local Civil Service Commissions, or the
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| University Civil Service Merit Board, to the extent allowed | 31 |
| pursuant to
rules and regulations promulgated by those Boards | 32 |
| and Commissions.
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| (Source: P.A. 91-798, eff. 7-9-00.)
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