State of Illinois
92nd General Assembly

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 1        AN ACT in relation to civil procedure.

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

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    adding Section 2-803.1 as follows:

 6        (735 ILCS 5/2-803.1 new)
 7        Sec. 2-803.1.  Authorization  required  for  attorney  to
 8    claim to represent any  person.
 9        (a)  An attorney may not represent or claim to represent,
10    or  sue  or claim to sue in behalf of, any person as a member
11    of a putative or certified class unless  the  attorney  first
12    provides   to   the   court   the  person's  express  written
13    authorization to be so represented and to become a member  of
14    the  class.  The  written  authorization shall state that the
15    person intends to retain a  specifically  named  attorney  or
16    firm  and  is  aware  of  the  legal  consequences of joining
17    specifically named litigation (including the  rights  that  a
18    class  member  will  lose or waive by joining the action, the
19    person's right to enter an appearance through his or her  own
20    counsel,  and the person's right not be included in the class
21    action). The written authorization shall also establish  that
22    the attorney has provided to the person a good faith estimate
23    of  the dollar amount of any attorney's fee, together with an
24    explanation of how any attorney's fee will be calculated  and
25    funded,  and  an  explanation of the relative recoveries that
26    the attorney or firm and the  person  would  receive  if  the
27    claim were settled or decided favorably.
28        (b)  An  attorney  seeking  to  represent  a  putative or
29    certified class in any class action may not solicit potential
30    members of the class.  The  court  may,  in  its  discretion,
31    direct  the  attorney  seeking  to  represent  a  putative or
                            -2-                LRB9206198WHcs
 1    certified class to provide and pay for  notice  to  potential
 2    class members of such information as would reasonably provide
 3    potential  class members with information to make an informed
 4    decision of whether to join the class.
 5        (c)  No settlement of an action described  in  subsection
 6    (a),  and  no  decision  or  judgment  of a court in any such
 7    action,  may  bind  as  a  party  any  person  who  has   not
 8    affirmatively  consented to joining the action as a member of
 9    the putative or certified class.
10        (d)  Any  person  who  violates  any  provision  of  this
11    Section in connection with any class action  in  a  court  of
12    this State shall be prohibited from representing any party in
13    the  action  or in any other action based upon or arising out
14    of the subject matter of the action. In addition,  the  court
15    in  any  such  action  may  subject  any  such  person  to an
16    appropriate sanction, which may include an order  to  pay  to
17    the  court  a  sum  not  to  exceed the greater of 10% of the
18    amount in controversy in  the  action,  25%  of  the  maximum
19    potential  contingency  fee  (if  any),  or  $100,000, in the
20    discretion of the court.  Willful  violations  of  subsection
21    (a), if carried out by the filing of false information before
22    a  court  of  this  State, shall be punishable to the fullest
23    extent provided under State law.
24        (e)  If there is a conflict between this Section and  any
25    other law of this State, this Section shall control.
26        (f)  This  Section  applies to all civil actions filed on
27    or after the effective date of this  amendatory  Act  of  the
28    92nd General Assembly.

29        Section  99.  Effective  date. This Act takes effect upon
30    becoming law.

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