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92_SB1153 LRB9206198WHcs 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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