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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.