101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4909
 
Introduced 2/18/2020, by Rep. Ann M. Williams
 
SYNOPSIS AS INTRODUCED:
 

 
  
705 ILCS 210/1  from Ch. 13, par. 15

     Amends the Legal Business Solicitation Act. Provides that it is unlawful (a Class B misdemeanor) for an attorney, or person acting on behalf of the attorney, to make a false or deceptive statement concerning the existence of a settlement fund to a resident of the State or regarding a legal matter  pending now or in the future before a court if such a statement was made for the purpose of inducing a person to enter into a contract of employment with an attorney to represent the person in the legal matter. Provides that if a contract of employment with an attorney was obtained before the effective date of the Act, the legal  matter has not been resolved, and the contract was entered into in violation of the Act, the attorney shall: inform the client that the attorney had previously made a false or deceptive statement regarding the existence of a settlement fund or payments to a resident of the State or regarding a legal matter pending now or in the future before a court in the State; and obtain the written consent of the client to allow the attorney to continue to represent the client in the pending legal matter.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning courts.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Legal Business Solicitation Act is amended  
5by changing Section 1 as follows:
 



6    (705 ILCS 210/1)  (from Ch. 13, par. 15)



7    Sec. 1. Prohibition. 

8    (a) It shall be unlawful for any person not an attorney at 
9law to solicit
for money, fee, commission, or other 
10remuneration directly or indirectly in
any manner whatsoever, 
11any demand or claim for personal injuries or for
death for the 
12purpose of having an action brought thereon, or for the
purpose 
13of settling the same.

14    (b) It shall be unlawful for an attorney, or person acting 
15on behalf of the attorney, to make a false or deceptive 
16statement concerning the existence of a settlement fund to a 
17resident of this State or regarding a legal matter pending now 
18or in the future before a court in this State, if such a 
19statement was made, in part, for the purpose of inducing a 
20person to enter into a contract of employment with an attorney 
21to represent the person in the legal matter. Such statements 
22include, but are not limited to, untrue claims suggesting: (i) 
23that a limited pot of money has been made available to 
 
 
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1individuals; (ii) that this is the last chance a person has to 
2seek compensation for the person's injuries; or (iii) other 
3similar statements. If a contract of employment with an 
4attorney was obtained before the effective date of this 
5amendatory Act of the 101st General Assembly, the legal matter 
6has not been resolved, and the contract was entered into in 
7violation of this subsection, the attorney shall, within 6 
8months after the effective date of this amendatory Act of the 
9101st General Assembly:
10        (1) inform the client that the attorney, or person on 
11    behalf of the attorney, had previously made a false or 
12    deceptive statement regarding the existence of a 
13    settlement fund or payments to a resident of this State or 
14    regarding a legal matter pending now or in the future 
15    before a court in this State; and
16        (2) obtain the written consent of the client to allow 
17    the attorney to continue to represent the client in the 
18    pending legal matter.
19(Source: Laws 1957, p. 2587.)