94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2924


 
Introduced 2/22/2005, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		













770 ILCS 5/1
  from Ch. 13, par. 14







    Amends the Attorneys Lien Act.  Makes a technical change in a Section
concerning the creation of liens.
















LRB094 05247 LCB 35289 b

















 


 


A BILL FOR









 











HB2924

LRB094 05247 LCB 35289 b






1
    AN ACT concerning civil law.

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


 
4
    Section 5. The Attorneys Lien Act is amended by changing 
5
Section 1 as follows:
 



6
    (770 ILCS 5/1)  (from Ch. 13, par. 14)



7
    Sec. 1. Attorneys at law shall have a lien upon all claims, 
8
demands and
and
causes of action, including all claims for 
9
unliquidated damages, which may
be placed in their hands by 
10
their clients for suit or collection, or upon
which suit or 
11
action has been instituted, for the amount of any fee which
may 
12
have been agreed upon by and between such attorneys and their 
13
clients,
or, in the absence of such agreement, for a reasonable 
14
fee, for the
services of such suits, claims, demands or causes 
15
of action, plus costs
and expenses.
In the case of a claim, 
16
demand, or cause of action with respect to which
the total 
17
amount of all liens under the Health Care
Services Lien Act 
18
meets or exceeds 40% of the sum paid or due the injured
person, 
19
the total amount of all liens under this Act shall not exceed 
20
30% of
the
sum
paid or due the injured person.
All
attorneys 
21
shall share proportionate amounts within this statutory 
22
limitation.
If an appeal is taken by any party to a suit based 
23
on the claim or cause of
action, however,
the attorney's lien 
24
shall not
be affected or limited by the provisions of this Act.
25
    To enforce such lien, such attorneys shall serve notice in

26
writing, which service may be made by registered or certified 
27
mail, upon
the party against whom their clients may have such 
28
suits, claims or causes
of action, claiming such lien and 
29
stating therein the interest they have in
such suits, claims, 
30
demands or causes of action.  Such lien shall attach to
any 
31
verdict, judgment or order entered and to any money or property 
32
which
may be recovered, on account of such suits, claims, 
 


 






HB2924
- 2 -
LRB094 05247 LCB 35289 b




1
demands or causes of
action, from and after the time of service 
2
of the notice.  On petition
filed by such attorneys or their 
3
clients any court of competent
jurisdiction shall, on not less 
4
than 5 days' notice to the
adverse party, adjudicate the rights 
5
of the parties and enforce
the lien.

6
(Source: P.A. 93-51, eff. 7-1-03.)