97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4770
 
Introduced 2/3/2012, 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.



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A BILL FOR
 


HB4770LRB097 17292 AJO 62493 b



1    AN ACT concerning civil law.

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

 
4    Section 5. The Attorneys Lien Act is amended by changing 
5Section 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, 
8demands and
and
causes of action, including all claims for 
9unliquidated damages, which may
be placed in their hands by 
10their clients for suit or collection, or upon
which suit or 
11action has been instituted, for the amount of any fee which
may 
12have been agreed upon by and between such attorneys and their 
13clients,
or, in the absence of such agreement, for a reasonable 
14fee, for the
services of such suits, claims, demands or causes 
15of action, plus costs
and expenses.
In the case of a claim, 
16demand, or cause of action with respect to which
the total 
17amount of all liens under the Health Care
Services Lien Act 
18meets or exceeds 40% of the sum paid or due the injured
person, 
19the total amount of all liens under this Act shall not exceed 
2030% of
the
sum
paid or due the injured person.
All
attorneys 
21shall share proportionate amounts within this statutory 
22limitation.
If an appeal is taken by any party to a suit based 
23on the claim or cause of
action, however,
the attorney's lien 
 
 
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1shall not
be affected or limited by the provisions of this Act.
2    To enforce such lien, such attorneys shall serve notice in

3writing, which service may be made by registered or certified 
4mail, upon
the party against whom their clients may have such 
5suits, claims or causes
of action, claiming such lien and 
6stating therein the interest they have in
such suits, claims, 
7demands or causes of action.  Such lien shall attach to
any 
8verdict, judgment or order entered and to any money or property 
9which
may be recovered, on account of such suits, claims, 
10demands or causes of
action, from and after the time of service 
11of the notice.  On petition
filed by such attorneys or their 
12clients any court of competent
jurisdiction shall, on not less 
13than 5 days' notice to the
adverse party, adjudicate the rights 
14of the parties and enforce
the lien.

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