State of Illinois
2023 and 2024


Introduced 2/1/2023, by Rep. Tony M. McCombie


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.

LRB103 28216 LNS 54595 b





HB1921LRB103 28216 LNS 54595 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
14reasonable fee, for the services of such suits, claims,
15demands or causes of action, plus costs and expenses. In the
16case of a claim, demand, or cause of action with respect to
17which the total amount of all liens under the Health Care
18Services Lien Act meets or exceeds 40% of the sum paid or due
19the injured person, the total amount of all liens under this
20Act shall not exceed 30% of the sum paid or due the injured
21person. All attorneys shall share proportionate amounts within
22this statutory limitation. If an appeal is taken by any party
23to a suit based on the claim or cause of action, however, the



HB1921- 2 -LRB103 28216 LNS 54595 b

1attorney's lien shall not be affected or limited by the
2provisions of this Act.
3    To enforce such lien, such attorneys shall serve notice in
4writing, which service may be made by registered or certified
5mail, upon the party against whom their clients may have such
6suits, claims or causes of action, claiming such lien and
7stating therein the interest they have in such suits, claims,
8demands or causes of action. Such lien shall attach to any
9verdict, judgment or order entered and to any money or
10property which may be recovered, on account of such suits,
11claims, demands or causes of action, from and after the time of
12service of the notice. On petition filed by such attorneys or
13their clients any court of competent jurisdiction shall, on
14not less than 5 days' notice to the adverse party, adjudicate
15the rights of the parties and enforce the lien.
16(Source: P.A. 93-51, eff. 7-1-03.)