Illinois General Assembly - Full Text of SB0881
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Full Text of SB0881  99th General Assembly



State of Illinois
2015 and 2016


Introduced 2/11/2015, by Sen. Christine Radogno


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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SB0881LRB099 05487 HEP 25523 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.)