Full Text of SB0148 95th General Assembly
SB0148eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Attorney Act is amended by changing Section | 5 |
| 1 as follows:
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| (705 ILCS 205/1) (from Ch. 13, par. 1)
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| Sec. 1. No person shall be permitted to practice as an | 8 |
| attorney or
counselor at law within this State without having | 9 |
| previously obtained a
license for that purpose from the Supreme | 10 |
| Court of this State.
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| No person shall receive any compensation directly or | 12 |
| indirectly for any
legal services other than a regularly | 13 |
| licensed attorney, nor may an unlicensed person advertise or | 14 |
| hold himself or herself out to provide legal services.
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| A license, as provided for herein, constitutes the person | 16 |
| receiving the
same an attorney and counselor at law, according | 17 |
| to the law and customs
thereof, for and during his good | 18 |
| behavior in the practice and authorizes
him to demand and | 19 |
| receive fees for any services which he may render as an
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| attorney and counselor at law in this State. No person shall be | 21 |
| granted
a license or renewal authorized by this Act who has | 22 |
| defaulted on an
educational loan guaranteed by the Illinois | 23 |
| Student Assistance Commission;
however, a license or renewal |
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| may be issued to the aforementioned persons
who have | 2 |
| established a satisfactory repayment record as determined by | 3 |
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Illinois Student Assistance Commission.
No person shall be | 4 |
| granted a license or renewal authorized by this Act who is
more | 5 |
| than 30 days delinquent in complying with a child support | 6 |
| order; a license
or renewal may be issued, however, if the | 7 |
| person has
established a satisfactory repayment record as | 8 |
| determined (i) by the Department of Healthcare and Family | 9 |
| Services (formerly Illinois
Department of Public Aid ) for cases | 10 |
| being enforced under Article X of the
Illinois Public Aid Code | 11 |
| or (ii) in all other cases by order of court or by
written | 12 |
| agreement between the custodial parent and non-custodial | 13 |
| parent.
No person shall be refused a license under this Act on | 14 |
| account of sex.
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| Any person practicing, charging or receiving fees for legal | 16 |
| services
or advertising or holding himself or herself out to | 17 |
| provide legal services within this State, either directly or | 18 |
| indirectly, without being licensed to
practice as herein | 19 |
| required, is guilty of contempt of court and shall be
punished | 20 |
| accordingly, upon complaint being filed in any Circuit Court of
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| this State. The remedies available include, but are not limited | 22 |
| to: (i) appropriate equitable relief; (ii) a civil penalty not | 23 |
| to exceed $5,000, which shall be paid to the Illinois Equal | 24 |
| Justice Foundation; and (iii) actual damages. Such proceedings | 25 |
| shall be conducted in the Courts of the
respective counties | 26 |
| where the alleged contempt has been committed in the
same |
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| manner as in cases of indirect contempt and with the right of | 2 |
| review
by the parties thereto.
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| The provisions of this Act shall be in addition to other | 4 |
| remedies
permitted by law and shall not be construed to deprive | 5 |
| courts of this State
of their inherent right to punish for | 6 |
| contempt or to restrain the
unauthorized practice of law.
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| Nothing in this Act shall be construed to conflict with, | 8 |
| amend, or modify Section 5 of the Corporation Practice of Law | 9 |
| Prohibition Act or prohibit representation of a
party by a | 10 |
| person who is not an attorney in a proceeding before either | 11 |
| panel
of the Illinois Labor Relations Board under the Illinois | 12 |
| Public Labor Relations Act, as now or
hereafter amended, the | 13 |
| Illinois Educational Labor Relations Board under the
Illinois | 14 |
| Educational Labor Relations Act, as now or hereafter amended, | 15 |
| the
State Civil Service Commission, the local Civil Service | 16 |
| Commissions, or the
University Civil Service Merit Board, to | 17 |
| the extent allowed pursuant to
rules and regulations | 18 |
| promulgated by those Boards and Commissions or the giving of | 19 |
| information, training, or advocacy or assistance in any | 20 |
| meetings or administrative proceedings held pursuant to the | 21 |
| federal Individuals with Disabilities Education Act, the | 22 |
| federal Rehabilitation Act of 1973, the federal Americans with | 23 |
| Disabilities Act of 1990, or the federal Social Security Act, | 24 |
| to the extent allowed by those laws or the federal regulations | 25 |
| or State statutes implementing those laws.
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| (Source: P.A. 94-659, eff. 1-1-06; revised 12-15-05.)
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