Full Text of HB3879 97th General Assembly
HB3879 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3879 Introduced 11/7/2011, by Rep. André M. Thapedi SYNOPSIS AS INTRODUCED: |
| 815 ILCS 505/10e new | | 815 ILCS 510/3.5 new | |
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Amends the Consumer Fraud and Deceptive Business Practices Act and the Uniform Deceptive Trade Practices Act. Provides the allowable hourly rates for attorney's fees awarded under both Acts. Provides a calculation to adjust the prices annually starting in calendar year 2013. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by adding Section 10e as follows: | 6 | | (815 ILCS 505/10e new) | 7 | | Sec. 10e. Attorney's fees. | 8 | | (a) The hourly rate of reasonable attorney's fees awarded | 9 | | under this Act shall be calculated as follows: | 10 | | (1) $475 an hour for very experienced litigators, i.e., | 11 | | lawyers in their 20th year or thereafter following | 12 | | graduation from law school; | 13 | | (2) $420 an hour for experienced litigators in their | 14 | | 11th through 19th years after law school graduation; | 15 | | (3) $335 an hour for experienced litigators in their | 16 | | 8th through 10th years after graduation from law school; | 17 | | (4) $275 an hour for senior associates, i.e., 4 to 7 | 18 | | years after graduation from law school; | 19 | | (5) $230 an hour for junior associates, i.e., 1 to 3 | 20 | | years after law school graduation; and | 21 | | (6) $135 an hour for paralegals and law clerks. | 22 | | (b) The hourly rates set forth in this Section shall be | 23 | | increased annually by adding the change in the cost of living |
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| 1 | | for the Chicago area to the applicable hourly rate for the | 2 | | prior year, rounding to the nearest multiple of $5 (up if | 3 | | within $3 of the next multiple of $5). The result shall be | 4 | | subject to adjustment if appropriate to ensure that the | 5 | | relationship between the higher rate and the lower rates | 6 | | remains reasonably constant. Hourly rates shall be annually | 7 | | increased as provided in this subsection (b) starting in | 8 | | calendar year 2013. | 9 | | For the purposes of this Section, "changes in the cost of | 10 | | living for the Chicago area" means the change measured by the | 11 | | Consumer Price Index For All Urban Consumers (CPI-U) for | 12 | | Chicago-Joliet-Naperville, IL (Metropolitan division), as | 13 | | announced by the Bureau of Labor Statistics in May of each | 14 | | year. | 15 | | (c) In determining the base level of the hourly rate | 16 | | allowed under subsection (a), the level of an attorney's | 17 | | experience shall be his or her experience on the date the work | 18 | | for which compensation is sought is performed. | 19 | | Section 10. The Uniform Deceptive Trade Practices Act is | 20 | | amended by adding Section 3.5 as follows: | 21 | | (815 ILCS 510/3.5 new) | 22 | | Sec. 3.5. Attorney's fees. | 23 | | (a) The hourly rate of reasonable attorney's fees awarded | 24 | | under this Act shall be calculated as follows: |
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| 1 | | (1) $475 an hour for very experienced litigators, i.e., | 2 | | lawyers in their 20th year or thereafter following | 3 | | graduation from law school; | 4 | | (2) $420 an hour for experienced litigators in their | 5 | | 11th through 19th years after law school graduation; | 6 | | (3) $335 an hour for experienced litigators in their | 7 | | 8th through 10th years after graduation from law school; | 8 | | (4) $275 an hour for senior associates, i.e., 4 to 7 | 9 | | years after graduation from law school; | 10 | | (5) $230 an hour for junior associates, i.e., 1 to 3 | 11 | | years after law school graduation; and | 12 | | (6) $135 an hour for paralegals and law clerks. | 13 | | (b) The hourly rates set forth in this Section shall be | 14 | | increased annually by adding the change in the cost of living | 15 | | for the Chicago area to the applicable hourly rate for the | 16 | | prior year, rounding to the nearest multiple of $5 (up if | 17 | | within $3 of the next multiple of $5). The result shall be | 18 | | subject to adjustment if appropriate to ensure that the | 19 | | relationship between the higher rate and the lower rates | 20 | | remains reasonably constant. Hourly rates shall be annually | 21 | | increased as provided in this subsection (b) starting in | 22 | | calendar year 2013. | 23 | | For the purposes of this Section, "changes in the cost of | 24 | | living for the Chicago area" means the change measured by the | 25 | | Consumer Price Index For All Urban Consumers (CPI-U) for | 26 | | Chicago-Joliet-Naperville, IL (Metropolitan division), as |
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| 1 | | announced by the Bureau of Labor Statistics in May of each | 2 | | year. | 3 | | (c) In determining the base level of the hourly rate | 4 | | allowed under subsection (a), the level of an attorney's | 5 | | experience shall be his or her experience on the date the work | 6 | | for which compensation is sought is performed.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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