96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1091


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
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.
















LRB096 07168 AJO 17254 b

















 


 


A BILL FOR









 











SB1091

LRB096 07168 AJO 17254 b






1
    AN ACT concerning civil law.

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

 
4
    Section 5. The Attorneys Lien Act is amended by changing 
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Section 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, 
8
demands and
and
causes of action, including all claims for 
9
unliquidated damages, which may
be placed in their hands by 
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their clients for suit or collection, or upon
which suit or 
11
action has been instituted, for the amount of any fee which
may 
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have been agreed upon by and between such attorneys and their 
13
clients,
or, in the absence of such agreement, for a reasonable 
14
fee, for the
services of such suits, claims, demands or causes 
15
of action, plus costs
and expenses.
In the case of a claim, 
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demand, or cause of action with respect to which
the total 
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amount of all liens under the Health Care
Services Lien Act 
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meets or exceeds 40% of the sum paid or due the injured
person, 
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the total amount of all liens under this Act shall not exceed 
20
30% of
the
sum
paid or due the injured person.
All
attorneys 
21
shall share proportionate amounts within this statutory 
22
limitation.
If an appeal is taken by any party to a suit based 
23
on the claim or cause of
action, however,
the attorney's lien 
 


 






SB1091
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LRB096 07168 AJO 17254 b




1
shall not
be affected or limited by the provisions of this Act.
2
    To enforce such lien, such attorneys shall serve notice in

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

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