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| [ Senate Amendment 002 ] |
92_HB2828sam001
LRB9206235DJgcam01
1 AMENDMENT TO HOUSE BILL 2828
2 AMENDMENT NO. . Amend House Bill 2828 by replacing
3 the title with the following:
4 "AN ACT in relation to liens."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Attorneys Lien Act is amended by adding
8 Section 2 as follows:
9 (770 ILCS 5/2 new)
10 Sec. 2. Attorneys representing the State of Illinois.
11 (a) The General Assembly finds as follows:
12 (1) The Attorneys Lien Act provides a procedure
13 for attorneys at law to obtain a lien upon claims,
14 demands, and causes of action placed in their hands by
15 their clients for suit or collection, or upon which suit
16 or action has been instituted, for the amount of any fee
17 which may have been agreed upon by and between such
18 attorneys and their clients, or in the absence of such
19 agreement, for a reasonable fee, for the services of such
20 suits, claims, demands, or causes of action, plus costs
21 and expenses.
-2- LRB9206235DJgcam01
1 (2) The Attorneys Lien Act does not now create, nor
2 has it ever created, a lien for attorneys representing
3 the State of Illinois in suits, claims, demands, or
4 causes of action brought by such attorneys on behalf of
5 the State of Illinois, for the amount of any fee from the
6 State of Illinois which may be due such attorneys.
7 (3) Attorneys representing the State of Illinois
8 have nevertheless filed a lien in the case of People of
9 the State of Illinois v. Philip Morris et al. (Circuit
10 Court of Cook County, No. 96-L13146), which lien such
11 attorneys are attempting to enforce by claiming a right
12 to recover fees based on a contract entered into with the
13 State of Illinois.
14 (4) The Attorneys Lien Act therefore needs to be
15 clarified that it does not give rise, nor has it ever
16 given rise, to lien rights for attorneys in litigation in
17 which they are representing the State of Illinois for
18 fees allegedly owed by the State of Illinois.
19 (b) This Act does not create a lien, nor has it ever
20 created a lien, in favor of any attorney representing the
21 State of Illinois in connection with (i) any claim, demand,
22 suit, or cause of action pursued by the State of Illinois,
23 (ii) any verdict, judgment, or order entered in favor of the
24 State of Illinois, or (iii) any money or property recovered
25 by the State of Illinois, and, as a particular application of
26 the foregoing, the Act did not create a lien in favor of the
27 attorneys representing the State of Illinois in the case of
28 People of the State of Illinois v. Philip Morris et al.
29 (Circuit Court of Cook County, No. 96-L13146).
30 (c) This amendatory Act of the 92nd General Assembly is
31 declarative of existing law.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.".