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92_SB2303eng SB2303 Engrossed LRB9215652DJgc 1 AN ACT in relation to Attorneys Lien Act. 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 adding 5 Section 2 as follows: 6 (770 ILCS 5/2 new) 7 Sec. 2. Attorneys representing the State of Illinois. 8 (a) The General Assembly finds as follows: 9 (1) The Attorneys Lien Act provides a procedure 10 for attorneys at law to obtain a lien upon claims, 11 demands, and causes of action placed in their hands by 12 their clients for suit or collection, or upon which suit 13 or action has been instituted, for the amount of any fee 14 which may have been agreed upon by and between such 15 attorneys and their clients, or in the absence of such 16 agreement, for a reasonable fee, for the services of such 17 suits, claims, demands, or causes of action, plus costs 18 and expenses. 19 (2) The Attorneys Lien Act does not now create, nor 20 has it ever created, a lien for attorneys representing 21 the State of Illinois in suits, claims, demands, or 22 causes of action brought by such attorneys on behalf of 23 the State of Illinois, for the amount of any fee from the 24 State of Illinois which may be due such attorneys. 25 (3) Attorneys representing the State of Illinois 26 have nevertheless filed a lien in the case of People of 27 the State of Illinois v. Philip Morris et al. (Circuit 28 Court of Cook County, No. 96-L13146), which lien such 29 attorneys are attempting to enforce by claiming a right 30 to recover fees based on a contract entered into with the SB2303 Engrossed -2- LRB9215652DJgc 1 State of Illinois. 2 (4) The Attorneys Lien Act therefore needs to be 3 clarified that it does not give rise, nor has it ever 4 given rise, to lien rights for attorneys in litigation in 5 which they are representing the State of Illinois for 6 fees allegedly owed by the State of Illinois. 7 (b) This Act does not create a lien, nor has it ever 8 created a lien, in favor of any attorney representing the 9 State of Illinois in connection with (i) any claim, demand, 10 suit, or cause of action pursued by the State of Illinois, 11 (ii) any verdict, judgment, or order entered in favor of the 12 State of Illinois, or (iii) any money or property recovered 13 by the State of Illinois, and, as a particular application of 14 the foregoing, the Act did not create a lien in favor of the 15 attorneys representing the State of Illinois in the case of 16 People of the State of Illinois v. Philip Morris et al. 17 (Circuit Court of Cook County, No. 96-L13146). 18 (c) This amendatory Act of the 92nd General Assembly is 19 declarative of existing law. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.