Bill Text: IL HB4909 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Legal Business Solicitation Act. Provides that it is unlawful (a Class B misdemeanor) for an attorney, or person acting on behalf of the attorney, to make a false or deceptive statement concerning the existence of a settlement fund to a resident of the State or regarding a legal matter pending now or in the future before a court if such a statement was made for the purpose of inducing a person to enter into a contract of employment with an attorney to represent the person in the legal matter. Provides that if a contract of employment with an attorney was obtained before the effective date of the Act, the legal matter has not been resolved, and the contract was entered into in violation of the Act, the attorney shall: inform the client that the attorney had previously made a false or deceptive statement regarding the existence of a settlement fund or payments to a resident of the State or regarding a legal matter pending now or in the future before a court in the State; and obtain the written consent of the client to allow the attorney to continue to represent the client in the pending legal matter.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4909 Detail]

Download: Illinois-2019-HB4909-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4909 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
705 ILCS 210/1 from Ch. 13, par. 15
Amends the Legal Business Solicitation Act. Provides that it is unlawful (a Class B misdemeanor) for an attorney, or person acting on behalf of the attorney, to make a false or deceptive statement concerning the existence of a settlement fund to a resident of the State or regarding a legal matter pending now or in the future before a court if such a statement was made for the purpose of inducing a person to enter into a contract of employment with an attorney to represent the person in the legal matter. Provides that if a contract of employment with an attorney was obtained before the effective date of the Act, the legal matter has not been resolved, and the contract was entered into in violation of the Act, the attorney shall: inform the client that the attorney had previously made a false or deceptive statement regarding the existence of a settlement fund or payments to a resident of the State or regarding a legal matter pending now or in the future before a court in the State; and obtain the written consent of the client to allow the attorney to continue to represent the client in the pending legal matter.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Legal Business Solicitation Act is amended
by changing Section 1 as follows:
(705 ILCS 210/1) (from Ch. 13, par. 15)
Sec. 1. Prohibition.
(a) It shall be unlawful for any person not an attorney at
law to solicit for money, fee, commission, or other
remuneration directly or indirectly in any manner whatsoever,
any demand or claim for personal injuries or for death for the
purpose of having an action brought thereon, or for the purpose
of settling the same.
(b) It shall be unlawful for an attorney, or person acting
on behalf of the attorney, to make a false or deceptive
statement concerning the existence of a settlement fund to a
resident of this State or regarding a legal matter pending now
or in the future before a court in this State, if such a
statement was made, in part, for the purpose of inducing a
person to enter into a contract of employment with an attorney
to represent the person in the legal matter. Such statements
include, but are not limited to, untrue claims suggesting: (i)
that a limited pot of money has been made available to

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individuals; (ii) that this is the last chance a person has to
seek compensation for the person's injuries; or (iii) other
similar statements. If a contract of employment with an
attorney was obtained before the effective date of this
amendatory Act of the 101st General Assembly, the legal matter
has not been resolved, and the contract was entered into in
violation of this subsection, the attorney shall, within 6
months after the effective date of this amendatory Act of the
101st General Assembly:
(1) inform the client that the attorney, or person on
behalf of the attorney, had previously made a false or
deceptive statement regarding the existence of a
settlement fund or payments to a resident of this State or
regarding a legal matter pending now or in the future
before a court in this State; and
(2) obtain the written consent of the client to allow
the attorney to continue to represent the client in the
pending legal matter.
(Source: Laws 1957, p. 2587.)