Bill Amendment: IL HB5487 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LAW FIRM OWNERSHIP
Status: 2026-06-26 - Sent to the Governor [HB5487 Detail]
Download: Illinois-2025-HB5487-House_Amendment_001.html
Bill Title: LAW FIRM OWNERSHIP
Status: 2026-06-26 - Sent to the Governor [HB5487 Detail]
Download: Illinois-2025-HB5487-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 5487 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5487 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Attorney Act is amended by adding Section | ||||||
| 5 | 13 as follows: | ||||||
| 6 | (705 ILCS 205/13 new) | ||||||
| 7 | Sec. 13. Protection of clients. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Alternative business structure" means any entity that | ||||||
| 10 | provides legal services while allowing non-attorney ownership | ||||||
| 11 | or decision-making authority of the entity. | ||||||
| 12 | "Alternative business structure" does not include | ||||||
| 13 | nonprofit organizations. | ||||||
| 14 | "Management services organization" means an entity that | ||||||
| 15 | provides management and administrative support services in | ||||||
| 16 | exchange for ownership of a law firm's assets or payments. | ||||||
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| 1 | (b) An entity owned, operated, or controlled in whole or | ||||||
| 2 | in part by persons not licensed as attorneys, including | ||||||
| 3 | management services organizations, that is involved with a law | ||||||
| 4 | firm or lawyer's practice may not do any of the following: | ||||||
| 5 | (1) Interfere with the professional judgment of | ||||||
| 6 | attorneys in representing clients. | ||||||
| 7 | (2) Exercise control over or be delegated the power to | ||||||
| 8 | do any of the following: | ||||||
| 9 | (A) accessing, owning, or determining the content | ||||||
| 10 | of client records, or accessing any attorney-client | ||||||
| 11 | communications; | ||||||
| 12 | (B) selecting, hiring, or terminating attorneys or | ||||||
| 13 | allied legal staff; or | ||||||
| 14 | (C) setting competency, productivity, or | ||||||
| 15 | proficiency parameters for attorneys or allied legal | ||||||
| 16 | staff. | ||||||
| 17 | (3) Charge any fee to the attorney or law firm that is | ||||||
| 18 | directly or indirectly based on the fees, revenues, or | ||||||
| 19 | profits of the attorney or law firm. | ||||||
| 20 | (c) Any contract involving management of a law firm or | ||||||
| 21 | attorney's practice with any entity owned, operated, or | ||||||
| 22 | controlled by persons not licensed as attorneys, including | ||||||
| 23 | management services organizations, may not limit an attorney | ||||||
| 24 | or allied legal staff member from: | ||||||
| 25 | (1) competing with that law firm or practice in the | ||||||
| 26 | event of termination or resignation; or | ||||||
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| 1 | (2) disparaging or commenting on that law firm or | ||||||
| 2 | practice as to any issues involving quality of services, | ||||||
| 3 | ethical or professional challenges in the practice of law, | ||||||
| 4 | or revenue-increasing strategies employed by an entity | ||||||
| 5 | owned, operated, or controlled in whole or in part by | ||||||
| 6 | persons not licensed as attorneys. | ||||||
| 7 | (d) An attorney licensed or otherwise authorized to | ||||||
| 8 | practice in this State may not share legal fees directly or | ||||||
| 9 | indirectly with an out-of-state alternative business structure | ||||||
| 10 | unless all the following apply: | ||||||
| 11 | (1) The attorney is also licensed in the state in | ||||||
| 12 | which the alternative business structure is approved. | ||||||
| 13 | (2) The fees are compensation for providing legal | ||||||
| 14 | services in that state. | ||||||
| 15 | (3) The law of that state is controlling under Rule | ||||||
| 16 | 8.5 of the Illinois Rules of Professional Conduct or any | ||||||
| 17 | successor rule. | ||||||
| 18 | (e) A violation of this Section may constitute cause for | ||||||
| 19 | the imposition of discipline by the Attorney Registration and | ||||||
| 20 | Disciplinary Commission and subject the attorney to the | ||||||
| 21 | following penalties: | ||||||
| 22 | (1) statutory damages of $10,000 per violation or 25 | ||||||
| 23 | times the actual damages incurred by the client, whichever | ||||||
| 24 | is greater; | ||||||
| 25 | (2) attorney's fees and costs; and | ||||||
| 26 | (3) injunctive or declaratory relief. | ||||||
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| 1 | (f) This Section does not apply to any arrangement for the | ||||||
| 2 | sharing of legal fees if both of the following conditions are | ||||||
| 3 | satisfied: | ||||||
| 4 | (1) The arrangement for the sharing of legal fees was | ||||||
| 5 | ordered or approved by a court or tribunal of competent | ||||||
| 6 | jurisdiction, including, but not limited to, the | ||||||
| 7 | establishment or distribution of a common benefit fund in | ||||||
| 8 | coordinated, consolidated, or multidistrict litigation. | ||||||
| 9 | (2) The manner by which legal fees are to be allocated | ||||||
| 10 | is subject to judicial or tribunal oversight and | ||||||
| 11 | determined by the court to be fair, reasonable, and | ||||||
| 12 | necessary for the administration of justice. | ||||||
| 13 | (g) This Section applies only to contracts entered into on | ||||||
| 14 | or after the effective date of this amendatory Act of the 104th | ||||||
| 15 | General Assembly. | ||||||
| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.". | ||||||
