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-Senate_Amendment_002.html

Sen. Michael E. Hastings

Filed: 5/28/2026

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5487

2    AMENDMENT NO. ______. Amend House Bill 5487, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Attorney Act is amended by adding Section
613 as follows:
 
7    (705 ILCS 205/13 new)
8    Sec. 13. Protection of clients.
9    (a) As used in this Section:
10    "Allied legal staff" means persons who are not licensed as
11attorneys and may have access to attorney-client and
12work-product privileged information in their work, including,
13but not limited to, paralegals and legal assistants.
14    "Alternative business structure" means any entity that
15provides legal services and allows persons who are not
16licensed as attorneys to have ownership or decision-making

 

 

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1authority. "Alternative business structure" does not include
2nonprofit organizations.
3    "Management services organization" means an entity that
4provides management and administrative support services in
5exchange for ownership of a law firm's assets or payments.
6    (b) The provisions of this Section apply only to:
7        (1) a licensed attorney or law firm operating in
8    Illinois with annual global revenue from that licensed
9    attorney's or law firm's provision of legal services that
10    is less than $300,000,000; in determining a licensed
11    attorney's or law firm's revenue for purposes of this
12    paragraph (1), the determination shall be:    
13            (A) made by taking into account the global revenue
14        of any partnership or law firm affiliated with the
15        licensed attorney or law firm, whether or not the
16        affiliated partnership or other law firm is domiciled
17        in Illinois; and
18            (B) based on publicly-available information; and    
19        (2) a licensed attorney or law firm that regularly
20    represents clients on a contingent fee basis, where the
21    fee is based on the resolution or outcome of actual or
22    threatened private litigation, and that has derived more
23    than 50% of the attorney's or law firm's revenues from the
24    contingent fee arrangements in each of the preceding 3
25    calendar years; in determining a licensed attorney's or
26    law firm's revenue for purposes of this paragraph (2), the

 

 

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1    determination shall be made by taking into account the
2    gross global revenue of the attorney or law firm, together
3    with any partnership or law firm affiliated with such
4    attorney or law firm, whether or not such affiliated
5    partnership or other law firm is domiciled in Illinois.    
6    Upon request of the Attorney Registration and Disciplinary
7Commission or another governmental authority or agency charged
8with administering or enforcing the provisions of this
9Section, or upon order of a court of competent jurisdiction, a
10licensed attorney or law firm shall be permitted to provide a
11self-certification attesting, under oath, to the fact that (i)
12the licensed attorney's or law firm's annual global revenue is
13more or less than $300,000,000, (ii) the licensed attorney or
14law firm regularly represents clients on a contingent fee
15basis, as that term is used in this subsection, and derived
16more or less than 50% of the licensed attorney's or law firm's
17revenues from contingent fee arrangements in each of the
18previous 3 calendar years, as determined in accordance with
19this subsection, or (iii) both (i) and (ii).
20    (c) Any attorney or law firm subject to this Section that
21is party to an agreement with a management services
22organization must disclose in all attorney-client contracts
23that the attorney or law firm is party to such an agreement and
24the material terms of the agreement. Failure to comply with
25this duty will subject the lawyer or law firm to the provisions
26of subsection (g).    

 

 

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1    (d) An entity owned, operated, or controlled in whole or
2in part by persons not licensed as attorneys, including
3management services organizations, that is involved with a law
4firm's or attorney'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) to access, own, or determine the content of
10        client records or to access any attorney-client
11        communications;
12            (B) to select, hire, or terminate attorneys or
13        allied legal staff; or
14            (C) to set 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 attorney's fees,
19    revenues, or profits of the attorney or law firm.
20    The prohibition in paragraph (3) of this subsection does
21not apply to the repayment of a loan or extension of credit the
22attorney or law firm is obligated to repay if that the amount
23of the borrower's obligation is not contingent upon or
24calculated on the basis of the borrower's attorney's fees,
25revenues, profits, or other financial performance.
26    (e) Any contract involving management of a law firm or an

 

 

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1attorney's practice with any entity owned, operated, or
2controlled by persons not licensed as attorneys, including
3management services organizations, may not limit an attorney
4or allied legal staff member from:
5        (1) competing with that law firm or its practice in
6    the event of termination or resignation; or
7        (2) disparaging or commenting on that law firm or
8    practice as to any issues involving quality of services,
9    ethical or professional challenges in the practice of law,
10    or revenue-increasing strategies employed by an entity
11    owned, operated, or controlled in whole or in part by
12    persons not licensed as attorneys.
13    (f) An attorney licensed or otherwise authorized to
14practice in this State may not share legal fees directly or
15indirectly with an out-of-state alternative business structure
16unless all the following apply:
17        (1) The attorney is also licensed in the state in
18    which the alternative business structure is approved.
19        (2) The fees are compensation for providing legal
20    services in that state.
21        (3) The law of that state is controlling under Rule
22    8.5 of the Illinois Rules of Professional Conduct or any
23    successor rule.
24    (g) A violation of this Section may constitute cause for
25the imposition of discipline by the Attorney Registration and
26Disciplinary Commission and subject the attorney, the

 

 

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1management services organization, and the alternative business
2structure to the following penalties:
3        (1) statutory damages of $10,000 per violation or 3
4    times the actual damages incurred by the client, whichever
5    is greater;
6        (2) attorney's fees and costs; and
7        (3) injunctive or declaratory relief.
8    (h) This Section does not apply to any arrangement for the
9sharing of legal fees if both of the following conditions are
10satisfied:
11        (1) The arrangement for the sharing of legal fees was
12    ordered or approved by a court or tribunal of competent
13    jurisdiction, including, but not limited to, the
14    establishment or distribution of a common benefit fund in
15    coordinated, consolidated, or multidistrict litigation.
16        (2) The manner by which legal fees are to be allocated
17    is subject to judicial or tribunal oversight and
18    determined by the court to be fair, reasonable, and
19    necessary for the administration of justice.
20    (i) This Section applies only to contracts entered into on
21or after the effective date of this amendatory Act of the 104th
22General Assembly.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".
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