Bill Text: IL HB5487 | 2025-2026 | 104th General Assembly | Enrolled
Bill Title: Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Specifies that the provisions added by the amendatory Act apply only to (i) a licensed attorney or law firm operating in Illinois with annual global revenue from that licensed attorney's or law firm's provision of legal services that is less than $300,000,000 or (ii) a licensed attorney or law firm that regularly represents clients on a contingent fee basis, where the fee is based on the resolution or outcome of actual or threatened private litigation, and that has derived more than 50% of the attorney's or law firm's revenues from the contingent fee arrangements in each of the previous 3 calendar years. Provides that, upon request of the Attorney Registration and Disciplinary Commission or other governmental authority or agency charged with administering or enforcing the provisions, or upon order of a court of competent jurisdiction, a licensed attorney or law firm shall be permitted to provide a self-certification attesting, under oath, to certain facts. Makes other changes effective immediately.
Sponsorship: Partisan Bill (Democrat 12)
Status: (Enrolled) 2026-06-26 - Sent to the Governor [HB5487 Detail]
Download: Illinois-2025-HB5487-Enrolled.html
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| 1 | AN ACT concerning civil law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 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 | "Allied legal staff" means persons who are not licensed as | ||||||
| 10 | attorneys and may have access to attorney-client and | ||||||
| 11 | work-product privileged information in their work, including, | ||||||
| 12 | but not limited to, paralegals and legal assistants. | ||||||
| 13 | "Alternative business structure" means any entity that | ||||||
| 14 | provides legal services and allows persons who are not | ||||||
| 15 | licensed as attorneys to have ownership or decision-making | ||||||
| 16 | authority. "Alternative business structure" does not include | ||||||
| 17 | nonprofit organizations. | ||||||
| 18 | "Management services organization" means an entity that | ||||||
| 19 | provides management and administrative support services in | ||||||
| 20 | exchange for ownership of a law firm's assets or payments. | ||||||
| 21 | (b) The provisions of this Section apply only to: | ||||||
| 22 | (1) a licensed attorney or law firm operating in | ||||||
| 23 | Illinois with annual global revenue from that licensed | ||||||
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| 1 | attorney's or law firm's provision of legal services that | ||||||
| 2 | is less than $300,000,000; in determining a licensed | ||||||
| 3 | attorney's or law firm's revenue for purposes of this | ||||||
| 4 | paragraph (1), the determination shall be: | ||||||
| 5 | (A) made by taking into account the global revenue | ||||||
| 6 | of any partnership or law firm affiliated with the | ||||||
| 7 | licensed attorney or law firm, whether or not the | ||||||
| 8 | affiliated partnership or other law firm is domiciled | ||||||
| 9 | in Illinois; and | ||||||
| 10 | (B) based on publicly-available information; and | ||||||
| 11 | (2) a licensed attorney or law firm that regularly | ||||||
| 12 | represents clients on a contingent fee basis, where the | ||||||
| 13 | fee is based on the resolution or outcome of actual or | ||||||
| 14 | threatened private litigation, and that has derived more | ||||||
| 15 | than 50% of the attorney's or law firm's revenues from the | ||||||
| 16 | contingent fee arrangements in each of the preceding 3 | ||||||
| 17 | calendar years; in determining a licensed attorney's or | ||||||
| 18 | law firm's revenue for purposes of this paragraph (2), the | ||||||
| 19 | determination shall be made by taking into account the | ||||||
| 20 | gross global revenue of the attorney or law firm, together | ||||||
| 21 | with any partnership or law firm affiliated with such | ||||||
| 22 | attorney or law firm, whether or not such affiliated | ||||||
| 23 | partnership or other law firm is domiciled in Illinois. | ||||||
| 24 | Upon request of the Attorney Registration and Disciplinary | ||||||
| 25 | Commission or another governmental authority or agency charged | ||||||
| 26 | with administering or enforcing the provisions of this | ||||||
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| 1 | Section, or upon order of a court of competent jurisdiction, a | ||||||
| 2 | licensed attorney or law firm shall be permitted to provide a | ||||||
| 3 | self-certification attesting, under oath, to the fact that (i) | ||||||
| 4 | the licensed attorney's or law firm's annual global revenue is | ||||||
| 5 | more or less than $300,000,000, (ii) the licensed attorney or | ||||||
| 6 | law firm regularly represents clients on a contingent fee | ||||||
| 7 | basis, as that term is used in this subsection, and derived | ||||||
| 8 | more or less than 50% of the licensed attorney's or law firm's | ||||||
| 9 | revenues from contingent fee arrangements in each of the | ||||||
| 10 | previous 3 calendar years, as determined in accordance with | ||||||
| 11 | this subsection, or (iii) both (i) and (ii). | ||||||
| 12 | (c) Any attorney or law firm subject to this Section that | ||||||
| 13 | is party to an agreement with a management services | ||||||
| 14 | organization must disclose in all attorney-client contracts | ||||||
| 15 | that the attorney or law firm is party to such an agreement and | ||||||
| 16 | the material terms of the agreement. Failure to comply with | ||||||
| 17 | this duty will subject the lawyer or law firm to the provisions | ||||||
| 18 | of subsection (g). | ||||||
| 19 | (d) An entity owned, operated, or controlled in whole or | ||||||
| 20 | in part by persons not licensed as attorneys, including | ||||||
| 21 | management services organizations, that is involved with a law | ||||||
| 22 | firm's or attorney's practice may not do any of the following: | ||||||
| 23 | (1) interfere with the professional judgment of | ||||||
| 24 | attorneys in representing clients; | ||||||
| 25 | (2) exercise control over or be delegated the power to | ||||||
| 26 | do any of the following: | ||||||
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| 1 | (A) to reveal, own, or determine the content of | ||||||
| 2 | client records or to reveal any attorney-client | ||||||
| 3 | communications; | ||||||
| 4 | (B) to select, hire, or terminate attorneys or | ||||||
| 5 | allied legal staff; or | ||||||
| 6 | (C) to set competency, productivity, or | ||||||
| 7 | proficiency parameters for attorneys or allied legal | ||||||
| 8 | staff; | ||||||
| 9 | (3) charge any fee to the attorney or law firm that is | ||||||
| 10 | directly or indirectly based on the attorney's fees, | ||||||
| 11 | revenues, or profits of the attorney or law firm. | ||||||
| 12 | The prohibition in paragraph (3) of this subsection does | ||||||
| 13 | not apply to the repayment of a loan or extension of credit the | ||||||
| 14 | attorney or law firm is obligated to repay if that the amount | ||||||
| 15 | of the borrower's obligation is not contingent upon or | ||||||
| 16 | calculated on the basis of the borrower's attorney's fees, | ||||||
| 17 | revenues, profits, or other financial performance. | ||||||
| 18 | (e) Any contract involving management of a law firm or an | ||||||
| 19 | attorney's practice with any entity owned, operated, or | ||||||
| 20 | controlled by persons not licensed as attorneys, including | ||||||
| 21 | management services organizations, may not limit an attorney | ||||||
| 22 | or allied legal staff member from: | ||||||
| 23 | (1) competing with that law firm or its practice in | ||||||
| 24 | the event of termination or resignation; or | ||||||
| 25 | (2) disparaging or commenting on that law firm or | ||||||
| 26 | practice as to any issues involving quality of services, | ||||||
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| 1 | ethical or professional challenges in the practice of law, | ||||||
| 2 | or revenue-increasing strategies employed by an entity | ||||||
| 3 | owned, operated, or controlled in whole or in part by | ||||||
| 4 | persons not licensed as attorneys. | ||||||
| 5 | (f) An attorney licensed or otherwise authorized to | ||||||
| 6 | practice in this State may not share legal fees directly or | ||||||
| 7 | indirectly with an out-of-state alternative business structure | ||||||
| 8 | unless all the following apply: | ||||||
| 9 | (1) The attorney is also licensed in the state in | ||||||
| 10 | which the alternative business structure is approved. | ||||||
| 11 | (2) The fees are compensation for providing legal | ||||||
| 12 | services in that state. | ||||||
| 13 | (3) The law of that state is controlling under Rule | ||||||
| 14 | 8.5 of the Illinois Rules of Professional Conduct or any | ||||||
| 15 | successor rule. | ||||||
| 16 | (g) A violation of this Section may constitute cause for | ||||||
| 17 | the imposition of discipline by the Attorney Registration and | ||||||
| 18 | Disciplinary Commission and subject the attorney, the | ||||||
| 19 | management services organization, and the alternative business | ||||||
| 20 | structure to the following penalties: | ||||||
| 21 | (1) statutory damages of $10,000 per violation or 3 | ||||||
| 22 | times the actual damages incurred by the client, whichever | ||||||
| 23 | is greater; | ||||||
| 24 | (2) attorney's fees and costs; and | ||||||
| 25 | (3) injunctive or declaratory relief. | ||||||
| 26 | (h) This Section does not apply to any arrangement for the | ||||||
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| 1 | sharing of legal fees if both of the following conditions are | ||||||
| 2 | satisfied: | ||||||
| 3 | (1) The arrangement for the sharing of legal fees was | ||||||
| 4 | ordered or approved by a court or tribunal of competent | ||||||
| 5 | jurisdiction, including, but not limited to, the | ||||||
| 6 | establishment or distribution of a common benefit fund in | ||||||
| 7 | coordinated, consolidated, or multidistrict litigation. | ||||||
| 8 | (2) The manner by which legal fees are to be allocated | ||||||
| 9 | is subject to judicial or tribunal oversight and | ||||||
| 10 | determined by the court to be fair, reasonable, and | ||||||
| 11 | necessary for the administration of justice. | ||||||
| 12 | (i) This Section applies only to contracts entered into on | ||||||
| 13 | or after the effective date of this amendatory Act of the 104th | ||||||
| 14 | General Assembly. | ||||||
| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law. | ||||||
