HB 4128 Illinois House · 102nd Regular Session

ATTORNEY ACT-CLIENT PROPERTY

Summary
Amends the Attorney Act. Provides that if an attorney has received, in the course of collection or settlement of any claim left with him or her for collection or settlement, any money or other property belonging to any client, and, upon demand made, and a tender of his or her reasonable fees and expenses, refuses or neglects to pay over or deliver the same to the client, it shall be lawful for the client to, among other things: (1) request that the attorney provide an accounting of any and all money or other property belonging to the client in the possession of the attorney; and (2) request that the attorney deliver any and all money or other property belonging to the client in the possession of the attorney. Provides that an attorney who receives a request for an accounting shall provide the client with a full and accurate accounting of any and all money or property belonging to the client in the possession of the attorney within 30 days. Provides that an attorney who receives a request for delivery shall delivery any and all money or property belonging to the client in the possession of the attorney within 30 days. Provides that an attorney who knowingly violates a request for accounting or request for delivery for the express purpose of misappropriating money or property belonging to the client shall forfeit any and all rights and claims that the attorney may have otherwise held in such money or property or any portion thereof. Provides that the client may elect to enforce violations in the same court proceeding from which the money or property at issue was derived or through a separate action. Allows the court, upon a showing of cause for the issuance of injunctive relief, to issue such temporary restraining orders, preliminary injunctions, and permanent injunctions as may be appropriate. Allows the court to award reasonable attorney's fees, costs, and expenses to the prevailing party.
Bill status failed 1 of 4 stages cleared
Introduction
Aug 2021
Committee Review
Floor Vote
Governor
Introduced Aug 19, 2021 Last action Jan 10, 2023
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
1
Sep 3, 2021
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bob Morgan
Bob Morgan
DDemocratic
IL
58