(770 ILCS 5/0.01) (from Ch. 13, par. 13.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Attorneys Lien Act.
(Source: P.A. 86-1324.)
(770 ILCS 5/1) (from Ch. 13, par. 14)
Sec. 1.
Attorneys at law shall have a lien upon all claims, demands and
causes of action, including all claims for unliquidated damages, which may
be placed in their hands by their clients for suit or collection, or upon
which suit or action has been instituted, for the amount of any fee which
may have been agreed upon by and between such attorneys and their clients,
or, in the absence of such agreement, for a reasonable fee, for the
services of such suits, claims, demands or causes of action, plus costs
and expenses.
In the case of a claim, demand, or cause of action with respect to which
the total amount of all liens under the Health Care
Services Lien Act meets or exceeds 40% of the sum paid or due the injured
person, the total amount of all liens under this Act shall not exceed 30% of
the
sum
paid or due the injured person.
All
attorneys shall share proportionate amounts within this statutory limitation.
If an appeal is taken by any party to a suit based on the claim or cause of
action, however,
the attorney’s lien shall not
be affected or limited by the provisions of this Act.
To enforce such lien, such attorneys shall serve notice in
writing, which service may be made by registered or certified mail, upon
the party against whom their clients may have such suits, claims or causes
of action, claiming such lien and stating therein the interest they have in
such suits, claims, demands or causes of action. Such lien shall attach to
any verdict, judgment or order entered and to any money or property which
may be recovered, on account of such suits, claims, demands or causes of
action, from and after the time of service of the notice. On petition
filed by such attorneys or their clients any court of competent
jurisdiction shall, on not less than 5 days’ notice to the
adverse party, adjudicate the rights of the parties and enforce
the lien.
(Source: P.A. 93-51, eff. 7-1-03.)