Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 171 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 4896 amends the Code of Civil Procedure by establishing a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Requires that a person or persons seeking to commence an action under the Act each have a household income of under 80% of area median income as determined by the United States Department of Housing and Urban Development for the county where the lands or tenements are located; and that the person or persons bringing the action have conducted a search, with due diligence, for anyone who may have an ownership interest in the property.
• House Bill 5487 amends the Illinois Attorney Act to prohibit non‑lawyer‑controlled entities that are involved with a law firm or lawyer’s practice from interfering with the professional independence of attorneys. The bill prohibits such entities from, among other things, owning or determining the content of client records or attorney‑client communications, exercising control over or being delegated the authority to reveal the content of those records or communications, or controlling attorney hiring, firing, or performance standards. An attorney who violates these provisions may be subject to statutory damages of $10,000 per violation or 3 times the actual damages incurred by the client, whichever is greater. The bill applies only to: (i) licensed attorneys or law firms in Illinois with less than $300,000,000 in annual global revenue from legal services, or (ii) attorneys or firms that primarily operate on a contingent fee basis and have derived more than 50% of their revenue from such arrangements in each of the prior three calendar years. Upon request of the Attorney Registration and Disciplinary Commission or another appropriate governmental authority, or by court order, a licensed attorney or law firm may provide a sworn self-certification attesting to compliance with these provisions.
• Senate Bill 3291 authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a will that is defined as a document intended to be a testamentary instrument. Defines "depositor" as the person who is delivering the will for deposit and includes the testator, who is a resident in the county where the will is being deposited or a person authorized by court order. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of up to $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife. During the lifetime of the testator, the clerk may release the deposited will only to the testator in person upon proof of identity or pursuant to an order.