Thursday, June 13, 2013

This Act may be cited as the Illinois Corporation Practice of Law Prohibition Act. (Source: P.A. 86-1324.)

This Act may be cited as the Illinois Corporation Practice of Law Prohibition Act. (Source: P.A. 86-1324.)

Whereas pursuant to; Sec. 1. It shall be unlawful for a corporation to practice law or appear as an attorney at law for any reason in any court in this state or before any judicial body, or to make it a business to practice as an attorney at law for any person in any said courts or to hold itself out to the public as being entitled to practice law or to render or furnish legal services or advice or to furnish attorneys or counsel or to render legal services of any kind in actions or proceedings of any nature or in any other way or manner to assume to be entitled to practice law, or to assume, use and advertise the title of lawyers or attorney, attorney at law, or equivalent terms in any language in such manner as to convey the impression that it is entitled to practice law, or to furnish legal advice, furnish attorneys or counsel, or to advertise that either alone or together with, or by or through, any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts or maintains a law office or an office for the practice of law or for furnishing legal advice, services or counsel. (Source: Laws 1917, p. 309.)

Whereas pursuant to; Sec. 2. It shall be unlawful for any corporation to solicit by itself or by or through its officer, agent or employee, any claim or demand for the purpose of bringing an action at law thereon, or for furnishing legal advice, services or counsel, to a person sued or about to be sued in any action or proceeding, or against whom an action or proceeding has been or is about to be brought or who may be affected by any action or proceeding which has been or may be instituted in any court or before any judicial body or for the purpose of so representing any person as attorney or counsel in securing or attempting to secure any civil remedy. (Source: Laws 1917, p. 309.)

 Whereas pursuant to; Sec. 3. Any corporation violating the provisions of this Act shall be guilty of a petty offense, and shall be fined not to exceed $500, and every officer, trustee, director, agent or employee of such corporation who directly or indirectly engages in any of the acts herein prohibited or assists such corporation to do any such prohibited act or acts is guilty of a petty offense. (Source: P.A. 77-2380.)

Whereas pursuant to; Sec. 4. The fact that any such officer, trustee, agent or employee shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation to do the acts prohibited herein, nor shall such fact constitute a defense upon the trial of any of the persons mentioned herein for a violation of the provisions of this act. (Source: Laws 1917, p. 309.)

Whereas pursuant to; Sec. 5. Nothing contained in this act shall prohibit a corporation from employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may be a party, or in any litigation in which any corporation may be interested by reason of the issuance of any policy or undertaking of insurance, guarantee or indemnity, nor shall it apply to associations organized for benevolent or charitable purposes or for assisting persons without means in the pursuit of any civil remedy or the presentation of a defense in courts of law, nor shall it apply to duly organized corporations lawfully engaged in the mercantile or collection business or to corporations organized not for pecuniary profit.


Nothing herein contained shall be construed to prevent a corporation from furnishing to any person, lawfully engaged in the practice of the law, such information or such clerical services in and about his professional work as, except for the provisions of this act, may be lawful, provided, that at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his clients for the information and services so received. But no corporation shall be permitted to render any services which cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer.

Nothing contained in this Act shall be construed to prohibit a corporation from prosecuting as plaintiff or defending as defendant any small claims proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation as authorized by Section 2-416 of the Code of Civil Procedure. (Source: P.A. 83-909.)


3 comments:

Anonymous said...

So in plain English what does this mean?
My interpretation is that a Corporatate lawyer cannot participate in a criminal procecution or criminal defense.
Can anyone explain this to me in plain English?

Anonymous said...

Corporate lawyers are basically lawyers who tend to legal issues for CORPORATIONS.
This is the BAR trying to keep them out of court cases because they know more than the average BAR member since they specialize in certain areas of corporate law.
The thing I find interesting is municipal/city attorneys and what will the effect be on them, since municipalities are CORPORATIONS and city attorneys usually act as prosecutors at city court hearings.
- W

Anonymous said...

Legal fictions - such as that of corporations - being artificial persons, are lawfully restricted from "entering into contracts" with "live flesh-and-blood human beings," and are lawfully restricted to using only "UPPER-CASE" letters with regards to their title identification upon all contracts and legal papers. This is to legally/lawfully distinguish them from live flesh-and-blood "people" so to prevent them from ever imprisoning human beings as slaves. This has remained well-grounded, well-established mandate for hundreds of years. An early landmark Supreme Court case from the year 1795 further defined this grounded fact very well…

Penhallow v. Doane's Administrators (3 U.S. 54; 1 L.Ed 57; Dall. 54), defines goverments succently:
"Governments are Corporations." Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary having neither actuality nor substance - is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. therefore, can concern itself with anything other than corporate, artificial persons and contracts between them"