Illinois law sets rules for some lawyers and law firms working with outside management groups, including what they tell clients and which fee-sharing arrangements they can use.
Covered lawyers and law firms must tell clients in their contracts when they have an agreement with a management group and explain its important terms.
Outside owners and managers cannot interfere with lawyers’ judgment or control key client, staffing, or work decisions. They also cannot tie their fees to the practice’s income, and contracts cannot bar certain speech or competition after a lawyer leaves.
Illinois lawyers can share fees with an out-of-state legal business only if licensing, work, and state-law conditions are met. Violations may bring discipline, damages, legal costs, or a court order, with an exception for court-approved fee sharing.
Covered lawyers and law firms must disclose certain management agreements in client contracts. The rule covers an attorney or law firm subject to this section that has an agreement with an organization providing management or administrative support in exchange for firm assets or payments. The contract must disclose that the lawyer or firm has the agreement and explain its material terms. This applies to contracts entered into on or after the law’s effective date.
Outside owners and managers involved with covered law practices may not interfere with lawyers’ judgment or control specified parts of the practice. These rules cover entities owned, run, or controlled in whole or in part by people who are not lawyers when they are involved with a covered lawyer’s or law firm’s practice. They may not control client records or communications, hiring or firing lawyers or legal staff, or work standards for those people. They may not charge fees based directly or indirectly on the practice’s fees, revenue, or profits. This does not bar a loan repayment when the amount owed is not based on the borrower’s financial performance. A management contract may not stop a lawyer or legal staff member from competing after leaving, or from speaking about service quality, professional or ethical problems, or revenue strategies. These rules apply to contracts entered into on or after the law’s effective date.
Illinois lawyers may not share legal fees with an out-of-state alternative legal business unless specified conditions are met; violations may lead to discipline and other remedies. The fee-sharing rule applies to an attorney licensed or authorized to practice in Illinois. The section applies only to an attorney or law firm with annual global legal-service revenue below $300 million and with more than half of its revenue from qualifying contingency fees in each of the preceding three calendar years. The lawyer must also be licensed in the other state, the fees must pay for legal work there, and that state’s law must govern under the professional conduct rule. A violation may lead to professional discipline. The lawyer, management organization, or alternative legal business may face damages of $10,000 per violation or three times the client’s actual damages, whichever is greater, plus legal fees and costs; a court may also order other relief. The section does not apply to fee-sharing arrangements approved and overseen by a court or tribunal that finds the allocation fair, reasonable, and needed for the administration of justice. The section applies to contracts entered into on or after the law’s effective date.
No hearings or votes scheduled.