HB 4128

Abstract

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.