8-2005.Attorney's records.

Article VIII. Evidence · Part 20. Inspection of Records · Last amended 2014 · Last verified July 20, 2026

In one sentenceGives a client's authorized attorney the right to examine and copy the client's file from a prior attorney, apart from work product, once fee liens and other legal requirements are satisfied.

Full Text of 735 ILCS 5/8-2005

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This Section applies only if a client and his or her authorized attorney have complied with all applicable legal requirements regarding examination and copying of client files, including but not limited to satisfaction of expenses and attorney retaining liens.

Upon the request of a client, an attorney shall permit the client's authorized attorney to examine and copy the records kept by the attorney in connection with the representation of the client, with the exception of attorney work product. The request for examination and copying of the records shall be in writing and shall be delivered to the attorney. Within a reasonable time after the attorney receives the written request, the attorney shall comply with the written request at his or her office or any other place designated by him or her. At the time of copying, the person requesting the records shall reimburse the attorney for all reasonable expenses, including the costs of independent copy service companies, incurred by the attorney in connection with the copying not to exceed a $20 handling charge for processing the request, and the actual postage or shipping charges, if any, plus (1) for paper copies 75 cents per page for the first through 25th pages, 50 cents per page for the 26th through 50th pages, and 25 cents per page for all pages in excess of 50 (except that the charge shall not exceed $1.25 per page for any copies made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested. If the records system does not allow for the creation or transmission of an electronic or digital record, then the attorney shall inform the requester in writing of the reason the records cannot be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies. These rates shall be automatically adjusted as set forth in Section 8-2006. The attorney may, however, charge for the reasonable cost of all duplication of record material or information that cannot routinely be copied or duplicated on a standard commercial photocopy machine such as pictures.

An attorney shall satisfy the requirements of this Section within 60 days after he or she receives a request from a client or his or her authorized attorney. An attorney who fails to comply with the time limit requirement of this Section shall be required to pay expenses and reasonable attorney's fees incurred in connection with any court-ordered enforcement of the requirements of this Section.

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Plain-English Summary

This section applies only once the client and the authorized attorney seeking the file have already complied with applicable legal requirements around access, including satisfying expenses and attorney retaining liens. With that condition met, and on the client's request, the attorney holding the file must let the client's authorized attorney examine and copy the records kept in connection with representing the client — except attorney work product, which stays outside the right.

The request must be in writing, delivered to the attorney, who then complies within a reasonable time at the attorney's office or another designated place. The requester reimburses reasonable copying expenses under the same per-page and handling-charge structure used for health care records in Section 8-2001, with rates adjusted annually under Section 8-2006. An attorney who misses the 60-day deadline for complying must pay the requester's expenses and reasonable attorney's fees for any court-ordered enforcement.

Frequently Asked Questions

Who can invoke this section?

A client's authorized attorney seeking the client's file from a prior attorney, once liens and other legal prerequisites are satisfied.

Does this section cover the prior attorney's work product?

No — the section expressly excludes attorney work product from the examination-and-copying right.

What must the request look like?

A written request delivered to the attorney.

How much time does the attorney have to comply?

60 days after receiving the written request.

What are the fee limits for copying the file?

The same per-page and handling-charge structure used for health care records under Section 8-2001, adjusted annually as set out in Section 8-2006.

Amendment History

(Source: P.A. 98-756, eff. 7-16-14.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: illinois attorney client file transferattorney work product exception illinoisget client file from prior attorney illinoisattorney records copying fee illinois