Cases: Liens for Attorney Fees

Liens For Attorney Fees, Prevailing Party: Assignee, Principal Of Client, Had Standing To Bring Declaratory Relief Action As To Contractual Attorney’s Lien Claimed By Prior Counsel

Cases: Liens for Attorney Fees, Cases: Prevailing Party

Given Reversal Of Judgment On The Pleadings On This Issue, There Was No Prevailing Party Yet Such That Law Firm Properly Denied Attorney’s Fees.             In Roth v. Epps & Coulson, LLP, Case Nos. B285265 et al. (2d Dist., Div. 4 Oct. 15, 2019) (unpublished), prior counsel of record ran into a rift with their […]

Liens For Attorney’s Fees, Settlement: Judgment Creditor’s Settlement And Release Of Judgment Debtor Did Not Release Interference Claims Against Judgment Creditor’s Attorney Obtaining Judgment Against Judgment Debtor

Cases: Liens for Attorney Fees, Cases: Settlement

Interference Claim Was Righteous And Not Released By Judgment Debtor’s Unilateral Settlement With Judgment Creditor.             Mancini & Associates v. Schwetz, Case No. B290498 (2d Dist., Div. 6 Sept. 4, 2019) (published) goes to show you that a client/judgment creditor has no ability to unilaterally release claims that client’s attorney has against a third-party judgment

Liens For Attorney Fees, Retainer Agreements: Broad Retainer Lien Language Relating To A Lien For General Representation Did Allow For Attorney’s Lien Claim Work

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

Also, Lien Claim Work Can Encompass Unrelated Work To A Specific Litigation Case.             In Callahan & Blaine v. Vogeler, Case No. G055912 (4th Dist., Div. 3 July 24, 2019) (unpublished), attorney-defendant in pro per balked at a contractual breach lawsuit brought by Callahan & Blaine—a well-known Orange County law firm—based on broad attorney lien

Liens For Attorney Fees, Retainer Agreements: ABA’s Formal Opinion 487 Clarifies Successor Counsel Duties In Contingency Case To Notify Client About Potential Repercussions With Respect To Original Counsel

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

Successor Counsel Has At Least A Warning Duty, And Successor Counsel May Have More Obligations If That Counsel Tries To Resolve Dispute With Prior Counsel.             We can report that the American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 487, for which we provide a hyperlink.  It deals with

Liens For Attorney Fees: Prior Counsel’s Senior Contractual Attorney Lien From Settlement Agreement Had Priority Over Subsequent Counsel’s Later Contractual Lien Set Forth In Retainer Agreement

Cases: Liens for Attorney Fees

Arbitration Found Settlement Agreement With Attorney Lien Was Valid, So Priority Was Clear Cut.             Arkius, Inc. v. Yeh, Case No. B271221 (2d Dist., Div. 1 July 3, 2018) (unpublished) was not a hard call for either the trial or appellate courts. In this case, a prior counsel reached a settlement with the client by

Liens For Attorneys Fees:  Martinez Decision Now Published

Cases: Liens for Attorney Fees

Dealt With Statutorily Mandated Reduction With Respect to Medi-Cal Liens From A Med Malpractice Settlement.             In a December 19, 2017 post, we discussed Martinez v. Dept. of Health Care Services, Case No. B278117 (2d Dist., Div. 6, filed Dec. 13, 2017), which was unpublished at the time.  The opinion on appeal made a 25%

Lien For Attorney Fees:  Attorney Properly Following Attorney Lien And Security Foreclosure Procedures Was Entitled To Obtain Property Which Was Security For Fees

Cases: Liens for Attorney Fees

Attorney “Went By The Book” In Our Read Of Things In Obtaining Ultimate Victory.             In Garcia-Bolio v. Hibernian Properties, LLC, Case No. F073973 (5th Dist. Jan. 5, 2018) (unpublished), an attorney took a lien in a contingency agreement and then in the litigation received a lien against the residence of the client (a residence

Family Law, Lien For Attorney Fees, Probate:  Wife Had Authority Under Family Law Equal Management Principles To Engage Attorney For Personal Injuries Incurred By Incapacitated Husband

Cases: Family Law, Cases: Liens for Attorney Fees, Cases: Probate

Also, In Contested Probate Proceedings, An Evidentiary Hearing Is Required Unless Parties Stipulate To Using Affidavits Or Declarations.             Maldonado v. Giblin, Case No. H041417 (6th Dist. Dec. 27, 2017) (unpublished) is a prime example showing how appellate jurists are attuned to gender equality issues and legislative changes aimed at promoting such equality in the

Liens For Attorney Fees:  Medi-Cal Lien Had To Be Reduced By 25% Based on Specialized Welfare and Institutions Code Section Allowing For Attorney Fee Services Reduction

Cases: Liens for Attorney Fees

Section 14124.72(d) Is the Particular Statutory Section.             The California Department of Health Care Services can bring a claim to determine the amount of a Medi-Cal lien after a settlement of a plaintiff’s medical malpractice action, generally a lien where Medi-Cal made payments to repair the damage caused by the negligent doctor.  In Martinez v.

Liens For Attorney’s Fees/Judgment Enforcement/Retainer Agreements:  Two Unpublished Decisions Discuss These Issues

Cases: Judgment Enforcement, Cases: Liens for Attorney Fees, Cases: Retainer Agreements

Attorney’s Liens/Retainer Agreements—Primo Hospitality Group, Inc. v. The Americana At Brand, LLC, Case No. B271188 (2d Dist., Div. 5 Nov. 17, 2017) (Unpublished).             In this case, which involved some interesting third-party creditor and offset issues of interest to judgment collection attorneys, the appellate court did agree that attorney’s liens do not have to comply

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