Cases: Liens for Attorney Fees

Attorney Lien: Pursuing Lien In Underlying Action And Later Interpleader Action Gave Rise To Anti-SLAPP Motion Grant

Cases: Liens for Attorney Fees

Conduct Was Also Protected Under Civil Code Section 47 Litigation Privilege.      The First District, Division 5, in Beheshti v. Bartley, Case No. A122128 (1st Dist., Div. 5 Dec. 29, 2009) (unpublished), confronted a situation where an attorney was sued for intentional interference, conversion, and intentional/negligent infliction of emotional distress for pursuing his contractual attorney […]

Correction On Past Post: October 9, 2008 Post On Lu v. Grewal Has An Error

Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

Department of Corrections.           We do not claim to be infallible, and thank a reader who recently drew our attention to our October 9, 2008 post on Lu v. Grewal. In our synopsis, we erroneously said “Plaintiff was unhappy, appealed, and lost,” whereas it should have said “Defendants were unhappy, appealed, and lost.” We do

Attorneys’ Liens On Personal Injury Recovery: These Liens Have Priority Over Medical Liens Even If the Medical Liens Were First In Time And Attorneys Had Awareness of the Prior Medical Lien

Cases: Liens for Attorney Fees

  Third District Rules that Attorney’s Liens Have Priority Over Medical Liens in First Impression Case.      In personal injury cases, there is an inherent tension between medical liens—contractual liens granted by injured patients to medical providers or assignees that attach to monetary recoveries in personal injury cases—and attorneys’ liens—contractual liens granted by clients to

Attorney’s Fee Ethics: Orange County Law Article Covers Wide Range Of Topics

Cases: Class Actions, Cases: Ethics, Cases: Liens for Attorney Fees, Cases: Retainer Agreements

February 2009 Article by Carole Buckner Covers Many Ethical Issues.      In the February 2009 edition of the Orange County Lawyer, Carole J. Buckner writes an article, “Ethics Opinions Provide Guidance in Resolving Attorneys’ Fee Issues,” covering a wide-ranging array of ethical issues relating to attorney’s fees.      Here is a synopsis of issues discussed

First District Affirms and Reverses Attorney’s Fees Awards When One Party Provided Illegal Legal Referral Services

Cases: Liens for Attorney Fees

First District Also Discusses Impact of Unenforceable Attorney Lien Provision in a Contingency Fee Agreement.      The First District, Division One—in a convoluted set of facts—recently decided a case involving charges of illegal retainer agreements (because tainted by prohibited legal referral actions) and unenforceable attorney lien provisions. The case is Shopoff & Cavallo LLP v.

Here Is A Wild One: Prevailing Party Files Cost Memorandum (Not Motion) Seeking Fees, Gets Her Attorney’s Fees Request Cut In Half (But Still Awarded), and Has One of Her Attorneys Try To Enforce His Lien On Appeal (Despite No Trial Court Consideration

Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

Second District Affirms Lower Court Determinations in the “Wild One.”               Who says that unpublished decisions lack drama and all of emotions that go with litigation, even in posttrial attorney’s fees proceedings.  Not us, and the next case backs us up on this conclusion.                Lu v. Grewal, Case No B201355 (2d Dist.,

Attorney Lien: Former Clients Estopped To Challenge Judgment Resulting From Motion Proceeding Where They Stipulated To The Motion Procedure

Cases: Estoppel, Cases: Liens for Attorney Fees

Fourth District, Division Three So Holds in Unpublished Decision.             The general rule is that an attorney claiming an attorney lien over settlement proceeds or a judgment must file an independent action to establish the existence and amount of the lien, with any order granting attorney’s fees in the main action being

Contractual Attorney Lien–It Beat Out Secured Creditor Because a Commercial Tort Claim is not an Intangible at the Time of the Security Grant to the Bank

Cases: Liens for Attorney Fees

Third District Finds That Attorney Lien Prevailed Over Bank’s Recorded Secured Interest and Notices of Judgment Lien.             In our May 26, 2008 post, we reviewed Fletcher v. Davis and the requirements for creating an enforceable contractual lien for attorney’s fees.  We noted that the attorney lien is a “secret” lien that

CONTRACTUAL ATTORNEY LIENS IN HOURLY FEE MATTERS: PUT THEM IN WRITING AND COMPLY WITH RULE 3-300 – OR RISK LOSING THEM

Cases: Liens for Attorney Fees

Contractual Attorney Lien Provisions in Fee Agreements Need to Comply Strictly With Dictates of Fletcher v. Davis.             Many fee agreements that we see have contractual attorney lien provisions (sometimes called “charging liens”).  Charging liens are liens given by clients to attorneys so that the attorneys can recover fees from settlement or

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