Second Attorney Obtaining A Recovery Does Not Have To Wait For Clients’ Former Attorney To Bring A Separate Individual Action Against The Clients.
In Jacobs v. Papez, Case No. C100761 (3d Dist. Mar. 13, 2026) (published), which involved dueling claims by two attorneys to enforce lien rights against clients’ settlement, the Third District held “that bringing a single action for declaratory relief against both the clients and a competing attorney lien claimant is a permissible way for an attorney to enforce an attorney lien claim on the proceeds of a settlement or judgment. Contrary to the trial court’s view, the attorney who obtains a recovery for his or her clients need not wait for the clients’ former attorney to first bring an individual separate action against the clients.” (The declaratory relief action was separate from the underlying personal injury suit, so that prohibition was avoided.)