Wednesday, April 22, 2009

Any Party on Notice of Attorney Lien has Duty to Protect Rights of Lienor

On rehearing in Hall, Lamb & Hall, P.A. v. Sherlon Investments Corp. (3D07-2783) the Third DCA held that to perfect a charging lien "the lienor-attorney need only demonstrate that he or she provided the parties to the litigation with timely notice of the interest." When both plaintiff and defendant are aware of the attorney lien, both are responsible to inform the lienor, or the court, in order to protect the lienors rights.


Steve Robertson said...

Can an out-of state attorney impose a charging lien? NC judgment in contingency case. Judgment registered in FL where both parties now reside and where all property is. Can the FL attorney trying to enforce the judgment also enforce the out of state (attorney unlicensed in FL) lien?

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