Attorney’s lien upon actions and judgments
Source:
Section 87.445 — Attorney’s lien upon actions and judgments, https://www.oregonlegislature.gov/bills_laws/ors/ors087.html.
Notes of Decisions
Where there was no evidence in record that clients expected to be accountable for fees of attorney associated with lead counsel and agreement was that lead counsel would pay associated attorneys, lien for reasonable value of associate’s services as measured by quantum meruit did not arise under this section. Hohn v. Oregon Physicians’ Service, 786 F2d 1353 (1985)
Payment of settlement amount by defendant to plaintiff does not excuse defendant from liability for attorney’s lien by plaintiff’s attorney. Potter v. Schlesser Co., Inc., 335 Or 209, 63 P3d 1172 (2003)
Lien is charge on action, suit or proceeding, not on proceeds derived from action, suit or proceeding. Pereira v. Thompson, 230 Or App 640, 217 P3d 236 (2009)
When full payment is made directly to attorney’s client before attorney files lien claim notice for judgment, judgment and money award are satisfied and attorney’s lien is extinguished. Jones v. Bhattacharyya, 305 Or App 503, 471 P3d 135 (2020), as modified by 307 Or App 200, 474 P3d 464 (2020)
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