Tuesday, March 23, 2010
The State of Washington Court of Appeals held that a trial court was not authorized to reduce an attorney lien to an independant judgment and reversed the foreclosure of the lien. The attorney had represented the client in a postdissolution proceeding and claimed fees of almost $5,000.00. A notice of claim of lien was filed under the number of the underlying case. The trial court entered judgment in favor of the attorney.
The court here held that statutory summary adjudication procedures are limited to liens asserted against money or papers of the client and "do not apply to attorney liens on judgments." The attorney "never identified any judgment to which an attorney lien could lawfully attach." (Mike Frisch)