Tuesday, September 25, 2012

A Lien Not A Judgment

In a matter involving a law firm's efforts as a third party to secure payment of fees, the New York Appellate Division for the First Judicial Department held that the firm had not established a basis to award a money judgment:

The law firm was not entitled to entry of a money judgment. Although the amount of a charging lien may be determined and fixed before the outcome of the case, the charging lien does not provide for an immediately enforceable judgment against all assets of the former clients. Rather, the lien is security against a single asset of the client - a judgment or settlement reached in favor of the former client in the underlying matter. Since the record here does not show that there has been a final judgment in this action, the law firm's request for a money judgment was properly denied. Should the law firm wish to obtain a judgment enforceable against plaintiff's other assets, it can bring a separate plenary action. (citations omitted)

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/09/in-a-matter-involving-a-law-firms-efforts-as-a-third-party-to-secure-payment-of-fees-the-new-york-appellate-division-for-the.html

Clients, Law Firms | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017c3221b099970b

Listed below are links to weblogs that reference A Lien Not A Judgment:

Comments

Post a comment