Friday, July 5, 2013

Divorce Attorneys Get Charging Lien

The Connecticut Appellate Court has resolved an "important question" and held that an attorney's charging lien can arise as a matter of law to be applied to assets that are assigned to a party in a divorce action.

The court majority holds that the lien makes an attorney a priority creditor on the proceeds secured through the representation. This result is by operation of law without notice or filing requirements, when expessly or impliedly understood by the client.

A dissent would hold that the public policy interests that underpin Rule of Professional Conduct 1.5(d), which prohibits the charging of a contingent fee in a domestic action, apply here.

The dissent would thus hold that the charging lien does not arise as a matter of law. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/07/the-connecticut-appellate-court-has-resolved-an-important-question-and-held-that-an-attorneys-charging-lien-can-arise-as-a-ma.html

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