Legal Question in Business Law in California

Re: Lien

The answer is basically no; an ordinary commercial contract does not give rise to an interest upon which a lien can be filed. This is in distinction to a work of improvement on real property, where "mechanics" can file liens for the value of labor and materials furnished.

There is a means whereby an unsecured creditor can obtain a prejudgment attachment, but it requires a lawsuit and a special application to the court showing that the debtor is likely to hide or divert assets unfairly, and I think your prospects against a law firm would be weak.

You did not say whether the firm was a partnership or a professional corporation, nor whether a bankruptcy was involved. These factors could affect the answer and your remedies.

If the amount involved is large, it could be worthwhile discussing your case with an attorney who specializes in credit and collection matters, or bankruptcy if that aspect is present.

Re: Lien

If you get a judgment you can lien their interest in the judgment. The do not, however, have a lienable interest in the judgment unless they have a contingent retainer interest. Do you know what kind of a case this was?

Re: Lien

Does your agreement provide for a lien? If not, no.

Joel Selik

www.SelikLaw.com

800-894-2889