Legal Question in Civil Litigation in California

If I paid for a friends lawsuit and sign a 50% of settlement contract agreement does the attorney have to pay me from the settlement proceeds? The contract between my friend and I states that it is lien enforceable and states that my friend relinquishes 50% of any awards after lawyer fees. Doesn't this contract create a lien?

And Thank You for all your answers.


Asked on 4/20/12, 1:40 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If the attorney knows of the lien, and it was validly created, the attorney must pay or settle the lien from settlement proceeds. Generally speaking, an attorney's knowing failure to honor a valid lien is cause for discipline. (Matter of Riley, 3 Cal.State Bar Ct.Rptr. 91, 110-112 (Rev.Dept. 1994).) Failure to promptly pay liens when funds were withheld from settlement for that purpose can likewise result in discipline. (Matter of Mapps, 1 Cal. State Bar Ct.Rptr. 1, 6-7 (Rev.Dept. 1990).)

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Answered on 4/22/12, 2:36 pm


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