Legal Question in Personal Injury in California
Attorney liens
Can a prior attorney (who was subbed out) legally place an attorney lien on a settlement check that our firm settled? I know that the prior attorney should be paid by our firm (in an agreement), but his name shouldn't be on the settlement check along with our firm name and client's name. Correct?
I thought that the fees between an attorney and client were contractual between the client and the attorney.
1 Answer from Attorneys
Re: Attorney liens
Every PI contract that I've seen has a lien placement provision. Hence, the placement of the lien. Otherwise contingency lawyers will be screwed left and right. Check the case of Fracasse (sp?) V. Brent.
You should segregate enough funds to pay the atty fees and costs and place it in a separate trust account with both signatures required for disbursement while you either arbitrate or litigate your respective shares, if you can't agree on the amount.
Also, even if there is no written agrement between the former atty and client, he will still be entitled to payment based on quantum meruit.
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