Legal Question in Personal Injury in Florida

deposition and lien

I was hit by a old lady while riding my motorcycle and received serious injuries. I hired a attorney and he did a deposition with the lady. She told him that she had a house which was paid for and that she had 175,000 dollars in accounts. Well, a month later we are in negotiations to settle out of court and her attorney says ''there is only 25,000 in accounts to go after'' My question is '' should my lawyer have put a lien on her accounts after the deposition so she couldnt have hidden any money? '' was my lawyer neglectful , is it normal to put a lien on money after a deposition so people cant get rid of their money or property? thank you !!


Asked on 10/14/07, 10:22 am

3 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: deposition and lien

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is not proper for an attorney to speak with you about the facts of your case while you are represented by another attorney. As a rule, however, an attorney is powerless to place a lien on someone's account prior to obtaining a judgment. Any monies that are fraudulently transferred to avoid potential judgment creditors may be sought in court.

Scott R. Jay, Esq.

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Answered on 10/14/07, 2:09 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: deposition and lien

I disagree with Mr. Jay. While it is not proper for an attorney to contact you and speak with you about your case when he knows that you are represented, there is nothing wrong with you contacting an attorney and speaking with him. It is perfectly proper for a lawyer to speak with someone who is represented by a lawyer as long as the lawyer is contacted and the lawyer is not the one doing the contacting.

I do agree with Scott that a lawyer is powerless to assert a lien in a typical injury case without first getting a judgment.

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Answered on 10/14/07, 2:49 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: deposition and lien

I disagree with Mr. Jay. While it is not proper for an attorney to contact you and speak with you about your case when he knows that you are represented, there is nothing wrong with you contacting an attorney and speaking with him. It is perfectly proper for a lawyer to speak with someone who is represented by a lawyer as long as the lawyer is contacted and the lawyer is not the one doing the contacting.

I do agree with Scott that a lawyer is powerless to assert a lien in a typical injury case without first getting a judgment.

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Answered on 10/14/07, 2:49 pm


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