Legal Question in Family Law in Oregon

Attorney Liens

YOUR QUESTION:

Attorney who represented me during a divorce was suspended for misconduct. He continued to work as a ''legal aid'' under another attorney. I fired them both due to them misrepresenting me. The attorney fees were excessive and unresonable. He declined fee arburtration. I complaned to the bar & they found him in misconduct due to excessive fees. The attorney still is seeking payment and has placed a lien against my property combining not only his fees but another attorney as well. How do I get this lien removed?

ANSWER:

You need to have another attorney --- one who is familiar with attorney liens and how they work --- take a look at your case, review the case records, review the fee agreement, etc., in order to determine the proper course of action.

You did not mention whether you were the petitioner or the respondent in the divorce case. Also, you did not indicate whether the property against which the attorney now claims a lien was property that you already owned going into the divorce or whether it was property that was acquired by you as a result of the efforts of the attorney. Also whether there is anything in the fee agreement with the attorney whereby you gave advance permission for the attorney to claim a lien against your property.

Most family law lawyers believe --- erroneously --- that they automatically have the right to claim a lien against all real property that the client owns once the case is over. NOT SO! I've now had several cases we were successful in challenging the legal validity of the attorney's lien and get it removed.

L.D. Gorin

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]