Legal Question in Civil Litigation in Virginia
attorney's lien in contingency fee cases
Must there be a written contingency fee contract, or other written instrument, for an attorney to exercise an attorney's lien? I s 54.1-3932 applicable?
Asked on 4/23/09, 10:06 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: attorney's lien in contingency fee cases
No, apparently not under the requirements of this particular statute, although written notice of the claim apparently needs to be provided to the appropriate party or other person(s)who may be involved with the matter in order to preserve the claim.
It should be noted, however, that it would be very unusual for a lawyer to undertake representation of a client on a contingency fee basis without such a written instrument.
Answered on 4/26/09, 12:19 pm