[PART IV. 
ATTORNEYS]



 



[§507-81]  Attorney's lien upon actions and
judgments.  (a)  An attorney has a lien upon:



(1)  Actions, suits, and proceedings after
commencement of the action;



(2)  Judgments, decrees, orders, settlements, and
awards entered by the court in favor of the client; and



(3)  Any proceeds paid in satisfaction of the
judgment, decree, order, settlement, or award.



(b)  The lien shall be for:



(1)  The fees and compensation specifically agreed
upon with the client;



(2)  The reasonable value of the services of the
attorney, if there is no fee agreement;



(3)  Any costs advanced by the attorney; and



(4)  Any fees or commissions taxed or allowed by the
court.



(c)  Except for tax liens, prior liens of
record on the real and personal property subject to the lien created by this
section, and as provided in section (d), the attorney's lien is superior to all
other liens.



(d)  When the attorney's lien attaches to a
judgment, settlement, or decree allowing or enforcing a client's lien, the
attorney's lien has the same priority as the client's lien with regard to
personal or real property subject to the client's lien.



(e)  The attorney's lien on a judgment, decree,
order, settlement, or award remains valid as long as the judgment, decree,
order, settlement, or award remains valid.



(f)  To be enforceable under this section, a
notice of claim of the attorney's lien shall be filed:



(1)  Before the complaint is dismissed by stipulation;



(2)  Before the complaint is dismissed by order of the
court; or



(3)  Not later than one year after entry of final
judgment is filed and disposition of any appeal thereof.



(g)  Except as provided by subsections (i) and
(j), the attorney's lien is not affected by a settlement between the parties to
the action, suit, or proceeding before or after the judgment, decree, order, or
award.



(h)  Except as provided by subsections (i) and
(j), a party to the action, suit, or proceeding or any other person shall not
have the right to discharge or dismiss any judgment, decree, settlement, or
award entered in the action, suit, or proceeding until the lien and claim of
the attorney for fees based thereon is satisfied in full.



(i)  A judgment debtor may pay the full amount
of a judgment or decree into court, and the clerk of the court shall thereupon
fully satisfy the judgment or decree on the record, and the judgment debtor
shall be thereby released from any further claims thereunder.



(j)  If more than one attorney from the same
firm appears of record for a party, the satisfaction of the lien created by
this section by one of the attorneys is conclusive evidence that the lien is
fully satisfied.



(k)  Attorneys have the same right and power
over actions, suits, proceedings, judgments, decrees, orders, settlements, and
awards to enforce their liens as their clients have for the amount due thereon
to them. [L 2004, c 48, §2]