§ 5-8. Adverse party - Liability on settlement or compromise of claim involving lien - Lien as against judgment debtor - Enforcement of lien.  


Latest version.
  • Should the party to any action or proposed action whose interest is adverse to the client contracting with an attorney settle or compromise a cause of action, claim or judgment wherein any lien perfected under Sections 6 and 7 of this title is involved and such settlement or compromise is made without the consent of the attorney holding such lien, such adverse party shall thereupon become liable to such attorney for the fee that was due or would have become due under a contract of employment but for the settlement.  After judgment in any court of record, the attorney's lien provided for herein may also be effective against the judgment debtor upon endorsement of the words "subject to the attorney's lien in favor of [insert name]" on the judgment.  An attorney may enforce any lien provided for by this act in any court of competent jurisdiction by action filed within one (1) year after the attorney becomes aware of such compromise or payment of such judgment, or judgment may be rendered on motion in the case in the court in which the suit was brought.

R.L.1910, § 249.  Amended by Laws 1919, c. 22, p. 38, § 1; Laws 1997, c. 23, § 1, eff. Nov. 1, 1997.