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August 08, 2014

Lien For Attorney’s Fees: First Attorney Not Seeking Recovery On Attorney’s Lien Cannot Sue Second Attorney For Fee Recovery Under Client Settlement Agreement

 

No Enforceable Lien Being Enforced, No Recovery.

     On July 13, 2014, we did post on an unpublished case which has now been published after rehearing.

     Mojtahedi v. Vargas, Case No. B248551 (2d Dist., Div. 3 Aug. 8, 2014) (partially published, discussion of attorney’s lien published) involved attorney # 1 in a personal injury case who was shut out from recovering fees out of settlement proceeds against attorney #2 in the same case where attorney #1 did not attempt to enforce #1’s attorney’s lien in the matter.

     This one was affirmed on appeal. You can see the cases relied upon in our July 13, 2014 post, but the gist was there no claim against the settlement funds without enforcement activities related to the attorney’s lien.

Posted at 04:41 PM in Cases: Liens for Attorney Fees |

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