§ 16-22-304 — Lien of attorney created

(a) (1) From and after service upon the adverse party of a written notice signed by the client and by the attorney at law, solicitor, or counselor representing the client, which notice is to be served by certified mail and a return receipt being required to establish actual delivery of the notice, the attorney at law, solicitor, or counselor serving the notice upon the adversary party shall have a lien upon his or her client's cause of action, claim, or counterclaim, which attaches to any settlement, verdict, report, decision, judgment, or final order in his or her client's favor, and the proceeds thereof in whosoever's hands they may come. (2) The lien cannot be defeated and impaired by any subsequent negotiation or compromise by any parties litigant. (3) However, the lien shall apply only to the cause or causes of action specifically enumerated in the notice. (b) In the event that the notice is not served upon the adverse party by an attorney at law, solicitor, or counselor representing his client, the same lien created in this section shall attach in favor of the attorney at law, solicitor, or counselor from and after the commencement of an action or special proceeding or the service upon an answer containing a counterclaim, in favor of the attorney at law, solicitor, or counselor who appears for and signs a pleading for his or her client in the action, claim, or counterclaim in which the attorney at law, solicitor, or counselor has been employed to represent the client. (c) (1) This lien shall apply to proceedings before the Workers' Compensation Commission. (2) The lien shall attach from the date a notice of claim is filed with the commission, if served by certified mail, return receipt requested, or from the date the commission mails notice of the claim to the employer or carrier, regardless of whether this mailing by the commission is by certified mail or regular mail, whichever date occurs first. (d) (1) This lien shall apply to procedures set forth in § 18-50-101 et seq. (2) The lien shall attach on the date a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is recorded pursuant to § 18-50-102 . (3) If a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is not recorded, then the lien shall attach on the date a notice of default and intention to sell is mailed in accordance with § 18-50-104 . (4) The lien shall secure all work performed by the attorney for the mortgagee or beneficiary, including, but not limited to, expenses incurred by the attorney for abstracting and title insurance services and giving notice of the trustee's or mortgagee's sale. (e) The court or commission before which an action was instituted, or in which an action may be pending at the time of settlement, compromise, or verdict, or in any circuit court of proper venue, upon the petition of the client or attorney at law, shall determine and enforce the lien created by this section.

Legislative History

Acts 1989, No. 293, § 1; 1991, No. 1229, § 1; 2003, No. 1047, § 1.