Is a judgment that interferes with a party's ability to retain counsel an action that damages the debtor's attorney fees rather than the judgment creditors' liens?

California, United States of America


The following excerpt is from Pangborn Plumbing Corp. v. Carruthers & Skiffington, 97 Cal. App.4th 1039, 119 Cal. Rptr. 2d 416, 2002 Cal. Daily. Op. Service 3466, 97 Cal. App. 4th 1039 (Cal. App. 2002):

Public policy favors giving attorneys' contractual liens for legal services priority over judgment creditors' liens. It is often crucial for debtors to be able to retain legal counsel, and a debtor's ability to retain counsel may also accrue to the benefit of the client's creditors. ( Cetenko v. United California Bank (1982) 30 Cal. 3d 528, 535-536 [179 Cal. Rptr. 902, 638 P.2d 1299, 34 A.L.R.4th 657] (Cetenko).) Thus, a judgment that interferes, directly or indirectly, with a party's ability to retain counsel may be said to aggrieve that party.

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