Is an attorney entitled to a lien on a contingency fee?

California, United States of America


The following excerpt is from Duke Gerstel Shearer, LLP v. Pursiano, D068633 (Cal. App. 2016):

whether . . . an attorney may, by contract with his client, provide for a lien upon an anticipated judgment for the amount of his contingent fee." (Id. at p. 550.) In that case, in answering the question in the affirmative, the court determined that the plaintiff, an attorney, was entitled to the agreed upon contingency fee despite the plaintiff being fired by his client and being replaced by successor counsel. Such a holding was indirectly overruled by our high court in Fracasse v. Brent, supra, 6 Cal.3d at page 791.

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