What is an attorney charging lien? | Beausay Law Firm, LLC
Beausay Law Firm, LLC
Call Toll Free 877-466-9215
Or
Local 614-Law-Firm (614-529-3476)
Email us at [email protected]

What is an attorney charging lien?

An attorney who obtains a judgment or settlement for his/her client can assert a "charging lien" against the fund obtained. This usually happens when a lawyer working under a contingent fee agreement does some work that contributes to obtaining the settlement, then the client does not pay him or her for that work. The law protects the lawyer and gives him/her a charging lien to recover for the work done.

For a recent and decent review of the principles involved in charging liens, see Slater v. Ohio Dept. of Rehab. & Corr., 2018-Ohio-1475 (Dist. 10).

The key Ohio Supreme Court cases are old but still cited:

Olds v. Tucker, 35 Ohio St. 581 (1880)

Diehl v. Friester, 37 Ohio St 473 (1882)

Cohen v. Goldberger, 109 Ohio St. 22 (1923)

In Cohen, the Ohio Supreme Court held that "the right of an attorney to payment of fees earned in the prosecution of litigation to judgment, though usually denominated a lien, rests on equity of such attorney to be paid out of the judgment by him obtained, and is upheld on the theory that his services and skill created the fund." Cohen, 109 Ohio St. 22 at paragraph one of the syllabus.

Other appellate cases include:

Petty v. Kroger, 2005-Ohio-6641 (Dist. 10)

Kerger & Hartman, LLC v. Ajami, 2015-Ohio-5157 (Dist. 6)

Galloway v. Galloway, 2017-Ohio-87 (Dist. 8)

KNR v. Progressive, 2017-Ohio-8064 (Dist. 8) (this case was pending in the Ohio Supreme Court on the date of this monograph).

No Comments

Leave a comment
Comment Information
Email us for response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Columbus Office
PO Box 21747
Columbus, OH 43221-0747

Toll Free: 877-466-9215

Powell Office
PO Box 1176
Powell, OH 43065

Phone: 614-846-2282