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Attorneys Lien

rep, am, papers, judgment, co and sustain

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ATTORNEY'S LIEN. This. under English law, was a lien for costs taxed in the cause. In the early cases the attorney or solicitor was put upon the same footing as other court officers, such as clerks who had a lien on pa pers ; 2 Ves. 25 ; Beames, Costs 311. The doctrine of attorney's lien as originally held was that it was confined to costs, and the plaintiff might settle the case in the absence of notice from the attorney ; 4 Term 124; 13 Ves., Sumn. ed. 59, n.; that is, before judg ment ; Wright v. Cobleigh, 21 N. H. 339 ; Horton v. Champlin, 12 R. I. 557, 34 Am. Rep. 722 ; Boogren v. Ry. Co., 97 Minn. 51, 106 N. W. 104, 3 L. R. A. (N. S.) 379, 114 Am. St. Rep. 691; he acquires no lien until after judgment ; Hanna v. Island Coal Co., 5 Ind. App. 163; the client may, before judgment, settle his case without consulting his at torney ; Simmons v. Aliny, 103 Mass. 33 ; Connor v. Boyd, 73 Ala. 385 ; Coughlin v. R. Co., 71 N. Y. 443, 27 Am. Rep. 75 ; Kusterer v. City of Beaver Dam, 56 Wis. 471, 14 N. W. 617, 43 Am. Rep. 72*. There was also a lien on papers ; 6 Madd. 66 ; but none on the fund; 4 id. 391. There were two classes of liens recognized, active and passive, the for mer being on the fund for costs, and the latter a right to retain papers ; 4 Myl. & Cr. 354. The attorney was not dominus iitis ; 12 M. & W. 440 ; and his lien would not prevail over a garnishment ; 1 FI. & M. 171. Many cases sustain the lien upon the fruits of the judgment for fees ; Jackson v. Clopton, 66 Ala. 29 ; McCain v. Portis, 42 Ark. • 402 ; Cooke v. Thresher, 51 Conn. 105 ; McDonald v. Napier, 14 Ga. 89; Williams v. Hersey, 17 Kan. 20; Gill v. Truelsen, 39 Minn. 373, 40 N. W. 254; Renick v. Ludington, 16 W. Va. 1 378 ; Chappell v. Cady, 10 Wis. 112. Some cases sustain the lien for a fee agreed upon as being within the principle of the common law lien for costs; Wright v. Wright, 70 N. Y. 98; but the lien is waived by consent to a payment to the client; Goodrich v. Mc Donald, 112 N. Y. 157, 19 N. E. 649. Others recognize a retaining lien on papers; Sanders v. Seelye, 128 Ill. 631, 21 N. E. 601; In re

Paschal, 20 Wall. (U. S.) 483, 19 L. Ed. 992; and as between solicitor and client for reason able compensation on money collected; Trus tees of Internal Improv. Fund v. Greenough, 105 U. S. 527, 26 L. Ed. 1157 ; 'but none in either of these cases, upon a judgment, or unliquidated damages; Wood v. Anders, 5 Bush (Ky.) 601; or in an action of tort; Averrill v. Longfellow, 66 Me. 237.

In some states the cases sustain a statu tory lien for fees; Fillmore v. Wells, 10 Col. 228, 15 Pac. 343, 3 Am. St. Rep. 567; para mount' to set off ; Puett v. Beard, 86 Ind. 172, 44 Am. Rep. 280 ; Reynolds v. Reynolds, 10 Neb. 574, 7 N. W. 322 ; Martin v. Hawks, 15 Johns. (N. Y.) 406; Scharlock v. Oland, 1 Rich. (S. C.) 207; Wells v. Elsam, 40 Mich. 218 ; the lien binds money or papers in pos session of the attorney for all professional services, but for them only ; Robinson v. Hawes, 56 Mich. 135, 22 N. W. 222.

In others, statutory liens are held to ap ply only to taxable fees ; Peirce v: Bent, 69 Me. 381; Baker v. Cook, 11 Mass. 238; and only after final judgment and execution is sued; Simmons v. Almy, 103 Mass. 33. So in New York prior to the code, the common law lien was confined to taxed costs ; 1 Paine & Duer, Prac. 190; and did not affect damages recovered until they came into his hands; St. John v. Diefendorf, 12 Wend. (N. Y.• 261.

Some cases sustain a lien on papers for a general balance ; Dennett v. Cutts, 11 N. H. 163; and on the recovery in the cause, but not those due in other causes ; Shapley v. Bellows, 4 N. H. 347; Massachusetts & Southern Const. Co. v. Township of Gill's Creek, 48 Fed. 145 ; others, for costs, but subordinate to set-off ; Walker v. Sargeant, 14 Vt. 247; and ineffective as against an as signment ; Beech v. Town of Canaan, 14 Vt. 485.

In [1909] 1 Ch. D. 96, it was held that a solicitor, in winding-up proceedings, had a lien in all documents that had come into his lands before the proceedings, but not after.

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