The case is captioned Camelot, Inc. v. Burke Burns & Pinelli, Ltd., 2017 IL App (2d) 170038-U. The Burke firm had handled shareholder litigation for the plaintiffs. That litigation ended in 2004. Ten years after the representation ended, in 2014, it attempted to serve a lien on certain real property…
Lawyers have rights to hold the client’s file or other property as security for payment. Here the lawyer held on to a former divorce client’s file indefinitely. The client eventually sued the lawyer for legal malpractice – under the theory that the lawyer had no right to hold the file.…
What is an attorney’s possessory lien? It is a lien that an attorney can use to block the client from access to the file. The attorney, however, cannot enforce the lien in court. In a recent unpublished decision the Illinois Appellate Court held that a law firm can assert a…
Olszewski v. Jordan :: 2015 :: Connecticut Supreme Court Decisions :: Connecticut Case Law :: Connecticut Law :: U.S. Law :: Justia. This case is from Connecticut and, obviously, is not binding in Illinois. It holds that a divorce attorney cannot assert an equitable lien on marital property in a…
Randy M. Brown v. Universal Realty Group, et al. 2010 L 008953, 2014 IL App (1st) 1420241-U. This is an unpublished opinion by the First District, Sixth Division, affirming a decision of the circuit court of cook county, which adjudicated an attorney’s lien of Brooks, Tarulis & Tibble (BT&T) to…
Goyal v. GAS TECHNOLOGY INSTITUTE, 718 F. 3d 713 – Court of Appeals, 7th Circuit 2013 – Google Scholar. The Seventh Circuit sanctioned an attorney for asserting an attorney lien long after the lawyer was terminated. The Facts: Anil Goyal was terminated by his employer in 2004. Barry Gomberg, an…
AXA CORPORATE SOLUTIONS ASSURANCE v. HOFF & HERRAN, Dist. Court, ND Illinois 2013 – Google Scholar. The Illinois Attorney Lien Act of 1909 (yes, that is not a typo) provides that an attorney can place al lien on a claim that his client places with him for collection. Liens are…
EXACT SOFTWARE NORTH AMERICA, INC. v. DeMOISEY, Court of Appeals, 6th Circuit 2013 – Google Scholar. This is a dispute between an attorney and a client concerning an attorney lien. Such disputes are common. This case illustrates the correct way to protect a disputed legal fee with an attorney lien.…