Court Of Chancery Limits Attorney Charging Lien

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Sutherland v. Sutherland, C.A. No 2399-VCN (February 26, 2016)

An “attorney charging lien” allows an attorney to recover compensation for his services from a fund recovered with his assistance.  This decision limits the application of such liens to recoveries where the attorney has not already been paid for the work that led to that recovery.  In other words, if you have already been paid for the work that generated a fund, you cannot lien that fund for other work that did not generate it, even if it occurred in the same litigation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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