Printable Format7-108. Attorney's lien; notice. An attorney has a lien for a general balance of compensation upon any papers of his or her client which have come into the attorney's possession in the course of his or her professional employment, upon money in the attorney's hands belonging to the client, and upon money due to the client and in the hands of the adverse party, in any matter, action or proceeding in which the attorney was employed, from the time of giving notice of the lien to the party; such notice must be in writing, and may be served in the same manner as a summons, and upon any person, officer or agent upon whom a summons under the laws of this state may be served, and may also be served upon a regularly employed salaried attorney of the party.
History: G.S. 1868, ch. 11, § 8; L. 1905, ch. 68, § 1; March 21; R.S. 1923, § 7-108.
Law Review and Bar Journal References:
"Suing the Client for Legal Fees", Wayne Probasco, 44 J.B.A.K. 19, 20 (1975).
"Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 541 (1984).
"Ethical and Legal Issues Related to a Lawyer's Retention of Client's Property and Documents," Arno Windscheffel, 57 J.K.B.A. No. 8, 25, 26, 27 (1988).
CASE ANNOTATIONS
1. Attorney has lien on judgment from time of giving notice. Leavenson et al. v. La Fontane et al., 3 Kan. 523. Overruled: Turner v. Crawford, 14 Kan. 499.
2. Lien of attorney subject to right to set off judgments. Turner v. Crawford, 14 Kan. 499, 500.
3. Attorney's lien may attach to unliquidated claim for personal injuries. Kan. P. Rly. Co. v. Thacher, 17 Kan. 92, 100.
4. Notice must be in writing; service of notice considered. Kan. P. Rly. Co. v. Thacher, 17 Kan. 92, 101, 102.
5. Champertous contract cannot be enforced; lien does not attach. A. T. & S. F. Rld. Co. v. Johnson, 29 Kan. 218, 227.
6. Notice to other member of law firm held insufficient. St. L. & S. F. Rly. Co. v. Bennett, 35 Kan. 395, 11 P. 155.
7. Attorney of party intervening in attachment may claim lien on funds. Noftzger v. Moffett, 63 Kan. 354, 357, 65 P. 670.
8. Written notice served on attorney of record holding funds sufficient. Noftzger v. Moffett, 63 Kan. 354, 357, 65 P. 670.
9. Suit for moneys received and claimed by attorney; proceedings considered. Dobbs v. Campbell, 66 Kan. 805, 72 P. 273.
10. Contract by attorneys to pay all expenses, champertous and void. Moreland v. Devenney, 72 Kan. 471, 83 P. 1097.
11. Lien does not extend to land subject matter of litigation. Holmes v. Waymire, 73 Kan. 104, 105, 84 P. 558.
12. Lien on moneys due from settlement of suits in Missouri. Anderson v. Street Railway Co., 86 Kan. 179, 180, 119 P. 379.
13. Amendment of 1905 is an enlargement of methods of service. Alexander v. Clarkson, 100 Kan. 294, 300, 164 P. 294.
14. Service of written notice on attorney of record held sufficient. Alexander v. Clarkson, 100 Kan. 294, 300, 164 P. 294.
15. Attorney's lien previously obtained not subject to later setoff. Alexander v. Clarkson, 100 Kan. 294, 300, 164 P. 294.
16. Lien enforced without formal pleadings; procedure considered. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
17. Action to enforce lien; neither party entitled to jury. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
18. Method of arriving at value of services considered. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
19. Section construed; "matter" held to mean business or affair. Carter v. McPherson, 104 Kan. 59, 62, 177 P. 533.
20. Service of notice; proof of value of services. Carter v. McPherson, 104 Kan. 59, 62, 177 P. 533.
21. Attorney's lien created only by giving required statutory notice. Ahalt v. Gatewood, 109 Kan. 328, 198 P. 970.
22. "Retaining" and "charging" liens considered; procedure for enforcement. Ahalt v. Gatewood, 109 Kan. 328, 331, 198 P. 970.
23. Endorsement on summons held insufficient notice of attorney's lien. Ahalt v. Gatewood, 109 Kan. 328, 331, 198 P. 970.
24. Notice of lien need not state terms of employment. Trinkle v. McCue, 113 Kan. 623, 216 P. 263.
25. Service of notice of lien upon attorney not of record ineffective. Polensek v. Sheridan Coal Co., 122 Kan. 725, 727, 253 P. 605.
26. Lien previously obtained is superior to offset judgment subsequently acquired. Bouchey v. Gillilan, 138 Kan. 404, 405, 26 P.2d 451.
27. Lien against federal director general of railroads held valid. Stephens v. Davis, 140 Kan. 220, 225, 36 P.2d 316.
28. Parties fraudulently colluded to deprive attorney of fee; computation of fee. Sowers v. Robertson, 144 Kan. 273, 58 P.2d 1105.
29. Attorney's lien held acquired subject to existing and known equities. Christy v. Stevens, 148 Kan. 130, 133, 79 P.2d 850.
30. Agreements against settlement without attorney's consent void. Dannenberg v. Dannenberg, 151 Kan. 600, 602, 100 P.2d 667.
31. Delinquent tax judgment settlement moneys subject to lien; public funds. Edwards County Comm'rs. v. Simmons, 159 Kan. 41, 55, 151 P.2d 960.
32. Nonstatutory bastardy proceeding; attorney's lien on proceeds upheld. Grayson v. Grayson, 182 Kan. 285, 286, 320 P.2d 803.
33. Reasonable contingent fee enforceable hereunder; nonstatutory child support and maintenance action. Grayson v. Pyles, 184 Kan. 116, 117, 334 P.2d 341.
34. Mentioned; written retainer created lien. Melton v. Prickett, 203 Kan. 501, 505, 456 P.2d 34.
35. Client funds not received until after death of client; retaining lien never created; suspension from practice ordered. State v. Dickens, 214 Kan. 98, 102, 519 P.2d 750.
36. Construed; attorney's lien prior in time to garnishment order. Carson v. Chevron Chemical Co., 6 Kan. App. 2d 776, 793, 794, 635 P.2d 1248 (1981).
37. Neither K.S.A. 40-256 nor K.S.A. 44-512a authorizes an award of attorney fees for bringing an action to enforce an attorney's lien. Barnett & Lerner, Chtd. v. Aetna Cas. & Sur. Ins. Co., 8 Kan. App. 2d 270, 271, 656 P.2d 165 (1982).
38. Applicability of K.S.A. 7-106 to attorney's lien determined. Mohr v. State Bank of Stanley, 244 Kan. 555, 566, 770 P.2d 466 (1989).
39. Trial court order directing client to pay attorney's lien from unpaid child support settlement affirmed. In re Marriage of Wageman, 25 Kan. App. 2d 682, 685, 968 P.2d 1114 (1998).
40. Written retainer creates a retaining lien against payment made by debtor; lien is effective upon payment of retainer and attaches to entire retainer until council is paid in full. In re Hodes, 239 B.R. 239, 243 (1999).
41. Attorney's charging lien effective only after notice of lien is served on adverse party. In re Veazey, 272 B.R. 486 (2002).
42. Third party payment center which forwarded payments erroneously to ex wife liable to pay her attorney based on his attorney's liens against her husband, may seek indemnification from ex wife. In re Marriage of Brown, 279 Kan. 282, 109 P.3d 1212 (2005).