Monday, April 27, 2009

ATTORNEY'S LIENS (RULE 138, SECTION 37 RULE OF COURT)


SEC. 37. Attorney's liens. -

An attorney shall have a lien (RETAINING LIEN) upon the funds, documents, and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof.

He shall also have a lien (CHARGING LIEN) to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements.

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