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2018 Georgia Code 15-19-13 | Car Wreck Lawyer

TITLE 15 COURTS

Section 19. Attorneys, 15-19-1 through 15-19-60.

ARTICLE 1 GENERAL PROVISIONS

15-19-13. Right to fees in claim cases.

In claim cases, the attorney causing the levy and prosecuting the rights of the plaintiff in execution shall be entitled to his fees from the proceeds of the property condemned although the holders of older liens may demand and recover the proceeds from the immediate client of the attorney.

(Orig. Code 1863, § 1989; Code 1868, § 1979; Code 1873, § 1998; Code 1882, § 1998; Civil Code 1895, § 2824; Civil Code 1910, § 3374; Code 1933, § 9-612.)

JUDICIAL DECISIONS

Court's discretion in determining attorneys' fees.

- Amount of attorneys' fees is left to sound discretion of trial judge since court is itself an expert on the question of attorneys' fees and, as such, may form the court's own independent judgment. Walker v. Ralston Purina Co., 409 F. Supp. 101 (M.D. Ga. 1976).

Party bringing money into court entitled to fees.

- When by litigation with a claimant, money is brought into court, no matter what lien takes the money, the party bringing it into court by such litigation is entitled to fees. May & Co. v. Sibley, 69 Ga. 133 (1882).

Attorney representing fieri facias not preferred.

- If money is realized simply by levy and sale, this section gives no preference to attorney representing the fieri facias which brings the money into court to the prejudice of other liens. Baxter v. Bates, 69 Ga. 587 (1882).

Attorney's fees provisions regarding receivership, garnishment, and claim proceedings are not applicable to give preference to attorney representing fi. fa. that brings money into court, to prejudice of older or superior liens, when money is realized by levy and sale. Johnston v. Higdon, 44 Ga. App. 313, 161 S.E. 382 (1931).

Cited in Porter v. Stewart, 163 Ga. 655, 137 S.E. 28 (1927); Greenwood v. McGee, 48 Ga. App. 578, 173 S.E. 468 (1934); Harrison v. Harrison, 208 Ga. 70, 65 S.E.2d 173 (1951); Anderson v. Burnham, 12 Bankr. 286 (Bankr. N.D. Ga. 1981).

RESEARCH REFERENCES

ALR.

- Liability of infant for attorney's services in personal-injury actions, 7 A.L.R. 1011.

Lien of attorney on public fund or property, 24 A.L.R. 933.

Attorneys' lien as subject to set-off against judgment, 34 A.L.R. 323; 51 A.L.R. 1268.

Validity of provision for attorney fees in mortgage to federal land bank, 91 A.L.R. 382.

Allowance of attorney's fee against property or fund increased or protected by attorney's services, 107 A.L.R. 749.

Statute relating to attorney's lien as affecting common-law or equitable lien, 120 A.L.R. 1243.

Constitutionality of statute which by express terms or construction declares that attorneys' liens shall not be affected by settlement or compromise between the parties, 122 A.L.R. 974.

Attorney's contract for contingent fee as amounting to an equitable assignment of interest in cause of action, or proceeds of settlement thereof, 124 A.L.R. 1508.

Terms of attorney's contingent-fee contract as creating an equitable lien in his favor, 143 A.L.R. 204.

Right of attorney to set off claim for unrelated services against client's claim for money collected, 173 A.L.R. 429.

Attorney's right to lien or equitable assignment in respect of client's share or interest in decedent's estate, or in trust, 175 A.L.R. 1132.

Court rules limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 77 A.L.R.2d 411.

Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.

Amount of attorney's compensation in matters involving real estate, 58 A.L.R.3d 201.

Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.

Limitation to quantum meruit recovery, where attorney employed under contingent-fee contract is discharged without cause, 56 A.L.R.5th 1.

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