CHAPTER 3. PRIVILEGES ON MOVABLES AND IMMOVABLES
PART I. PRIVILEGE FOR ATTORNEY FEES
§5001. Privilege for fees
A. A special privilege is hereby granted to attorneys at law for the amount of their professional fees on all judgments obtained by them, and on the property recovered thereby, either as plaintiff or defendant, to take rank as a first privilege thereon superior to all other privileges and security interests under Chapter 9 of the Louisiana Commercial Laws.
B. The term "professional fees", as used in this Section, means the agreed upon fee, whether fixed or contingent, and any and all other amounts advanced by the attorney to or on behalf of the client, as permitted by the Rules of Professional Conduct of the Louisiana State Bar Association.
Acts 1989, No. 78, §1, eff. June 16, 1989; Acts 2001, No. 128, §4, eff. July 1, 2001.
Notes of Decisions
Calk v. Highland Const. & Mfg., 376 So. 2d 495 (La. 1979).
· cites it 13× “The trial court held that the attorney's right to the $2000 sum was superior to that of the creditor under R.S. 9:5001. The Court of Appeal reversed, holding that R.”
Moody v. Arabie, 498 So. 2d 1081 (La. 1986).
· cites it 4× “R.S. 9:5001 grants an attorney a first privilege on a judgment obtained by him and on property recovered thereby.”
Roberts v. Hanover Ins. Co., 338 So. 2d 158 (La. Ct. App. 1976).
· cites it 10× “Wells, attorney for Pollard in the suit, who claims preference under LSA-R.S. 9:5001 [1] and Hanover Insurance Company, who claims preference as a judgment creditor of Pollard who seized Pollard's interest in the suit and subsequently instituted garnishment proceedings against…”
Williams v. Gen. Motors Corp., 639 So. 2d 275 (La. Ct. App. 1994).
· cites it 6× “The court simply held that the privilege for attorneys fees provided by LSA-R.S. 9:5001 "primes the privilege set forth in LSA-R.”
King v. Univ. Healthcare Sys. L.C., 645 F.3d 713 (5th Cir. 2011).
· cites it 2× “Coats Rose relies on La.Rev.Stat. Ann. § 9:5001, which provides a “special privilege” for “attorneys at law for the amount of their professional fees on all judgments obtained by them” permitting them “to take rank as a first privilege thereon superior to all other privileges…”
Calk v. Highland Constr. & Mfg., Inc., 368 So. 2d 1100 (La. Ct. App. 1979).
· cites it 9× “The issue on appeal in this case is whether an attorney at law has a special privilege for the amount of his professional fees, under LSA-R.S. 9:5001, where the suit is settled by a compromise agreement, and judgment is rendered dismissing the client’s suit.”
Saucier v. Hayes Dairy Prods., Inc., 373 So. 2d 102 (La. 1979).
“[1] DR 5-103 dictates essentially that with minor exceptions a lawyer shall not acquire a proprietary interest in a cause of action or subject matter of litigation.”
Scott v. Kemper Ins. Co., 377 So. 2d 66 (La. 1979).
· cites it 2× “See also R.S. 9:5001 for similar treatment of the proceeds from judgments and Roberts v.”
Neely v. Hollywood Marine, Inc., 530 So. 2d 1116 (La. 1988).
· cites it 5× “37:218 was intended to give attorneys comparable rights as are given in R.S. 9:5001. Under R.S. 9:5001, the attorney does not have to record the contract between himself and his client in order for the attorney to have priority on the proceeds recovered from a judgment on which…”
Pullen v. Ziegler, 595 So. 2d 1267 (La. Ct. App. 1992).
· cites it 9× “R.S. 9:5001 which provides: A special privilege is hereby granted to attorneys at law for the amount of their professional fees on all judgments obtained by them, and on the property recovered thereby, either as plaintiff or defendant, to take rank as a first privilege thereon.”
La. Rev. Stat. § 9:5001(A): 3 cases
La. Rev. Stat. § 9:5001(B): 3 cases
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