Missouri Revised Statutes

Mo. Rev. Stat. § 484.130 (2026)

Compensation of attorney governed by agreement

✓ current as of May 2026

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484.130. Compensation of attorney governed by agreement — lien upon client's cause of action. — The compensation of an attorney or counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor, and the proceeds thereof in whosesoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment.

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(RSMo 1939 § 13337)

Prior revisions: 1929 § 11716; 1919 § 690; 1909 § 964

(1956) Attorney is not restricted to any particular remedy to enforce his lien. Where defendant and plaintiff settled personal injury case without consulting plaintiff's attorney and with full knowledge that suit was pending in Missouri, attorneys were entitled to recover fees from defendant notwithstanding settlement was reduced to judgment in Tennessee. Satterfield v. Southern Ry. Co. (A.), 287 S.W.2d 395.

(1956) Defendant's attorneys in partition action were not entitled to fee out of client's share under § 528.530 nor under § 484.130, because they did nothing to produce funds for their client. Munday v. Thielecke (Mo.), 290 S.W.2d 88.

(1967) A statutory attorney's lien is cumulative, rather than exclusive of existing rights or remedies. Downs v. Hodge (A.), 413 S.W.2d 519.

(1972) There is no authority for an attorney's lien on an undistributed share of an estate. Carter v. Stendeback (A.), 482 S.W.2d 534.

(1987) Attorney's lien attaches to an award arising out of a divorce proceeding and such a lien arose where attorney did services for client to set aside dissolution settlement as unconscionable before being fired by client and even though attorney had entered into unlawful contingency fee contract with ex-client. Roberds v. Sweitser, 733 S.W.2d 444 (Mo. banc).

Notes of Decisions

Cited in 58 cases (2 in the last 5 years), 1956–2021 · leading case: Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558 (Mo. Ct. App. 2011).

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Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558 (Mo. Ct. App. 2011). · cites it 20× “Section 484.130 provides: The compensation of an attorney or counselor for his services is governed by agreement, express or implied, which is not restrained by law.”

Kansas City Area Transp. Auth. v. 4550 Main Assocs., 893 S.W.2d 861 (Mo. Ct. App. 1995). · cites it 17× “1956), in considering the issue of enforcement of an attorney’s lien, the court stated: By the clear provisions of Section 484.130 RSMo 1949, V.A.M.S., an attorney has a lien for his services from the commencement of an action or the service of an answer containing a…”

State Ex Rel. Kinder v. Dandurand, 261 S.W.3d 667 (Mo. Ct. App. 2008). · cites it 11× “17 in attorney fees and that the circuit court should order a lien pursuant to Section 484.130, RSMo 2000, for the services she provided to Kinder in the dissolution action.”

B-Mall Co. v. Williamson, 977 S.W.2d 74 (Mo. Ct. App. 1998). · cites it 8× “Stoup claims a lien pursuant to § 484.130, RSMo 1994, by virtue of the fact that he filed a counterclaim in the original action.”

Mccoy v. The Hershewe Law Firm, Pc, 366 S.W.3d 586 (Mo. Ct. App. 2012). · cites it 5× “2011), that an attorney has a right under sections 484.130 and .140 to bring a motion in the original case for attorneys’ fees or to bring a separate cause of action for attorneys’ fees after a verdict, decision, or judgment has been rendered in a client’s favor.”

George W. Ultch Lumber Co. v. Hall Plastering, Inc., 477 F. Supp. 1060 (W.D. Mo. 1979). · cites it 10× “MADDEN DOES NOT HAVE AN ATTORNEY’S LIEN SUPERIOR TO LIENS OF UNITED STATES AND BANK Pursuant to § 484.130, RSMo, Madden, as counsel for Hall, claims an attorney’s lien allegedly superior to the liens of the United States and Bank.”

Ganaway v. Dep't of Soc. Servs., 753 S.W.2d 12 (Mo. Ct. App. 1988). · cites it 13× “The court ruled that litigation expenses are not subject to the attorney’s lien created by § 484.130, RSMo 1986, thus the Department of Social Services was entitled to a pro rata share of the money, determined by the percentage of total medical expenses to the total award given…”

Reid v. Reid, 906 S.W.2d 740 (Mo. Ct. App. 1995). · cites it 9× “challenges the trial court’s judgment on various grounds that contest the availability of an attorneys’ lien pursuant to § 484.130 RSMo 1986. Without addressing each separate argument, we hold § 484.”

Passer v. United States Fid. & Guar. Co., 577 S.W.2d 639 (Mo. 1979). · cites it 8× “Sections 484.130 and 484.140 relate to compensation of attorneys for representation of clients and to liens therefor.”

Satterfield v. S. Ry. Co., 287 S.W.2d 395 (Mo. Ct. App. 1956). · cites it 6× “Appellant's basic point is that the action pursued by respondents to enforce their lien (filing of motion in the case pending in St.”

Bolin v. Anders, 559 S.W.2d 235 (Mo. Ct. App. 1977). · cites it 3× “In any event, Section 484.130 RSMo 1969 preserves a lien on the fund created, and the remand of this case will permit the attorneys to take appropriate action to enforce the lien.”

Roberds v. Sweitzer, 733 S.W.2d 444 (Mo. 1987). · cites it 4× “1 Section 484.130, RSMo 1986, provides: The compensation of an attorney .”

Show all 58 citing cases →

— Mo. Rev. Stat. § 484.130(1987) — 1 case

In Re Payless Cashways, Inc., 227 B.R. 730 (Bankr. W.D. Mo. 1998).

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