484.140. Attorney may contract for percentage of proceeds of claim — notice of lien to be given to defendant. — In all suits in equity and in all actions or proposed actions at law, whether arising ex contractu or ex delicto, it shall be lawful for an attorney at law either before suit or action is brought, or after suit or action is brought, to contract with his client for legal services rendered or to be rendered him for a certain portion or percentage of the proceeds of any settlement of his client's claim or cause of action, either before the institution of suit or action, or at any stage after the institution of suit or action, and upon notice in writing by the attorney who has made such agreement with his client, served upon the defendant or defendants, or proposed defendant or defendants, that he has such an agreement with his client, stating therein the interest he has in such claim or cause of action, then said agreement shall operate from the date of the service of said notice as a lien upon the claim or cause of action, and upon the proceeds of any settlement thereof for such attorney's portion or percentage thereof, which the client may have against the defendant or defendants, or proposed defendant or defendants, and cannot be affected by any settlement between the parties either before suit or action is brought, or before or after judgment therein, and any defendant or defendants, or proposed defendant or defendants, who shall, after notice served as herein provided, in any manner, settle any claim, suit, cause of action, or action at law with such attorney's client, before or after litigation instituted thereon, without first procuring the written consent of such attorney, shall be liable to such attorney for such attorney's lien as aforesaid upon the proceeds of such settlement, as per the contract existing as herein provided between such attorney and his client.
Notes of Decisions
Passer v. United States Fid. & Guar. Co., 577 S.W.2d 639 (Mo. 1979).
· cites it 45× “It involves two cases concerned with Bernard Passer's claim that he was entitled to a statutory attorney's lien under § 484.140 [1] in connection with his representation of Jennie McClean on her claim for personal injuries.”
Fein v. Schwartz, 404 S.W.2d 210 (Mo. Ct. App. 1966).
· cites it 12× “” Thereafter, the notice cited in full Section 484.140 RSMo 1949. It was admitted by the appellant that the aforesaid letter was sent to the Authority and to the Title Insurance Corporation.”
Matter of Crisp, 92 B.R. 885 (Bankr. W.D. Mo. 1988).
· cites it 6× “It is neither stated nor shown, however, that the notice was given to the defendants in the suit or suits according to the requirements of section 484.140 RSMo, which pertinently provides as follows: “In all suits in equity and in all actions or proposed actions at law, whether…”
Mccoy v. The Hershewe Law Firm, Pc, 366 S.W.3d 586 (Mo. Ct. App. 2012).
· cites it 2× “140, section 484.140, which provides an additional means of asserting an attorney’s lien in contingency fee matters, requires that notice be given to defendants before the lien attaches to a cause of action, which was satisfied with the June 2, 2008 filing.”
Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558 (Mo. Ct. App. 2011).
· cites it 2× “HLF’s pleadings before the trial court, and its brief filed with this court strongly suggest that HLF would not have contested determination of its lien by the Jasper County Court because HLF was still showing up as an attorney of record on the pleadings while the Marshall Case…”
Hillside Enter., Inc. v. Carlisle Corp., 944 F. Supp. 793 (E.D. Mo. 1996).
· cites it 4× “Section 484.140 R.S.Mo. relates to compensation agreed to by virtue of a contingency fee contract whereby an attorney's compensation is restricted to a certain portion or percentage of recovery due to the successful resolution of the client's claim by either litigation or…”
Landon Sterling v. Mid Am. Car, Inc., 456 S.W.3d 473 (Mo. Ct. App. 2014).
· cites it 5× “In his third point, Appellant contends that the Commission erred in denying Counsel a 25% lien on the undiscount-ed medical bills because the Commission failed to consider that, pursuant to Missouri’s general attorneys’ lien statute, § 484.”
Dale ex rel. Dale v. Gubin, 879 S.W.2d 699 (Mo. Ct. App. 1994).
· cites it 3× “130, RSMo, or section 484.140, RSMo, relating to an attorney’s lien and to the recipient’s expenses of the claim against the third party.”
Strubinger v. Mid-Union Indem. Co., 352 S.W.2d 397 (Mo. Ct. App. 1961).
· cites it 3× “Section 484.140 RSMo 1949, 27 V.A.M.S., provides for a notice in writing to be served on the proposed defendant or defendants, wherein an attorney states that he has a contract with his client for legal services and that he is to receive a certain portion or percentage of the…”
Roberson v. Beeman, 790 S.W.2d 948 (Mo. Ct. App. 1990).
· cites it 2× “Also the letter informed Roberson and Smalley of an attorney’s lien for the claim by the Cohens and Katzs pursuant to § 484.140, RSMo 1986. On the same day Beeman wrote a letter to Safeco and enclosed a copy of the letter to Roberson and Smalley.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.