An attorney has a lien for a general balance of compensation in and for each case upon:
1. Money in the attorney's hands belonging to the attorney's client in the case.
2. Money due the attorney's client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of giving notice in writing to the adverse party, or the attorney of such party if the money is in the possession or under the control of such attorney, which notice must state the amount claimed and in general terms for what services. After judgment in any court of record, the notice may be given and the lien made effective against the judgment debtor by entering the same in the judgment docket opposite the entry of the judgment.\n\n Page No. 1 35-20-09. Release of attorney's lien by undertaking. Any interested person may release an attorney's lien by executing an undertaking in an amount double the amount claimed, or in such other amount as may be fixed by a judge of the district court of the county in which the lien is filed or in which the subject of the lien is held. The undertaking must be conditioned to pay to the attorney the amount finally due the attorney for the attorney's services, which amount may be ascertained by suit on the undertaking. The undertaking must be filed after approval by the clerk of court of the county. Any interested person may make written demand upon the holder of an attorney's lien for a bill of particulars of the services and amount claimed for each item or upon each written contract with the person for whom the services were rendered, and thereupon, unless such bill of particulars is furnished within ten days after service of the demand, the lien must be released. \n
Notes of Decisions
Armstrong v. Eaton (In Re Reinhardt), 81 B.R. 565 (Bankr. D.N.D. 1987).
· cites it 16× “In North Dakota the relevant attorney's lien statute is N.D. Cent. Code § 35-20-08 which provides: An attorney has a lien for a general balance of compensation in and for each case upon: 1.”
Chapman v. Wells, 557 N.W.2d 725 (N.D. 1996).
· cites it 6× “Under N.D.C.C. § 35-20-08, Chapman secured an attorney’s lien against the 401K.”
Nusviken v. Johnston, 2017 ND 22 (N.D. 2017).
· cites it 15× “At the hearing, Johnston argued the notice of attorney lien was not a noneonsensual common-law lien but a valid attorney’s lien under N.D.C.C. § 35-20-08, and therefore, the court did not have jurisdiction to invalidate the lien.”
Hoever v. Wilder, 2024 ND 58 (N.D. 2024).
· cites it 2× “Wilder’s reply brief cites one statute, N.D.C.C. § 35-20-08(1), which is an attorney’s lien statute, and one case, Hospital Services, Inc.”
First Int'l Bank & Trust v. Peterson, 797 N.W.2d 316 (N.D. 2011).
· cites it 2× “[¶ 22] Under N.D.C.C. § 35-20-08(2), an attorney has a lien for a general balance of compensation for each ease upon “[m]oney due the attorney’s client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the…”
In Re Disciplinary Action Against Dooley, 1999 ND 184 (N.D. 1999).
· cites it 2× “Moreover, N.D.C.C. § 35-20-08 allows an attorney a lien "for a general balance of compensation," and Dooley would not have been entitled to the entire amount of $75,000 under the contingent fee agreement he had with Schwandt.”
State v. Kinsella, 2011 ND 88 (N.D. 2011).
· cites it 2× “[¶22] Under N.D.C.C. § 35-20-08(2), an attorney has a lien for a general balance of compensation for each case upon “[m]oney due the attorney’s client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the lien…”
Hosp. Servs., Inc. v. Knutson, 246 N.W.2d 754 (N.D. 1976).
· cites it 3× “” § 35-20-08, N.D.C.C. It has been the contention of Hospital Services that the two drafts in the possession of attorney Anderson were property solely of Hospital Services and not of Allen Knutson.”
— N.D. Cent. Code § 35-20-08(1) — 1 case
Hoever v. Wilder, 2024 ND 58 (N.D. 2024).
“Wilder’s reply brief cites one statute, N.D.C.C. § 35-20-08(1), which is an attorney’s lien statute, and one case, Hospital Services, Inc.”
— N.D. Cent. Code § 35-20-08(2) — 3 cases
First Int'l Bank & Trust v. Peterson, 797 N.W.2d 316 (N.D. 2011).
“[¶ 22] Under N.D.C.C. § 35-20-08(2), an attorney has a lien for a general balance of compensation for each ease upon “[m]oney due the attorney’s client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the…”
State v. Kinsella, 2011 ND 88 (N.D. 2011).
“[¶22] Under N.D.C.C. § 35-20-08(2), an attorney has a lien for a general balance of compensation for each case upon “[m]oney due the attorney’s client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the lien…”
— N.D. Cent. Code § 35-20-08(3) — 1 case
Armstrong v. Eaton (In Re Reinhardt), 81 B.R. 565 (Bankr. D.N.D. 1987).
“In North Dakota the relevant attorney's lien statute is N.D. Cent. Code § 35-20-08 which provides: An attorney has a lien for a general balance of compensation in and for each case upon: 1.”
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