settlement on lien - Notice of lien - Filing - Endorsement. A. From the commencement of an action, or from the filing of an answer containing a counterclaim, the attorney who represents the party in whose behalf such pleading is filed shall, to the extent hereinafter specified, have a lien upon his client's cause of action or counterclaim, and same shall attach to any verdict, report, decision, finding or judgment in his or her client's favor; and the proceeds thereof, wherever found, shall be subject to such lien, and no settlement between the parties without the approval of the attorney shall affect or destroy such lien, provided such attorney serves notice upon the defendant or defendants, or proposed
defendant or defendants, in which he or she shall set forth the nature of the lien he or she claims and the extent thereof; and the lien shall take effect from and after the service of such notice, but such notice shall not be necessary provided such attorney has filed such pleading in a court of record, and endorsed thereon his or her name, together with the words "Lien claimed." B. In order to claim an attorney's lien on real property, the attorney shall file a Notice of Attorney's Lien in the office of the county clerk of the county where the real estate is situated and shall refile the Notice of Attorney's Lien every five (5) years before the expiration of the date previously filed. The Notice of Attorney's lien shall contain the style of the case, the court where pending, the case number, the attorney's name, address and phone number and a complete legal description of the property subject to the lien. C. Any attorney claiming an attorney's lien prior to the effective date of this act shall have a period of one (1) year from such date to file a Notice of Attorney's Lien in accordance with subsection B of this section. D. An action to enforce an attorney's lien against real property shall be commenced in the county where the real property is situated within ten (10) years of recordation of the Notice of Attorney's Lien with the county clerk. The ten-year period for an attorney's lien claimed prior to the effective date of this act shall run from the effective date regardless of when the Notice of Attorney's Lien is recorded. R.L.1910, § 247; Laws 2014, c. 246, § 1.
Notes of Decisions
State Ex Rel. Oklahoma Bar Ass'n v. Cummings, 863 P.2d 1164 (Okla. 1993).
· cites it 6× “The charging lien, recognized at common law, has been codified in 5 O.S.1991 § 6. 17 A lawyer can assert a § 6 charging lien only when he (or she) has commenced an action on behalf of a client or filed an answer containing a counterclaim, and endorsed on the pleading a notice of…”
Nichols v. Nichols, 2009 OK 43 (Okla. 2009).
· cites it 2× “According to Law Firm (a) these statutes are not applicable to an attorney's charging lien; (b) the Legislature carved out of the general lien statute the category of attorneys' charging liens and provided in 5 O.S.2001 §§ 6 [13] *1054 and 8 a specific method for their…”
Mehdipour v. Holland, 2007 OK 69 (Okla. 2007).
· cites it 2× “2001, § 6, which reads as follows: From the commencement of an action, or from the filing of an answer containing a counterclaim, the attorney who represents the party in whose behalf such pleading is filed shall, to the extent hereinafter specified, have a lien upon his…”
State Ex Rel. Oklahoma Bar Ass'n v. Meek, 895 P.2d 692 (Okla. 1994).
· cites it 2× “Title 5 O.S.1991 § 6 provides: "From the commencement of an action, or from the filing of an answer containing a counterclaim, the attorney who represents the party in whose behalf such pleading is filed shall, to the extent hereinafter specified, have a lien upon his client’s…”
Sooner Fed. Sav. & Loan Ass'n v. Mobley, 645 P.2d 1000 (Okla. 1982).
· cites it 2× “However, in this case the only record we have before us is the divorce decree, which reflects that Appellees' claims were not made a lien on the homestead property, but were only ordinary money judgments.”
Campanello v. Mason, 571 P.2d 449 (Okla. 1977).
· cites it 3× “” Attorney Mason appealed from the order of the trial court, asserting that by virtue of Title 5 O.S. §§ 6 thru 9, he has an attorney’s lien against not only the property of his client, obtained by virtue of the divorce, but also against such property acquired by the defendant.”
Mehdipour v. Matthews, Jr., 386 F. App'x 775 (10th Cir. 2010).
· cites it 2× “at 548-51 ; see also Okla. Stat. tit. 5, § 6 . On September 25, 2009, exactly two years after the Oklahoma Supreme Court issued its opinion in Mehdipour v.”
Martin v. Buckman, 883 P.2d 185 (Okla. Civ. App. 1994).
“Of course, the court did not award the latter the full amount of his contract, and attorney Buckman does not complain of the lesser award in his cross appeal.”
Repub. Underwriters Ins. Co. v. Duncan, 713 P.2d 568 (Okla. 1985).
· cites it 2× “No such lien can be established by this Intervenor under the provisions of 5 O.S.1981, § 6, since this Intervenor was not the attorney who commenced this action so as to be able to claim a lien under that Section.”
In Re Bingham, 344 B.R. 648 (Bankr. W.D. Okla. 2006).
“” Okla. Stat. tit. 5, § 6 ; State ex rel. Oklahoma Bar Ass’n v.”
— Okla. Stat. tit. 5, § 6(A) — 1 case
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