Wis. Stat. » CHAPTER 757 — GENERAL PROVISIONS CONCERNING COURTS OF RECORD,
Wisconsin Statutes

Wis. Stat. § 757.36 (2026)

Lien on proceeds of action to enforce cause of action

✓ current as of July 2026
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757.36757.36 Lien on proceeds of action to enforce cause of action. Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and give the attorney a lien upon the cause of action and upon the proceeds or damages derived in any action brought for the enforcement of the cause of action, as security for fees in the conduct of the litigation; when such agreement is made and notice thereof given to the opposite party or his or her attorney, no settlement or adjustment of the action may be valid as against the lien so created, provided the agreement for fees is fair and reasonable. This section shall not be construed as changing the law in respect to champertous contracts.
757.36 HistoryHistory: 1977 c. 187 s. 96; Stats. 1977 s. 757.36.
757.36 AnnotationAn allegation of a retainer is not sufficient to imply an agreement for a lien; even if a written retainer agreement exists, there must be separate proof of a lien agreement. Weigel v. Grimmett, 173 Wis. 2d 263, 496 N.W.2d 206 (Ct. App. 1992).
757.36 AnnotationThis section does not create an attorney’s lien on settlement proceeds in the absence of a contractual lien; if the contract is breached by the attorney, an alternative lien is not created. McBride v. Wausau Insurance Cos., 176 Wis. 2d 382, 500 N.W.2d 387 (Ct. App. 1993).
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Notes of Decisions
Cited in 14 cases, 1984–2008 · leading case: Yorgan v. Durkin, 2006 WI 60 (Wis. 2006).
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Yorgan v. Durkin, 2006 WI 60 (Wis. 2006). · cites it 8× “, Wis. Stat. § 757.36 . An equitable lien can arise when the following elements are present: (1) "a debt, duty or obligation *176 owing by one person to another"; (2) a "res to which that obligation fastens"; and (3) a "written contract[ ] showing an intention to charge some…”
Markwardt v. Zurich Am. Ins., 2006 WI App 200 (Wis. Ct. App. 2006). · cites it 5× “Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and give the attorney a lien upon the cause of action and upon the proceeds or damages derived in any action brought…”
Olivarez v. Unitrin Prop. & Cas. Ins., 2006 WI App 189 (Wis. Ct. App. 2006). · cites it 2× “Under the retainer agreement, Olivarez gave Cannon & Dunphy a lien pursuant to Wis. Stat. § 757.36 (2003-04) 1 for one-third of her proceeds, should recovery be made on her claim, and agreed to reimburse Cannon & Dunphy for reasonable costs, expenses and disbursements.”
Eldon R. Kenseth & Susan M. Kenseth v. Comm'r of Internal Revenue, 259 F.3d 881 (7th Cir. 2001). “Wis. Stat. § 757.36 . But the ownership of a security interest is not ownership of the security.”
Matter of Disciplinary Proceedings Against Barrock, 2007 WI 24 (Wis. 2007). · cites it 3× “§ 757.36 validates an attorney-client contract that grants the attorney a lien upon the proceeds derived in any action brought for the enforcement of the cause of action, as security for fees in the conduct of the litigation.”
Matter of Richland Bldg. Sys., Inc., 40 B.R. 156 (Bankr. W.D. Wis. 1984). · cites it 3× “Although there was a written fee agreement between Richland and Stafford, there is no specific written grant of a lien nor is there statutory notice of an intention to enforce the lien.”
Weigel v. Grimmett, 496 N.W.2d 206 (Wis. Ct. App. 1992). · cites it 2× “Section 757.36, Stats., provides in relevant part: Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and give the attorney a lien upon the cause of action and upon the…”
McBride v. Wausau Ins. Companies, 500 N.W.2d 387 (Wis. Ct. App. 1993). · cites it 2× “McBride next claims entitlement to a lien on the settlement proceeds under sec. 757.36, Stats., which provides: Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and…”
Edl v. Kinast (In Re Edl), 207 B.R. 611 (Bankr. W.D. Wis. 1997). · cites it 4× “Wis.Stat. § 757.36 was enacted because the common law did not allow Kens to attach in every case.”
In Re Marriage of Stasey v. Stasey, 483 N.W.2d 221 (Wis. 1992). “1967, the precursor of sec. 757.36, Stats. 1989-90, which gives an attorney a lien securing fees from the proceeds of a tort or unliquidated damages contract action when the attorney and client contract for a lien.”
Lorge v. RABL, 2008 WI App 141 (Wis. Ct. App. 2008). · cites it 6× “15(d), and was liable to Lorge for damages; (3) under Wis. Stat. § 757.36 , Lorge had a lien on Rabl's cause of action as security for his attorney fees, and Riley disregarded this lien; and (4) Riley breached his obligation under Wis.”
Vasquez, 114 T.C. 399 (1970). · cites it 4× “This section shall not be construed as changing the law in respect to champertous contracts. [ Wis.”
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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.