CALIFORNIA FAMILY LAW
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Attorney Fees
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Between Attorney and Client
.........Liens: Charging and Retaining
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Attorney charging liens.
Attorney must obtain client's consent in writing before securing payment of hourly legal fees/costs with charging lien against client's future recovery.
Subsequent atty in settlement cases not entitled to vacate first atty's settlement lien against clients where he was not a party to judgment and ct. lacked juris. to determine validity of his lien claim or amount of funds to be paid to former clients.
An attorney's lien on the prospective recovery of a client must be enforced in a separate action.
Attorney cannot impress charging lien on funds owed client by ex-H as they were payments of ex-H's c/s obligation; client's assignment to County for AFDC reimbursement proper.
Charging liens recognized between attorney and client.
When a settlement draft is made out jointly to the attorney and client and deposited in the client trust account, the attorney may withhold an amount equivalent to the attorney’s lien.