38-2-7 - Compensation -- Attorney's lien.
38-2-7. Compensation -- Attorney's lien.
(1) The compensation of an attorney is governed by agreement between the attorney anda client, express or implied, which is not restrained by law.
(2) An attorney shall have a lien for the balance of compensation due from a client onany money or property owned by the client that is the subject of or connected with workperformed for the client, including, but not limited to:
(a) any real or personal property that is the subject of or connected with the workperformed for the client;
(b) any funds held by the attorney for the client, including any amounts paid as a retainerto the attorney by the client; and
(c) any settlement, verdict, report, decision, or judgment in the client's favor in anymatter or action in which the attorney assisted, including any proceeds derived from the matter oraction, whether or not the attorney is employed by the client at the time the settlement, verdict,report, decision, or judgment is obtained.
(3) An attorney's lien commences at the time of employment of the attorney by the client.
(4) An attorney may enforce a lien under this section by moving to intervene in a pendinglegal action in which the attorney has assisted or performed work, or by filing a separate legalaction. An attorney may not move to intervene in an action or file a separate legal action toenforce a lien before 30 days has expired after a demand for payment has been made and notbeen complied with.
(5) An attorney may file a notice of lien in a pending legal action in which the attorneyhas assisted or performed work for which the attorney has a lien under this section. In addition,an attorney may file a notice of lien with the county recorder of the county in which real propertythat is subject to a lien under this section is located. A notice of lien shall include the following:
(a) the name, address, and telephone number of the attorney claiming the lien;
(b) the name of the client who is the owner of the property subject to the lien;
(c) a verification that the property is the subject of or connected with work performed bythe attorney for the client and that a demand for payment of amounts owed to the attorney for thework has been made and not been paid within 30 days of the demand;
(d) the date the attorney first provided services to the client;
(e) a description of the property, sufficient for identification; and
(f) the signature of the lien claimant and an acknowledgment or certificate as requiredunder Title 57, Chapter 3, Recording of Documents.
(6) Within 30 days after filing the notice of lien, the attorney shall deliver or mail bycertified mail to the client a copy of the notice of lien.
(7) Any person who takes an interest in any property, other than real property, that issubject to an attorney's lien with actual or constructive knowledge of the attorney's lien, takes hisor her interest subject to the attorney's lien. An attorney's lien on real property has as its prioritythe date and time when a notice of lien is filed with the county recorder of the county in whichreal property that is subject to a lien under this section is located.
(8) This section does not alter or diminish in any way an attorney's common lawretaining lien rights.
(9) This section does not authorize an attorney to have a lien in the representation of aclient in a criminal matter or domestic relations matter where a final order of divorce has notbeen secured unless:
(a) the criminal matter has been concluded or the domestic relations matter has beenconcluded by the securing of a final order of divorce or the attorney/client relationship hasterminated; and
(b) the client has failed to fulfill the client's financial obligation to the attorney.
Renumbered and Amended by Chapter 4, 2001 General Session
Repealed and Re-enacted by Chapter 360, 2001 General Session