Section 8.12 Attorney Liens
Library | Settling Cases 2014 |
Section 484.130, RSMo 2000, provides that an attorney has a lien on the client’s cause of action from the commencement of the action. The lien attaches to a judgment in favor of the client. It cannot be affected by a settlement between the parties. Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558, 566–67 (Mo. App. W.D. 2011). Section 484.140, RSMo 2000, authorizes contingent fee contracts in certain civil actions, including personal injury claims. The attorney’s lien under a contingent...
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- Section 8.1 Scope
- Section 8.2 Lien
- Section 8.3 Subrogation
- Section 8.4 Assignment
- Section 8.5 Blurred Distinctions
- Section 8.6 Effects of Settlement or Judgment
- Section 8.7 Splitting a Cause of Action
- Section 8.8 Subrogation and Assignment of Property Damage Claims
- Section 8.9 No Subrogation or Assignment of Personal Injury Claims
- Section 8.10 Exceptions to Prohibition on Assignment or Subrogation of Personal Injury Claims
- Section 8.11 Hospital Liens
- Section 8.12 Attorney Liens
- Section 8.13 Workers’ Compensation
- Section 8.14 Uninsured Motorist Coverage
- Section 8.15 Medicaid Benefits
- Section 8.16 Children’s Special Health Care Needs Service
- Section 8.17 Department of Mental Health Services
- Section 8.18 Child Support and Maintenance
- Section 8.19 Crime Victims’ Compensation
- Section 8.20 Liens Created by Contract
- Section 8.21 Medicare
- Section 8.22 Veterans’ Administration and Military Benefits
- Section 8.23 Federal Employees’ Compensation Act
- Section 8.24 Employee Retirement Income Security Act of 1974
- Section 8.25 Enforceability of an Employee Retirement Income Security Act of 1974 Subrogation Lien
- Section 8.26 Collecting Attorney Fees for Satisfying an Employee Retirement Income Security Act of 1974 Subrogation Claim
- Section 8.27 Determining Amount of Attorney Fees Owed by an Employee Retirement Income Security Act of 1974 Plan
- Section 8.28 Plan Documents That Disallow Attorney Fees
- Section 8.29 Ethical Considerations for Plaintiff’s Attorney
- Section 8.30 Federal Benefits Generally
- Section 8.31 Choice-of-Law Issues
- Section 8.32 Workers’ Compensation
- Section 8.34 Public Policy Issues Relating to Choice of Law
- Section 8.35 Practical Suggestions
- Section 8.36 Conclusion
- Section 8.37 Sample Paragraph Providing Description of Liens and Subrogation
- Section 8.38 Sample Set of Questions
- Section 8.39 Letter Soliciting Subrogation Information
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