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2023 SESSION
SB 817 Attorney fees; written notice of lien requirements, validity and amount determinations.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. The bill specifies that the validity and amount of such a lien shall be determined by the court without a jury and directs the Office of the Executive Secretary to create a form to be filed with the clerk of the circuit court. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
SUMMARY AS INTRODUCED:
Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. Finally, the bill specifies that the validity and amount of such a lien shall be determined by the court without a jury. This bill is a recommendation of the Boyd-Graves Conference.