Printable Format7-109. Same; amount of lien. Where any judgment has or may be collected or paid to the clerk of any court rendering the same, on execution or otherwise, upon which an attorney's lien is claimed, the court in which such judgment was or is rendered may in term-time, or the judge of said court at chambers, without formal pleadings, on application of any party interested, determine the amount due on said attorney's lien, if any, and make an order for the distribution of said moneys according to the respective rights of the parties. Upon receipt of such order, the clerk shall make such distribution. Notice of such application and the time and place of such hearing shall be served on the opposite party at least five days prior to the time named in the notice for the hearing.
History: G.S. 1868, ch. 11, § 9; L. 1903, ch. 65, § 1; February 28; R.S. 1923, § 7-109.
Law Review and Bar Journal References:
"Ethical and Legal Issues Related to a Lawyer's Retention of Client's Property and Documents," Arno Windscheffel, 57 J.K.B.A. No. 8, 25, 26, 27 (1988).
"Peer Review Revisited," John W. Johnson, 34 J.K.A.J., No. 4, 10 (2011).
CASE ANNOTATIONS
1. Lien of attorney subject to right to set off judgments. Turner v. Crawford, 14 Kan. 499, 500.
2. Champertous contract cannot be enforced; lien does not attach. A.T. & S.F. Rld. Co. v. Johnson, 29 Kan. 218.
3. Suit for moneys received and claimed by attorney; proceedings considered. Dobbs v. Campbell, 66 Kan. 805, 72 P. 273.
4. Agreement of client not to settle without written consent, void. Railway Co. v. Service, 77 Kan. 316, 321, 94 P. 262.
5. Lien on moneys due from settlement of suits in Missouri. Anderson v. Street Railway Co., 86 Kan. 179, 180, 119 P. 379.
6. Application for distribution is motion; affidavits permitted on hearing. Ricardo v. Coal & Coke Co., 102 Kan. 170, 171, 171 P. 351.
7. Application may be made without formal pleadings. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
8. Neither party entitled to jury on hearing of application. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
9. Method of establishing value of services considered; expert testimony. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
10. Elements entering into value of legal services considered. Epp v. Hinton, 102 Kan. 435, 438, 170 P. 987.
11. "Retaining" and "charging" liens considered: procedure for enforcement. Ahalt v. Gatewood, 109 Kan. 328, 331, 198 P. 970.
12. It is for court to determine amount of lien. Trinkle v. McCue, 113 Kan. 623, 625, 216 P. 263.
13. Proceedings to enforce lien are summary. Dannenberg v. Dannenberg, 151 Kan. 600, 602, 100 P.2d 667.
14. Nonstatutory bastardy proceeding; attorney's lien on proceeds upheld. Grayson v. Grayson, 182 Kan. 285, 286, 320 P.2d 803.
15. Reasonable contingent fee enforceable hereunder; nonstatutory child support and maintenance action. Grayson v. Pyles, 184 Kan. 116, 117, 118, 120, 334 P.2d 341.
16. Cases reviewed, statute construed and applied. Grayson v. Pyles, 184 Kan. 116, 117, 118, 120, 334 P.2d 341.
17. Mentioned in holding attorney fees allowed under G.S. 1949, 40-256 were reasonable. Wolf v. Mutual Benefit Health & Accident Association, 188 Kan. 694, 714, 366 P.2d 219.
18. Mentioned; written retainer created lien. Melton v. Prickett, 203 Kan. 501, 505, 456 P.2d 34.
19. Trial court order directing client to pay attorney's lien from unpaid child support settlement affirmed. In re Marriage of Wageman, 25 Kan. App. 2d 682, 685, 968 P.2d 1114 (1998).