Court properly dismissed Appellant attorney's motion to intervene and for adjudication of its alleged lien on sums paid in settlement of personal injury (PI) action. Attorney had represented Plaintiff in unrelated family law matter, but not in PI matter. Plaintiff executed $80,000 promissory note payable to Appellant attorney for legal services rendered in family law case, stating it is payable immediately upon Plaintiff's right to recover in PI case. Documents signed do not contain express statement that Plaintiff assigned a specified portion of proceeds from PI action to Appellant, and no provisions states that Appellant was to look to settlement proceeds for payment of Promissory Note rather than to Plaintiff personally. Court properly found that terms of documents did not form basis of equitable lien in favor of Appellant on proceeds of Plaintiff's PI settlement. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Liens