Attorney Lien

Federal 7th Circuit Court
Civil Court
Goyal v. Gas Technology Institute
Citation
Case Number: 
No. 12-3756
Decision Date: 
June 3, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in granting plaintiff’s motion to quash attorney lien on proceeds generated from plaintiff’s $1.3 million settlement of lawsuit in which counsel represented plaintiff at one time, under circumstances where counsel had withdrawn as counsel prior to plaintiff obtaining said settlement on her own behalf. No valid attorney lien existed where terms of retainer agreement called for payment of fees on all funds “secured by [counsel],” and record showed that, during his representation of plaintiff, counsel merely obtained $375,000 offer to settle case that was ultimately rejected by plaintiff. Ct. further issued rule to show cause that required counsel to explain why he should not be sanctioned where counsel asserted $70,000 lien on $375,000 rejected offer, where lien was significantly greater than ten percent figure for his fee contained in retainer agreement.