Bill Text: VA SB817 | 2023 | Regular Session | Prefiled
Bill Title: Attorney fees; written notice of lien requirements, validity and amount determinations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-22 - Governor: Acts of Assembly Chapter text (CHAP0234) [SB817 Detail]
Download: Virginia-2023-SB817-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §54.1-3932 of the Code of Virginia is amended and reenacted as follows:
§54.1-3932. Lien for fees.
A. Any person having or claiming a
right cause
of action (i) sounding
in tort, or (ii) for liquidated or
unliquidated damages on contract,
or for a cause of action (iii) for
annulment or divorce,
may contract with any attorney to prosecute the same, and
the, upon contracting
such attorney, the
attorney shall have a lien upon the cause of action as
security for his fees for any services rendered in relation to the cause of
action or claim. When any such contract is made, and written notice of the
claim of such lien is given to the client or
former client, the opposite party,
his or such party's
attorney or agent, and the clerk of
court in which a case may be pending, any settlement or
adjustment of the cause of action shall be is void against the lien so created, except as proof of
liability on such cause of action. Written
notice of the lien shall be given either within
45 days of
the end of representation or (a) in
causes of action sounding
in tort or for liquidated or unliquidated
damages on contract,
before settlement or
adjustment, whichever is earlier
or (b) in cases of
annulment or divorce,
before final judgment is entered, whichever is
earlier. Nothing
in this section shall affect affects the existing law in
respect to champertous contracts. In causes of action for annulment or divorce an attorney, the court may not exercise
his claim determine the
validity or amount of the lien until the divorce judgment
is final and all residual disputes regarding marital property are concluded.
Nothing in this section shall
affect affects
the existing law in respect to exemptions from creditor process under federal
or state law.
B. Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney's lien.
C. The validity and amount of the 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 validity and amount of the lien shall be determined by the court without a jury.