Bill Text: VA SB817 | 2023 | Regular Session | Chaptered
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-Chaptered.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.
2. That the Office of the Executive Secretary of the Supreme Court of Virginia shall promulgate a form to be filed with the clerk of the circuit court.
