ATTORNEY'S FEES-CHARGING LIEN Austin v. Thyssenkrupp Elevator Corp., 2021 Pa. Super. LEXIS 301 (May 14, 2021) (Stevens, P.J.E.) Interesting case discussing when an attorney has a right to a charging lien for a fee. With these precepts in mind, we agree with Attorney Schneider that there are equitable considerations necessitating the recognition and application of an attorney’s charging lien in the instant case. Specifically, it is clear from the record that if the attorney’s fees are not paid from the settlement agreement proceeds, no compensation will be paid to Attorney Schneider. Austin and tkE reached the oral settlement agreement on November 30, 2017, and on May 1, 2019, this Court expressly held that such an agreement existed. Thereafter, for almost two years, and for reasons unknown, Austin refuses to sign the written release. Meanwhile, Attorney Schneider has not been paid for his efforts, which directly resulted in the settlement agreement. Further, inasmuch as Austin discharged Attorney Schneider after the settlement agreement was reached, Attorney Schneider is no longer the counsel to whom the proceeds will be distributed, in the event Austin signs the written release. Thus, Attorney Schneider is faced…
Attorney’s Fees
July 23rd, 2019 by Rieders Travis in Attorney's Fees