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eBook details

• Title: Sunwest Bank Of Roswell
• Author : New Mexico Supreme Court
• Release Date : January 04, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

We granted certiorari to consider the following two issues: (1) Whether an attorney's charging lien attaches to a judgment in favor of the attorney's client when there is no actual pecuniary recovery; and (2) whether an attorney's charging lien takes priority over a set-off of judgments awarded the attorney's client and an adverse party. We hold that the trial court first must find that a valid contract existed between the attorney asserting the lien and his client, and that the agreement provided for a lien to attach to the client's award. If it does so find, then it is within the trial court's equitable power to determine whether justice and fairness requires the lien to be given priority over a set-off, based on a balancing of the facts and equities of each case. Because the lower court based its holding on its inability to distinguish the facts of Forrest Currell Lumber Co. v. Thomas, 82 N.M. 789, 487 P.2d 491 (1971), from this case, we remand to the trial court to first determine if the contingency fee agreement here was intended to attach to a judgment with no pecuniary recovery. If the court finds the agreement ambiguous and sufficiently broad to include attorney fees upon only a judgment, then it will balance the equities between these parties and decide if the lien is superior to a set-off. Otherwise, the terms of the contingency fee agreement will be applied as written.

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