15-19-14. Liens for services rendered; priority; modes of enforcement; other rights.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Attorneys at law shall have a lien on all papers and money of their clients in their possession for services rendered to them. They may retain the papers until the claims are satisfied and may apply the money to the satisfaction of the claims.#
(b)
Upon actions, judgments, and decrees for money, attorneys at law shall have a lien superior to all liens except tax liens; and no person shall be at liberty to satisfy such an action, judgment, or decree until the lien or claim of the attorney for his fees is fully satisfied. Attorneys at law shall have the same right and power over the actions, judgments, and decrees to enforce their liens as their clients had or may have for the amount due thereon to them.#
(c)
Upon all actions for the recovery of real or personal property and upon all judgments or decrees for the recovery of the same, attorneys at law shall have a lien for their fees on the property recovered superior to all liens except liens for taxes, which may be enforced by mortgage and foreclosure by the attorneys at law or their lawful representatives as liens on personal property and real estate are enforced. The property recovered shall remain subject to the liens unless transferred to bona fide purchasers without notice.#
(d)
If an attorney at law files his assertion claiming a lien on property recovered in an action instituted by him, within 30 days after a recovery of the same, his lien shall bind all persons.#
(e)
The same liens and modes of enforcement thereof which are allowed to attorneys at law who are employed to bring an action for any property, upon the property recovered, shall be equally allowed to attorneys at law employed and serving in defense against such actions in case the defense is successful.#
(f)
This Code section shall not affect the rights of attorneys under Code Section 15-19-13 and decisions of the Supreme Court and Court of Appeals thereon.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1873, p. 42, § 16; Code 1873, § 1989; Ga. L. 1880-81, p. 63, § 3; Code 1882, § 1989; Civil Code 1895, § 2814; Civil Code 1910, § 3364; Code 1933, § 9-613.

Cross references

Validity and enforcement of obligations to pay attorney’s fees upon notes or other evidences of indebtedness, § 13-1-11. Liens generally, § 44-14-320 et seq.

Law reviews

For article, ‘‘The Rights of Attorneys and Their Clients in Fee Disputes,’’ see 16 Ga. St. B.J. 150 (1980). For article, ‘‘Trust Account Rules for Georgia Lawyers,’’ see 24 Ga. St. B.J. 22 (1987). For annual survey of commercial law, see 43 Mercer L. Rev. 119 (1991). For article, ‘‘Setting the Fee When the Client Discharges a Contingent Fee Attorney,’’ see 41 Emory L.J. 367 (1992). For annual survey article discussing legal ethics, see 51 Mercer L. Rev. 353 (1999). For annual survey article discussing trial practice and procedure, see 51 Mercer L. Rev. 487 (1999). For annual survey of legal ethics decisions, see 57 Mercer L. Rev. 273 (2005); 58 Mercer L. Rev. 239 (2006). For annual survey on legal ethics, see 64 Mercer L. Rev. 189 (2012).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch12-24-(v13a)-2015-pdf.pdf, Volume V13A, 2015 edition, pages 395 to 396; merge action: annotated; file SHA-256 3ead04cf60ab.

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