- 6 - liens but tax liens, and no person shall be at liberty to satisfy said suit, judgment or decree, until the lien or claim of the attorney for his fees is fully satisfied; and attorneys at law shall have the same right and power over said suits, judgments and decrees, to enforce their liens, as their clients had or may have for the amount due thereon to them. [Id. at 125 n.5 (quoting 46 Ala. Code sec. 64 (1940); quotation marks omitted).] We disagree with petitioners that Cotnam v. Commissioner, supra, controls the Court's decision herein. In our case, the relevant section 34-35-430 of the Alaska Code, i.e., the statute that is applicable here, provides as follows: Sec. 34-35-430. Attorney's lien. (a) An attorney has a lien for compensation, whether specially agreed upon or implied, as provided in this section (1) first, upon the papers of the client that have come into the possession of the attorney in the course of the professional employment; (2) second, upon money in the possession of the attorney belonging to the client; (3) third, upon money in the possession of the adverse party in an action or proceeding in which the attorney is employed, from the giving of notice of the lien to that party; (4) fourth, upon a judgment to the extent of the costs included in the judgment or, if there is a special agreement, to the extent of the compensation specially agreed on, from the giving of notice of the lien to the party against whom the judgment is given and filing the original with the clerk where the judgment is entered and docketed. (b) This lien is, however, subordinate to the rights existing between the parties to the action or proceeding. [Alaska Stat. sec. 34-35-430 (Michie 1996).] This provision stands in marked contrast to the provision of the Alabama Code relied upon by the Court of Appeals for the Fifth Circuit in the Cotnam case. Although both provisions give anPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011