- 7 - attorney a lien to secure his or her compensation, the Alaska provision, unlike the Alabama provision, does not give attorneys the same right and power over suits, judgments, and decrees as their clients had or may have. In contrast to a client subject to the Alabama provision, a client subject to the Alaska provision retains all proprietary rights in his or her claim, subject to a statutory lien held by the attorney on any proceeds from the claim. See, e.g., Hagans, Brown & Gibbs v. First Natl. Bank, 783 P.2d 1164, 1168 (Alaska 1989) ("the claim belongs to the client and not to the attorney; the client has a right to compromise or even abandon his claim if he sees fit to do so"); see also Phillips v. Jones, 355 P.2d 166, 171 (Alaska 1960) (intent of Alaska attorney lien provision is to give attorneys security for their efforts through a lien on the subject of the action). The Alaska provision also subordinates an attorney's lien "to the rights existing between the parties to the action or proceeding", whereas the lien of an attorney under the Alabama provision is "superior to all liens but tax liens". In fact, the Alaska provision is similar to provisions of the Nebraska and South Dakota Codes, which we held in Petersen v. Commissioner, 38 T.C. 137, 151-152 (1962), were distinguishable from the provisions of the Alabama Code considered by the Court of AppealsPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011