484.130. Compensation of attorney governed by agreement--lien upon client's cause of action. - Missouri Statutes

Compensation of attorney governed by agreement--lien upon client'scause of action.

484.130. The compensation of an attorney or counselor forhis services is governed by agreement, express or implied, whichis not restrained by law. From the commencement of an action orthe service of an answer containing a counterclaim, the attorneywho appears for a party has a lien upon his client's cause ofaction or counterclaim, which attaches to a verdict, report,decision or judgment in his client's favor, and the proceedsthereof in whosesoever hands they may come; and cannot beaffected by any settlement between the parties before or afterjudgment.

(RSMo 1939 § 13337)

Prior revisions: 1929 § 11716; 1919 § 690; 1909 § 964

(1956) Attorney is not restricted to any particular remedy to enforce his lien. Where defendant and plaintiff settled personal injury case without consulting plaintiff's attorney and with full knowledge that suit was pending in Missouri, attorneys were entitled to recover fees from defendant notwithstanding settlement was reduced to judgment in Tennessee. Satterfield v. Southern Ry. Co. (A.), 287 S.W.2d 395.

(1956) Defendant's attorneys in partition action were not entitled to fee out of client's share under § 528.530 nor under § 484.130, because they did nothing to produce funds for their client. Munday v. Thielecke (Mo.), 290 S.W.2d 88.

(1967) A statutory attorney's lien is cumulative, rather than exclusive of existing rights or remedies. Downs v. Hodge (A.), 413 S.W.2d 519.

(1972) There is no authority for an attorney's lien on an undistributed share of an estate. Carter v. Stendeback (A.), 482 S.W.2d 534.

(1987) Attorney's lien attaches to an award arising out of a divorce proceeding and such a lien arose where attorney did services for client to set aside dissolution settlement as unconscionable before being fired by client and even though attorney had entered into unlawful contingency fee contract with ex-client. Roberds v. Sweitser, 733 S.W.2d 444 (Mo.banc 1987).