Divorce Attorney’s Lien for Survives Collection Challenge

Tennessee case abstract on lawyer’s liens in divorce.

Bradi M. Baker-Brunkhorst v. Geoffrey B. Brunkhorst

After lower than 5 years of marriage, the spouse on this Madison County, Tennessee, case filed for divorce in 2015.  After her first lawyer withdrew from the case, the brand new legislation agency’s employment agreement allowed it to position a lien on any belongings recovered or preserved within the divorce motion.

The events entered right into a marital dissolution agreement that coated two properties.  The husband was to pay $115,000, and the spouse was to signal a quitclaim deed.  The husband died a number of months later, with out having made the fee, and with out the spouse’s having signed the quitclaim deed.

The legislation agency filed a discover of its lien with the county registrar’s workplace, requesting a lien in opposition to the properties.  Ultimately, the divorce courtroom awarded the legislation agency a judgment, and granted its movement to good and implement the lien.

The administrator of the husband’s property then objected, and requested for the sooner ruling to be put aside.  The movement was denied, and the property appealed to the Tennessee Court of Appeals.

The Court of Appeals denied the appeal.  It famous that the lawyer’s lien attaches to any property flowing from a judgment, so long as the lawyer labored to safe that judgment.  That requirement had been met on this case.

The appeals courtroom famous that the movement to reopen was not correct, because it was not premised on a change in controlling legislation, beforehand unavailable proof, or clear error of legislation.  Therefore, the trial courtroom property let the earlier judgment stand.

The Court of Appeals affirmed the decrease courtroom’s judgment and assessed the prices of appeal in opposition to the property.

No. W2020-00154-COA-R3-CV (Tenn. Ct. App. Feb. 22,  2021).

See authentic opinion for precise language.  Legal citations omitted.

To study extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.