Montana Code Annotated 2013

Clickable Image


     37-61-420. Judgment lien for compensation. (1) The compensation of an attorney and counselor for services is governed by agreement, express or implied, which is not restrained by law.
     (2) From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon the client's cause of action or counterclaim that attaches to a verdict, report, decision, or judgment in the client's favor and the proceeds of the action or counterclaim. The lien cannot be affected by any settlement between the parties before or after judgment.

     History: En. Sec. 430, C. Civ. Proc. 1895; re-en. Sec. 6422, Rev. C. 1907; re-en. Sec. 8993, R.C.M. 1921; re-en. Sec. 8993, R.C.M. 1935; R.C.M. 1947, 93-2120; amd. Sec. 1442, Ch. 56, L. 2009.

Previous Section MCA Contents Part Contents Help Next Section