Attorney's lien on proceeds of action.

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16-18-21. Attorney's lien on proceeds of action.

An attorney and counselor at law has a lien for a general balance of compensation in and for each case upon:

(1)Any paper belonging to his client which has come into his hands in the course of his professional employment in the case for which the lien is claimed;

(2)Money in his hands belonging to his client in the case;

(3)Money due his client in the hands of the adverse party or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of giving notice in writing to such adverse party or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed and in general terms for what services; after judgment in any court of record such notice may be given and the lien made effective against the judgment debtor by entering it in the judgment docket.

Source: PolC 1877, ch 18, §9; CL 1887, §470; RPolC 1903, §702; RC 1919, §5266; SDC 1939 & Supp 1960, §32.1205; SL 1983, ch 157, §3.


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