Judgment Against Attorney

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  1. Judgment may, in like manner, be had in favor of the party aggrieved against any attorney, upon five (5) days' notice, for any money collected or received by the attorney in that capacity, and not paid over on demand by the person entitled, or that person's agent or attorney.
  2. Judgment shall, in such case, be given for the amount so collected or received, with interest, and twelve and one-half percent (12½%) damages, and all costs.

Code 1858, §§ 3616, 3617 (deriv. Acts 1825, ch. 13, § 1); Shan., §§ 5381, 5382; Code 1932, §§ 9540, 9541; T.C.A. (orig. ed.), § 25-320.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney and Client, § 12; 19 Tenn. Juris., Motions and Summary Proceedings, § 6.

Law Reviews.

Legal Profession — Attorney and Client, 24 Tenn. L. Rev. 611.

Malpractice at Bar (Ray L. Jenkins), 26 Tenn. L. Rev. 525.


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