POTTER v. SCHLESSER CO., INC.

TC 9710-08216; CA A105159; SC S48493.

63 P.3d 1172 (2003)

335 Or. 209

Donald B. POTTER, Petitioner on Review, v. SCHLESSER COMPANY, INC., Respondent on Review.

Supreme Court of Oregon.

Decided February 21, 2003.


Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause and filed the briefs for petitioner on review.

Michael E. Farnell, of Hagen, Dye, Hirschy & DiLorenzo, PC, Portland, argued the cause and filed the brief for respondent on review.

Richard S. Yugler, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


De MUNIZ, J.

The issue presented in this case is whether plaintiff, an attorney, can enforce an attorney's lien for fees against defendant when plaintiff's client and defendant settled their action without plaintiff's knowledge and without satisfying plaintiff's lien. The Court of Appeals and the trial court concluded that plaintiff could not enforce the lien against defendant. We disagree and reverse the decision of the Court of Appeals and the judgment of the trial...

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