2006 Code of Virginia § 54.1-3932 - Lien for fees

54.1-3932. Lien for fees.

A. Any person having or claiming a right of action sounding in tort, or forliquidated or unliquidated damages on contract or for a cause of action forannulment or divorce, may contract with any attorney to prosecute the same,and the attorney shall have a lien upon the cause of action as security forhis fees for any services rendered in relation to the cause of action orclaim. When any such contract is made, and written notice of the claim ofsuch lien is given to the opposite party, his attorney or agent, anysettlement or adjustment of the cause of action shall be void against thelien so created, except as proof of liability on such cause of action.Nothing in this section shall affect the existing law in respect tochampertous contracts. In causes of action for annulment or divorce anattorney may not exercise his claim until the divorce judgment is final andall residual disputes regarding marital property are concluded. Nothing inthis section shall affect the existing law in respect to exemptions fromcreditor process under federal or state law.

B. Notwithstanding the provisions in subsection A, a court in a case ofannulment or divorce may, in its discretion, exclude spousal support andchild support from the scope of the attorney's lien.

(Code 1950, 54-70; 1988, c. 765; 2001, c. 495.)


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