Thursday, July 26, 2018

New decision on attorney lien enforcement

In a new decision addressing attorney charging liens, the Oklahoma Court of Civil Appeals held that a counterclaim for malpractice against the attorney seeking to enforce the lien was not a compulsory counterclaim in the proceeding to enforce the lien, and therefore was properly dismissed. 

Also, because the enforcement of the lien was equitable in nature, it was within the jurisdiction of the assigned Special Judge notwithstanding the limitations on the jurisdiction of special judges.

Friday, July 6, 2018

Judgment reversed where counsel was late for trial

The Oklahoma Court of Civil Appeals reversed a small claims court judgment where defendant's counsel was late for court due to a clerical error on counsel's calendar, even though counsel had not yet entered an appearance, but where counsel had contacted the court, and his client advised the court that her attorney was late.