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.