Does Attorney Have To Present Bill Prior To Placing Lien

[rheged]

fired attorney prior to settlement or filing of case. can he place lien against settlement with out subnitting a bill.

[sebastiano]

Steelers QB's attorney rejects settlement offer CARSON CITY, Nev. -- The attorney for Pittsburgh Steelers quarterback Ben Roethlisberger on Wednesday rejected a settlement offer by a Nevada woman who claims the Super Bowl champion sexually assaulted her at a Lake Tahoe hotel-casino.The rejection was in response to a letter, filed last week as part of a motion from Cal Dunlap, the woman's Reno attorney, that said she would be willing to settle the civil matter against Roethlisberger if he admits to raping her, apologizes and gives $100,000 to the Committee to Aid Abused Women, a non-profit agency in Reno that helps victims of domestic violence.In a written statement, Roethlisberger attorney David Cornwell called the woman's offer "bizarre" and an "insult to women who have legitimately suffered from sexual misconduct."Last month, they demanded she drop the lawsuit and write a letter of apology to the NFL star. In return, Roethlisberger would release both the woman and Dunlap from any legal liability stemming from the "conspiracy to extort and defame" him.Those demands have been rejected by the woman, Dunlap said in his letter. It added that her settlement offer was made to negate claims by the quarterback's attorneys that she filed her suit to get money from him.Dunlap said the woman is a sexual assault victim who "was violated in every sense of the term."Dunlap refused further comment when contacted Wednesday.Cornwell countered that the woman was given the option for a "graceful exit.""We will continue to press our defenses and claims and pursue our application for sanctions," he said.In other developments, the case in Washoe District Court has been reassigned to another judge, the third since the case was filed. District Judge Brent Adams will consider pending motions on whether the case should be moved to Douglas County. Depending on that ruling, he also would decide various other motions, including whether the case should proceed or be dismissed, attorneys said.No hearings have been scheduled.The woman, a VIP casino hostess, filed the civil suit against Roethlisberger in July, claiming the Super Bowl-winning quarterback raped her in 2008 in a hotel penthouse across the street from a golf course where he was playing in a celebrity tournament.The AP, as a matter of policy, does not identify people who say they have been sexually assaulted.In other documents filed late Tuesday, Dunlap said the woman was stationed as a concierge on the 17th floor on July 11, 2008, when Roethlisberger returned to his room with a young woman. About 20 minutes later, he walked that woman to the elevator, then stopped by the concierge desk and chatted with staff, including his accuser.A few minutes later, the documents said, Roethlisberger reportedly called the woman and asked her if she could fix his television. The woman said the television was working properly and that Roethlisberger then blocked her from leaving and assaulted her.In the same filing, Dunlap also said the woman told her roommate and others of the encounter soon after the alleged attack and in the months that followed.She did not report the incident to police, something advocates for rape victims say is not unusual.Roethlisberger has denied the allegations.Dunlap late Tuesday also countered suggestions by Roethlisberger's lawyers that the woman is mentally ill."It is in fact their slanderous allegations and total trashing of every aspect of her life, relevant or not, that adds to her distress," he wrote. "But, despite this horrible barrage of unwarranted defamation, this woman has held her head high, has gone into the den of the defendants and has continued to do her job without fail under the most egregious circumstances possible."This is something that a mentally ill person would certainly not be able to carry off."The civil suit also names eight Harrah's officials as defendants, alleging they orchestrated a cover-up of the incident. The suit says she suffered depression, was hospitalized and forced to take leave from her job in the year after the incident.In previous court documents, the attorney for hotel security chief Guy Hyder and other Harrah's defendants said the woman kept him "informed with running e-mail commentary about her plan to have sex with Roethlisberger.""Hyder did not report it to management, since having consensual sex with a hotel patron, while on the job, would get her fired," the motion said. Sources: http://www.sportingnews.com/nfl/article/2009-09-09/steelers-qbs-attorney-rejects-settlement-offer newuser50030723 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Farrel]

A Prince William County judge has ruled that an attorney cannot perfect a lien he placed on proper.. Divorce lawyer's lien is rejected by Prince William County judge.(Rossie D. Alston Jr.)Byline: Alan CooperA Prince William County judge has ruled that an attorney cannot perfect a lien he placed on property transferred to the spouse of his client during a divorce.The decision stems from the 2001 amendment of Virginia Code Sect. 54.1-3932(A) adding divorces to the causes of action for which an attorney has a lien to secure payment of his fees. Attorneys long have had a lien on causes of action on recoveries in tort and contract.Deborah Clare Olson and Scott Charles Olson signed a property settlement agreement in June 2006 that was incorporated into their final divorce decree a month later. The agreement required the husband to transfer his interest in the marital home to the wife by quitclaim deed.In February 2007, the husband's attorney, Timothy W. Graves, filed an attorney's lien on the property, which was then held by the couple as tenants in common after having been owned by them as tenants by the entirety before the divorce. The husband finally filed the quitclaim deed 10 days later.Graves then filed suit to perfect the lien so that he could foreclose on the home to collect the fee owed by the husband. David M. Levy, the attorney for the wife, filed a demurrer contending that the attorney's lien could attach only to property that has some value to Graves's client.Although the husband technically had an interest in the property when Graves filed his lien, that interest had been terminated in the settlement agreement's transfer of the home to the wife, Levy argued. Sources: http://www.accessmylibrary.com/article-1G1-175338050/divorce-lawyer-lien-rejected.html newuser52772255 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[cruz50]

Divorce lawyer's lien is rejected by Prince William County judge.(Rossie D. Alston Jr.)Byline: Alan CooperA Prince William County judge has ruled that an attorney cannot perfect a lien he placed on property transferred to the spouse of his client during a divorce.The decision stems from the 2001 amendment of Virginia Code Sect. 54.1-3932(A) adding divorces to the causes of action for which an attorney has a lien to secure payment of his fees. Attorneys long have had a lien on causes of action on recoveries in tort and contract.Deborah Clare Olson and Scott Charles Olson signed a property settlement agreement in June 2006 that was incorporated into their final divorce decree a month later. The agreement required the husband to transfer his interest in the marital home to the wife by quitclaim deed.In February 2007, the husband's attorney, Timothy W. Graves, filed an attorney's lien on the property, which was then held by the couple as tenants in common after having been owned by them as tenants by the entirety before the divorce. The husband finally filed the quitclaim deed 10 days later.Graves then filed suit to perfect the lien so that he could foreclose on the home to collect the fee owed by the husband. David M. Levy, the attorney for the wife, filed a demurrer contending that the attorney's lien could attach only to property that has some value to Graves's client.Although the husband technically had an interest in the property when Graves filed his lien, that interest had been terminated in the settlement agreement's transfer of the home to the wife, Levy argued.

[Brendis]

CARSON CITY, Nev. -- The attorney for Pittsburgh Steelers quarterback Ben Roethlisberger on Wednesday rejected a settlement offer by a Nevada woman who claims the Super Bowl champion sexually assaulted her at a Lake Tahoe hotel-casino.The rejection was in response to a letter, filed last week as part of a motion from Cal Dunlap, the woman's Reno attorney, that said she would be willing to settle the civil matter against Roethlisberger if he admits to raping her, apologizes and gives $100,000 to the Committee to Aid Abused Women, a non-profit agency in Reno that helps victims of domestic violence.In a written statement, Roethlisberger attorney David Cornwell called the woman's offer "bizarre" and an "insult to women who have legitimately suffered from sexual misconduct."Last month, they demanded she drop the lawsuit and write a letter of apology to the NFL star. In return, Roethlisberger would release both the woman and Dunlap from any legal liability stemming from the "conspiracy to extort and defame" him.Those demands have been rejected by the woman, Dunlap said in his letter. It added that her settlement offer was made to negate claims by the quarterback's attorneys that she filed her suit to get money from him.Dunlap said the woman is a sexual assault victim who "was violated in every sense of the term."Dunlap refused further comment when contacted Wednesday.Cornwell countered that the woman was given the option for a "graceful exit.""We will continue to press our defenses and claims and pursue our application for sanctions," he said.In other developments, the case in Washoe District Court has been reassigned to another judge, the third since the case was filed. District Judge Brent Adams will consider pending motions on whether the case should be moved to Douglas County. Depending on that ruling, he also would decide various other motions, including whether the case should proceed or be dismissed, attorneys said.No hearings have been scheduled.The woman, a VIP casino hostess, filed the civil suit against Roethlisberger in July, claiming the Super Bowl-winning quarterback raped her in 2008 in a hotel penthouse across the street from a golf course where he was playing in a celebrity tournament.The AP, as a matter of policy, does not identify people who say they have been sexually assaulted.In other documents filed late Tuesday, Dunlap said the woman was stationed as a concierge on the 17th floor on July 11, 2008, when Roethlisberger returned to his room with a young woman. About 20 minutes later, he walked that woman to the elevator, then stopped by the concierge desk and chatted with staff, including his accuser.A few minutes later, the documents said, Roethlisberger reportedly called the woman and asked her if she could fix his television. The woman said the television was working properly and that Roethlisberger then blocked her from leaving and assaulted her.In the same filing, Dunlap also said the woman told her roommate and others of the encounter soon after the alleged attack and in the months that followed.She did not report the incident to police, something advocates for rape victims say is not unusual.Roethlisberger has denied the allegations.Dunlap late Tuesday also countered suggestions by Roethlisberger's lawyers that the woman is mentally ill."It is in fact their slanderous allegations and total trashing of every aspect of her life, relevant or not, that adds to her distress," he wrote. "But, despite this horrible barrage of unwarranted defamation, this woman has held her head high, has gone into the den of the defendants and has continued to do her job without fail under the most egregious circumstances possible."This is something that a mentally ill person would certainly not be able to carry off."The civil suit also names eight Harrah's officials as defendants, alleging they orchestrated a cover-up of the incident. The suit says she suffered depression, was hospitalized and forced to take leave from her job in the year after the incident.In previous court documents, the attorney for hotel security chief Guy Hyder and other Harrah's defendants said the woman kept him "informed with running e-mail commentary about her plan to have sex with Roethlisberger.""Hyder did not report it to management, since having consensual sex with a hotel patron, while on the job, would get her fired," the motion said.

[Chuck]

Real estate men and building operators are much interested in the new Lien Law bill introduced into the Legislature at Albany by Assemblyman Fleck, and which is now in the hands of the Judiciary Committee. The new bill makes several important changes in the existing law, and they have been generally approved by those holding realty interests.This is in response to your request for an Attorney General Opinion on substantially the following question: DOES s. 180.135, F.S.(1984 SUPP.), PROHIBIT A MUNICIPALITY FROM PLACING A LIEN ON REAL PROPERTY FOR DELINQUENT TENANT WATER ACCOUNTS NOTWITHSTANDING s. 159.17, F.S., WHICH PROVIDES THAT A MUNICIPALITY ISSUING REVENUE BONDS SHALL HAVE A LIEN ON ALL LANDS OR PREMISES SERVED BY ANY MUNICIPAL WATER AND SEWER SYSTEM?Part I of Ch. 159, F.S., the "Revenue Bond Act of 1953" authorizes the issuance of revenue bonds by counties and municipalities for the acquisition or construction and payment of the cost of certain projects and improvements as defined therein. Section 159.17, F.S., of the act provides: Any municipality issuing revenue bonds hereunder shall have a lien on all lands or premises served by any water system, sewer system or gas system for all service charges for such facilities until paid, which liens shall be prior to all other liens on such lands or premises except the lien of state, county and municipal taxes and shall be on a parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by such municipality in the manner provided by the laws of Florida for the foreclosure of mortgages on real property.