Knight Ins., Inc. v. Knight

BURNETT, Judge.

This is an appeal from an order denying a motion to set aside a default judgment. The judgment had been entered upon an attorney’s charging lien under I.C. § 3-205. Two procedural issues are presented. The first is whether the district court should have granted relief from the default judgment. The second, an issue of first impression, is whether a trial court may direct that any claim of attorney malpractice be asserted in the same case where the attorney is seeking to collect on the charging lien. For reasons set forth below, we vacate the default judgment but uphold the…