Legal Opinion

Potter v. Schlesser Co., Inc.

Oregon Supreme Court

Decided February 21, 2003No. TC 9710-08216; CA A105159; SC S48493PublishedCited by 12 opinions

1Opinion of the CourtDe Muniz, J.

The issue presented in this case is whether plaintiff, an attorney, can enforce an attorney’s lien for fees against defendant when plaintiffs client and defendant settled their action without plaintiffs knowledge and without satisfying plaintiffs lien. The Court of Appeals and the trial court concluded that plaintiff could not enforce the lien against defendant. We disagree and reverse the decision of the Court of Appeals and the judgment of the trial court.

We take the material facts from the Court of Appeals’ opinion:

“Plaintiff, an attorney, represented George Hunt in an action for racial…

2Cases cited4 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Sargent v. . McLeodNew York Court of Appeals · 1913
  3. Crawford v. CraneOregon Supreme Court · 1955
  4. Potter v. Schlesser Co.Court of Appeals of Oregon · 2000

3Cited by12 opinions

  1. Pereira v. ThompsonCourt of Appeals of Oregon · 2009
  2. Sigitas Banaitis v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2003
  3. BASTASCH v. HansenCourt of Appeals of Oregon · 2010
  4. Bastasch v. HansenCourt of Appeals of Oregon · 2010
  5. Jones v. BhattacharyyaCourt of Appeals of Oregon · 2020

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