Smith v. Parker

UPCHURCH, Chief Judge.

This is an appeal from a final order enforcing an attorney’s charging lien against bonds payable to a survivor in a wrongful death action.

Appellant Smith retained attorney Edward Beshara, appellee, on a thirty-three and one-third percent contingency fee contract, to bring a wrongful death action arising from an accident in which Smith’s son, Michael, had been killed. The contract authorized Beshara “to designate any attorney or employee to perform these services.” On May 16, 1984, Beshara filed a notice of appearance in a pending probate proceeding over the son’s estate.…