Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Jun 09, 2009 |
reported referred to rules |
Jun 03, 2009 |
referred to judiciary |
Assembly Bill A8697
2009-2010 Legislative Session
Sponsored By
TITONE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Helene Weinstein
Peter Rivera
2009-A8697 (ACTIVE) - Details
2009-A8697 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8697 TITLE OF BILL: An act to amend the judiciary law, in relation to authorizing an attorney to attach a charging lien to awards and settle- ment proceeds that clients receive through alternative dispute resol- utions and settlement negotiations Purpose Or General Idea Of Bill: To allow for an attorney's charging lien to become effective upon commencement of alternative dispute resol- ution proceedings. Summary Of Specific Provisions: This bill would allow an attorney to attach a charging lien to awards and settlement proceeds that clients receive in arbitration or through other forms of alternative dispute resolution. Effects Of Present Law Which This Bill Would Alter: Present law permits such liens to attach only upon commencement of an action. Justification: The practice of law has changed tremendously since Section 475 was last revised in 1946 and Section 475-a was adopted in 1955. Since then, alternative dispute resolution, including both arbi- tration and mediation, has become a common, universally-accepted, means of dispute resolution. Such proceedings generally provide clients with a more economical approach to dispute resolution than an action through the courts, due to abbreviated discovery and limited motion practice.
2009-A8697 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8697 2009-2010 Regular Sessions I N A S S E M B L Y June 3, 2009 ___________ Introduced by M. of A. TITONE, WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to authorizing an attor- ney to attach a charging lien to awards and settlement proceeds that clients receive through alternative dispute resolutions and settlement negotiations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 475 of the judiciary law, as amended by chapter 105 of the laws of 1946, is amended to read as follows: S 475. Attorney's lien in action, special or other proceeding. From the commencement of an action, special or other proceeding in any court or before any state, municipal or federal department, except a depart- ment of labor, or the service of an answer containing a counterclaim, OR THE INITIATION OF ANY MEANS OF ALTERNATIVE DISPUTE RESOLUTION INCLUDING, BUT NOT LIMITED TO, MEDIATION OR ARBITRATION, OR THE PROVISION OF SERVICES IN A SETTLEMENT NEGOTIATION AT ANY STAGE OF THE DISPUTE, the attorney who appears for a party has a lien upon his OR HER client's cause of action, claim or counterclaim, which attaches to a verdict, report, determination, decision, AWARD, SETTLEMENT, judgment or final order in his OR HER client's favor, and the proceeds thereof in whatever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment, final order or determi- nation. The court upon the petition of the client or attorney may determine and enforce the lien. S 2. Section 475-a of the judiciary law, as added by chapter 551 of the laws of 1955, is amended to read as follows: S 475-a. NOTICE OF LIEN. If prior to the commencement of an action, ARBITRATION, MEDIATION OR A FORM OF ALTERNATIVE DISPUTE RESOLUTION, OR A special or other proceeding, an attorney serves a notice of lien upon the person or persons against whom his OR HER client has or may have a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14165-01-9
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