senate Bill S1546

Signed By Governor
2011-2012 Legislative Session

Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.478
Sep 21, 2012 delivered to governor
Jun 19, 2012 returned to senate
passed assembly
Jun 14, 2012 ordered to third reading rules cal.151
substituted for a5275
Apr 30, 2012 referred to judiciary
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.390
Jan 04, 2012 referred to judiciary
Jan 10, 2011 referred to judiciary

Votes

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S1546 - Details

See Assembly Version of this Bill:
A5275
Law Section:
Judiciary Law
Laws Affected:
Amd ยงยง475 & 475-a, Judy L
Versions Introduced in 2009-2010 Legislative Session:
A8697, S8049

S1546 - Summary

Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement negotiations.

S1546 - Sponsor Memo

S1546 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1546

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD06080-01-1

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