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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

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2011-S1546 (ACTIVE) - Details

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

2011-S1546 (ACTIVE) - 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.

2011-S1546 (ACTIVE) - Sponsor Memo

2011-S1546 (ACTIVE) - 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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