Chicago Legal Malpractice Lawyer Blog
EXACT SOFTWARE NORTH AMERICA, INC. v. DeMOISEY, Court of Appeals, 6th Circuit 2013 – Google Scholar.
This is a dispute between an attorney and a client concerning an attorney lien. Such disputes are common. This case illustrates the correct way to protect a disputed legal fee with an attorney lien.
The Sixth Circuit has affirmed a legal fee award of $1.4 million to a lawyer who brought proceedings to enforce an attorney lien. The underlying dispute was a software licensing dispute between two companies, which occurred in the federal district court. Infocon was to receive a $5 million settlement from Exact Software, Inc. Just before the settlement was finalized, Infocon fired its lawyer, J Fox DeMoisey. DeMoisey placed a charging lien on the proceeds of the litigation. The district court froze the disputed portion of the settlement ($1.2 million) pending the outcome of litigation.