Del Del Conte Masonry Co. v. Lewis

In Del Del Conte Masonry Co. v. Lewis (1971) 16 Cal.App.3d 678, an attorney and his client, by agreement, created an equitable lien for attorney's fees to be asserted against an anticipated judgment. A statutory lienholder also asserted his lien against the anticipated judgment but did so and perfected his claim prior to the assertion of the nonspecific charging equitable lien by the attorney. The court in that instance, in recognizing the method of establishment of priority and acknowledging the propriety of an equitable lien arising out of an agreement for attorney's fees, stated, "Respondent's lien right as a judgment creditor was authorized by statute , but the statute does not expressly regulate lien priorities. As for appellant, in California an attorney does not automatically have a lien for the value of his services upon a judgment obtained through his efforts, but an equitable lien may be created by agreement between the attorney and his client."