Ex parte Kyle

In Ex parte Kyle (1850) 1 Cal. 331, the case was settled pending an appeal by the defendant; the plaintiff's attorney moved for an order directing that his quantum meruit compensation for $ 2,000 be paid to him out of the "$ 7,000 and upwards" judgment recovered by the plaintiff against the defendant. In denying the motion, the court held that an attorney's lien "is confined to some fixed and certain amount allowed to an attorney by statute, and is not extended to cases where an attorney or counselor claims a quantum meruit compensation for his services. In this state we have no statute giving costs to attorneys, and they must consequently recover for their services in the ordinary mode." (1 Cal. 331, 332; )