It is hereby found and determined by the General Assembly of the State of Arkansas that the Supreme Court, in Henry, Walden, and Davis v. Goodman, 294 Ark. 25 (1987), limited the existing Attorney's Lien Law by allowing only a quantum meruit recovery in a case in which the attorney was dismissed by the client; that the Supreme Court's interpretation of the Attorney Lien Law is contrary to what was intended by the enactment of Acts 59 and 306 of 1941, the Attorney Lien Law; that an attorney should have the right to rely on his contract with his client; and that the Attorney's Lien Law should be reenacted to protect the contractual rights of attorneys. Therefore, it is the intent of §§ 16-22-302 — 16-22-304 to allow an attorney to obtain a lien for services based on his or her agreement with his or her client and to provide for compensation in case of a settlement or compromise without the consent of the attorney.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 2 - Courts and Court Officers
Subchapter 3 - Rights and Liabilities
§ 16-22-301. Legislative intent
§ 16-22-302. Compensation governed by contract
§ 16-22-303. Compromise or settlement without attorney's consent — Effect
§ 16-22-304. Lien of attorney created
§ 16-22-305. Unnecessary costs satisfied by attorney
§ 16-22-306. Negligence of attorney resulting in dismissal — Liability for costs and damages
§ 16-22-307. Failure to pay over money — Judgment for money and costs — Penalized by court
§ 16-22-308. Attorney's fees in certain civil actions
§ 16-22-309. Attorney's fees in actions lacking justiciable issue
§ 16-22-310. Liability for civil damages
§ 16-22-311. Reports of visits with incarcerated indigent clients