A. Any person having or claiming a right of action sounding in tort, or for liquidated or unliquidated damages on contract or for a cause of action for annulment or divorce, may contract with any attorney to prosecute the same, and the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the opposite party, his attorney or agent, any settlement or adjustment of the cause of action shall be void against the lien so created, except as proof of liability on such cause of action. Nothing in this section shall affect the existing law in respect to champertous contracts. In causes of action for annulment or divorce an attorney may not exercise his claim until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section shall affect the existing law in respect to exemptions from creditor process under federal or state law.
B. Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney's lien.
Code 1950, § 54-70; 1988, c. 765; 2001, c. 495.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
§ 54.1-3900. Practice of law; student internship program; definition
§ 54.1-3901. Practice of patent law
§ 54.1-3903. Oath; qualification; proof of licensure or authorization
§ 54.1-3904. Penalty for practicing without authority
§ 54.1-3906. Liability to client
§ 54.1-3907. Reasonable care of attorney in selection of index
§ 54.1-3908. Liability for words used in proceedings concerning conduct
§ 54.1-3910. Organization and government of Virginia State Bar
§ 54.1-3910.1. Enforcement, etc., of costs
§ 54.1-3913. State Bar Fund; receipts; disbursements
§ 54.1-3913.1. Clients' Protection Fund
§ 54.1-3914. Forfeiture of license for failing to pay fees; restoration of license
§ 54.1-3915. Restrictions as to rules and regulations
§ 54.1-3916. Legal aid societies
§ 54.1-3917. Master retirement program
§ 54.1-3917.1. Group or individual insurance policies
§ 54.1-3918. Availability of Virginia State Bar membership list
§ 54.1-3919. Composition of Board; quorum
§ 54.1-3920. Appointment and terms of members
§ 54.1-3921. Board to elect one of its members president; appointment of secretary and treasurer
§ 54.1-3922. Powers, rules and regulations
§ 54.1-3924. Fees paid by applicants
§ 54.1-3925. Application for examination
§ 54.1-3925.2. Access to criminal history records
§ 54.1-3925.3. Authority for subpoenas; qualified privilege and immunity
§ 54.1-3926. Preliminary proof of education required of applicant
§ 54.1-3927. Time and place of examination
§ 54.1-3928. Issuance of license or certificate; list of persons certified to Supreme Court
§ 54.1-3929. Preservation of examination papers
§ 54.1-3931. Granting certificates without examination; law professors
§ 54.1-3933. Decreeing fee out of funds under control of court
§ 54.1-3934. Revocation of license by Board
§ 54.1-3935. Procedure for disciplining attorneys by three-judge circuit court
§ 54.1-3936. Protection of client interests in proceedings pending disciplinary action
§ 54.1-3938. Service of process in license revocation proceedings
§ 54.1-3938.1. Subpoena issued pursuant to law of another jurisdiction
§ 54.1-3941. Unlawful to act as runners or cappers
§ 54.1-3942. Validity of contract
§ 54.1-3943. Injunction against running, capping and soliciting