by jonbrissman on Mon Aug 10, 2009 4:58 pm
I submit that without a written contract, you have no basis to file a WC lien. However, you likely have a remedy in the civil court system based on your representation of a verbal contract, and/or quantum meruit. If the amount in controversy is $7,500.00 or less, or if you waive the amount-in-controversy that exceeds %7,500.00, you may file an action in Small Claims Court. You might also file a complaint with the State Bar, but do not use the complaint (or the threat thereof) as a tool to gain an advantage in the civil litigation.
I am no expert on civil procedure, but I seem to recall that if you file in Superior Court, an impleader will compel the other attorney to deposit the entire amount of the attorney fees with the court. The court then decides how to allocate the fees. Maybe some learned practitioner will weigh in and confirm or refute my knowledge of civil procedure.
Good luck.
JCB