Oklahoma § 5-6 - Attorneys' lien - When attaching - Extent - Effect of

§ 5-6. Attorneys' lien - When attaching - Extent - Effect of

settlement on lien - Notice of lien - Filing - Endorsement.

A. From the commencement of an action, or from the filing of an

answer containing a counterclaim, the attorney who represents the

party in whose behalf such pleading is filed shall, to the extent

hereinafter specified, have a lien upon his client's cause of action

or counterclaim, and same shall attach to any verdict, report,

decision, finding or judgment in his or her client's favor; and the

proceeds thereof, wherever found, shall be subject to such lien, and

no settlement between the parties without the approval of the

attorney shall affect or destroy such lien, provided such attorney

serves notice upon the defendant or defendants, or proposed

Oklahoma Statutes - Title 5. Attorneys and State Bar

defendant or defendants, in which he or she shall set forth the

nature of the lien he or she claims and the extent thereof; and the

lien shall take effect from and after the service of such notice,

but such notice shall not be necessary provided such attorney has

filed such pleading in a court of record, and endorsed thereon his

or her name, together with the words "Lien claimed."

B. In order to claim an attorney's lien on real property, the

attorney shall file a Notice of Attorney's Lien in the office of the

county clerk of the county where the real estate is situated and

shall refile the Notice of Attorney's Lien every five (5) years

before the expiration of the date previously filed. The Notice of

Attorney's lien shall contain the style of the case, the court where

pending, the case number, the attorney's name, address and phone

number and a complete legal description of the property subject to

the lien.

C. Any attorney claiming an attorney's lien prior to the

effective date of this act shall have a period of one (1) year from

such date to file a Notice of Attorney's Lien in accordance with

subsection B of this section.

D. An action to enforce an attorney's lien against real

property shall be commenced in the county where the real property is

situated within ten (10) years of recordation of the Notice of

Attorney's Lien with the county clerk. The ten-year period for an

attorney's lien claimed prior to the effective date of this act

shall run from the effective date regardless of when the Notice of

Attorney's Lien is recorded.

R.L.1910, § 247; Laws 2014, c. 246, § 1.