2007 ORS 87.490¹
Priority of attorney’s lien upon actions and judgments

(1) Except for tax liens, prior encumbrances and prior liens of record on the real or personal property subject to the lien created by ORS 87.445 (Attorney's lien upon actions and judgments), the lien created by ORS 87.445 (Attorney's lien upon actions and judgments) is superior to all other liens, including a lien created by ORS 147.285 (Creation of lien).

(2) When the lien of an attorney created under ORS 87.445 (Attorney's lien upon actions and judgments) attaches to a judgment allowing or enforcing a client’s lien, the attorney’s lien has the same priority as the client’s lien with regard to personal or real property subject to the client’s lien. [1975 c.648 §68 (enacted in lieu of 87.495); 2003 c.576 §343; 2005 c.383 §12]

Notes of Decisions

Attorney's lien is superior to garnish­ment based on money judg­ment because money judg­ment is not "per­sonal prop­erty" for purposes of that excep­tion of this sec­tion to superiority of attorneys' liens. Rockwood Water Dist. v. Steve Smith Contracting, 80 Or App 136, 720 P2d 1332 (1986), Sup Ct review denied

This sec­tion does not give attorney's lien priority over judg­ment debtor's right of setoff. Ketcham v. Selles, 96 Or App 121, 772 P2d 419 (1989), Sup Ct review denied

Notes of Decisions

Under Former Similar Statute

Where an insolvent party had assigned his award for attorney fees to his attorney, this sec­tion did not prevent the other party's right to setoff in a related pro­ceed­ing. Hartford Acc. & Indem. Co. v. Pyle, 271 Or 97, 530 P2d 843 (1975)

Law Review Cita­tions

In General

27 WLR 891 (1991)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.