2017 ORS 87.475¹
Effect of settlement on attorney’s lien
  • satisfaction of judgment

(1) Except as provided in subsections (3) and (4) of this section, the lien created by ORS 87.445 (Attorney’s lien upon actions and judgments) is not affected by a settlement between the parties to the action, suit or proceeding before or after judgment, order or award.

(2) Except as provided in subsections (3) and (4) of this section, a party to the action, suit or proceeding, or any other person, does not have the right to satisfy the lien created by ORS 87.445 (Attorney’s lien upon actions and judgments) or any judgment, order or award entered in the action, suit or proceeding until the lien, and claim of the attorney for fees based thereon, is satisfied in full.

(3) A judgment debtor may pay the full amount of a judgment into court and the clerk of the court shall thereupon fully satisfy the judgment on the record and the judgment debtor shall be thereby released from any further claims thereunder.

(4) If more than one attorney appears of record for a litigant, the satisfaction of the lien created by ORS 87.445 (Attorney’s lien upon actions and judgments) by any one of the attorneys is conclusive evidence that the lien is fully satisfied. [1975 c.648 §65 (enacted in lieu of 87.495); 2003 c.576 §341]

Notes of Decisions

Liability insurer repay­ment to other insurer for amount of Personal Injury Protec­tion pay­ment advanced by other insurer is reduc­tion in judg­ment amount having priority over attorney lien on judg­ment. Willhite v. Biff’s Seafood Restaurant, Inc., 124 Or App 360, 862 P2d 580 (1993)

Pay­ment of settle­ment amount by defendant to plaintiff does not excuse defendant from liability for attorney’s lien by plaintiff’s attorney. Potter v. Schlesser Co., Inc., 335 Or 209, 63 P3d 1172 (2003)

Law Review Cita­tions

27 WLR 891 (1991)

Law Review Cita­tions

27 WLR 891 (1991)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors087.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano087.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.