Ralph Olszewski v. James F. Jordan III et al.

Summary

The Connecticut Supreme Court considered whether attorneys may obtain equitable charging liens by operation of law against marital assets in a dissolution action. The court held that Connecticut precedent and public policy do not support such liens against preexisting marital assets, and concluded that the legislature is better suited to determine whether and how such liens should be authorized. The court reversed the Appellate Court's judgment.

Holdings

1. Attorneys are not entitled by operation of law to equitable charging liens on marital assets for fees and expenses incurred in obtaining judgments for clients in Connecticut marital dissolution proceedings.
2. Rule 1.5 (d) (1) does not itself apply to or prohibit charging liens because a charging lien is security for fees and expenses rather than a fee, contingent or otherwise.
3. The legislature is better positioned than the courts to determine whether, and to what extent, charging liens should be permitted in marital dissolution proceedings.

Questions Presented

1. Whether attorneys are entitled by operation of law to equitable charging liens against marital assets for fees and expenses incurred in obtaining judgments for clients in marital dissolution proceedings.
2. Whether Connecticut's Rules of Professional Conduct authorize or prohibit equitable charging liens in marital dissolution proceedings.
3. Whether the court should recognize such liens under Connecticut common law or leave the issue to the legislature.

Disposition

reversed_and_remanded