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BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Appeals
BRIEF IN OPPOSITION TO
November 30,2018 12:43
vs.
Judge:
CITY OF LAKEWOOD, OHIO
Pages Filed: 3
Electronically Filed 11/30/2018 12:43/FILING OTHER THAN MOTION / CA 16 104659 / Confirmation Nbr. 1563230 / CLSXN
IN THE COURT OF IN THE COURT OF APPEALS
EIGHTH APPELLATE DISTRICT
CUYAHOGA COUNTY, OHIO
Now comes Respondent, City of Lakewood (“Respondent”), by and through counsel, and
hereby respectfully requests this Honorable Court deny Intervenor McGown & Markling Co.,
L.P.A.’s Motion to Intervene in Order to Assert an Attorney’s Charging Lien. McGown &
Markling Co., L.P.A (“Intervenor”) seeks to assert an attorney’s charging lien upon any
prospective judgment in this case, including any settlement funds or applicable proceeds that may
are still prospective. No such fund exists and whether any settlement or other proceeds may exist
Under Ohio common law, an attorney who obtains a judgment or other monies for his client
through his services can assert a charging lien against the fund obtained. Slater v. Ohio Dept, of
Rehab. And Correction, 2018-Ohio-1475, ^[26 (10th Dist., 2018); citing Kisling, Nestico & Redick,
LLC v. Progressive Max Ins. Co., 8th Dist. No. 105287, 2017-0hio-8064, Tfl3. Ohio courts
generally enforce a charging lien against a monetary judgment awarded to a client after an attorney
successfully litigated a case on the client’s behalf. Slater, at Tf28. Ohio courts acknowledge, under
the appropriate circumstances, an attorney may recover on a charging lien even if the client
Electronically Filed 11/30/2018 12:43 / FILING OTHER THAN MOTION / CA 16 104659 / Confirmation Nbr. 1563230 / CLSXN
discharged the attorney prior to the creation of the fund from which the attorney seeks payment.
Id.
However, whether attained by judgment or settlement, a fund must exist for a charging
lien to arise. Id. at \29. (Emphasis added). “Under Ohio law, an attorney cannot have a charging
lien on a client’s cause of action.” Id. “Rather, an attorney can only assert a charging lien after a
judgment, settlement, or other fund-creating event. Id. citing Ruttman v. Flores, 8th Dist. No.
66079,1994 WL 677539 (Dec. 1,1994). “Without.. .a judgment or fund, there can be no attorney
charging lien, as there is nothing upon which to attach this lien and any argument over the legal
Here, Intervenor acknowledges that any fund, either settlement or other applicable
proceeds, is prospective. Based on Slater, no fund or judgment exists so there is nothing for any
charging lien to attach. As a result, the merits related to Intervenor’s efforts or contribution to any
potential settlement or proceeds are moot. Therefore, Respondent respectfully requests that the
Court deny Intervenor’s Motion to Intervene in Order to Assert an Attorney’s Charging Lien.
Respectfully submitted,
/s/John T. McLandrich_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
JOHN T. MCLANDRICH (0021494)
TERRY L. WILLIAMS (0081363)
100 Franklin’s Row
34305 Solon Road
Cleveland, OH 44139
(440) 248-7906
(440) 248-8861 -Fax
Email: imclandrich@mrr1aw.com
twilliams@mrrlaw. com
Electronically Filed 11/30/2018 12:43 / FILING OTHER THAN MOTION / CA 16 104659 / Confirmation Nbr. 1563230 / CLSXN
CERTIFICATE OF SERVICE
to MCGown & Markling Co., L.P.A.’s Motion to Intervene in Order to Assert an Attorney’s
Charging Lien was filed electronically and served November 30, 2018 to all registered parties by
/s/John T. McLandrich_ _ _ _ _ _ _ _ _ _ _ _
JOHN T. MCLANDRICH (0021494)
TERRY L. WILLIAMS (0081363)
Electronically Filed 11/30/2018 12:43 / FILING OTHER THAN mOtION / CA 16 104659 / Confirmation Nbr. 1563230 / CLSXN