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'Coudert Brothers': Court Limits Attorney's Retaining Lien

By John J. Rapisardi
February 26, 2008

The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in In re Coudert Brothers LLP, No. 06-12226 (RDD), 2007 Bankr. LEXIS 4003 (Bankr. S.D.N.Y. Nov. 21, 2007) concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.

Attorneys' Liens Under NY Law

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