Judge allows depositions, stays summary-judgment briefing in malicious-prosecution dispute over attorney's lien

A Montgomery County judge on the civil calendar granted depositions to proceed and stayed consideration of a pending motion for judgment on the pleadings or summary judgment in a case in which the Cordova family says attorney Robert Martin maliciously prosecuted an unethical attorney's lien.

The dispute stems from litigation over an attorney's lien that, the Cordova family alleges, was pursued without a written contingency agreement and in violation of Tennessee professional-conduct rules. Plaintiff counsel argued the lien was pursued for roughly six years, terminated in the family's favor and therefore supports a malicious-prosecution claim; defense counsel asked to depose the plaintiff before the court decides liability or damages.

The judge said, "So I'm going to simply stay the argument of the motion for summary judgment and allow the discovery depositions to take place," and added the court will consider a separately filed protective-order request…