Appeals Court Hears Whether Attorney’s Lien Can Be Paid from City Judgment When No Proceeds Exist

The Massachusetts Appeals Court on Monday heard argument in Matter 23P1256, City of Beverly v. 31 Tozer Road LLC and others, on whether an attorney’s lien can require the city to pay legal fees when there are no proceeds available from the defendant. The three-judge panel, including Justices Desmond, DeAngelo and Toon, presided over the argument.

The case centers on a dispute over an attorney’s lien claimed by Attorney Dennis Sullivan, who represents a client that obtained a smaller judgment against the city after a jury verdict. Sullivan told the court the lien “is prior in time to the judgment” and argued the statute was rewritten by the Legislature to make liens relate back to the original filing, giving his claim priority over the city’s later judgment. He said the lien should be enforced even where the city has not been paid by the defendant, Bass River Golf Management Incorporated.

The issue matters because the city holds a larger execution on a…