{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3932.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3932.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3932.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3932.html"}],"law_id":69658,"edition_id":1,"section_id":69658,"structure_id":16486,"section_number":"54.1-3932","catch_line":"Lien for fees","history":"Code 1950, \u00a7 54-70; 1988, c. 765; 2001, c. 495; 2023, c. 234.","full_text":"A\n\nAny person having or claiming a cause of action (i) sounding in tort, (ii) for liquidated or unliquidated damages on contract, or (iii) for annulment or divorce may contract with any attorney to prosecute the same, and, upon contracting such attorney, the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the client or former client, the opposite party or such party’s attorney or agent, and the clerk of court in which a case may be pending, any settlement or adjustment of the cause of action is void against the lien so created, except as proof of liability on such cause of action. Written notice of the lien shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment, whichever is earlier or (b) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. Nothing in this section affects the existing law in respect to champertous contracts. In causes of action for annulment or divorce, the court may not determine the validity or amount of the lien until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section affects the existing law in respect to exemptions from creditor process under federal or state law.B\n\nNotwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney’s lien.C\n\nThe validity and amount of the lien may be determined either by motion in the case in which the lien is claimed, or by separate action after final judgment has been entered therein or if no case has been filed. The validity and amount of the lien shall be determined by the court without a jury.","order_by":null,"text":{"0":{"id":251825,"text":"Any person having or claiming a cause of action (i) sounding in tort, (ii) for liquidated or unliquidated damages on contract, or (iii) for annulment or divorce may contract with any attorney to prosecute the same, and, upon contracting such attorney, the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the client or former client, the opposite party or such party’s attorney or agent, and the clerk of court in which a case may be pending, any settlement or adjustment of the cause of action is void against the lien so created, except as proof of liability on such cause of action. Written notice of the lien shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment, whichever is earlier or (b) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. Nothing in this section affects the existing law in respect to champertous contracts. In causes of action for annulment or divorce, the court may not determine the validity or amount of the lien until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section affects the existing law in respect to exemptions from creditor process under federal or state law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251826,"text":"Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney’s lien.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":251827,"text":"The validity and amount of the lien may be determined either by motion in the case in which the lien is claimed, or by separate action after final judgment has been entered therein or if no case has been filed. The validity and amount of the lien shall be determined by the court without a jury.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16486,"edition_id":1,"name":"Fees","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13488,"metadata":{},"date_created":"2026-06-26 04:20:44","date_modified":"2026-06-26 04:20:44","permalink":{"id":244401,"object_type":"structure","relational_id":16486,"identifier":"5","token":"54.1\/IV\/39\/5","url":"\/54.1\/IV\/39\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13488,"edition_id":1,"name":"Attorneys","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13487,"metadata":{},"date_created":"2026-06-26 03:45:01","date_modified":"2026-06-26 03:45:01","permalink":{"id":244227,"object_type":"structure","relational_id":13488,"identifier":"39","token":"54.1\/IV\/39","url":"\/54.1\/IV\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13487,"edition_id":1,"name":"Professions Regulated by the Supreme Court","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:45:01","date_modified":"2026-06-26 03:45:01","permalink":{"id":244225,"object_type":"structure","relational_id":13487,"identifier":"IV","token":"54.1\/IV","url":"\/54.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69658,"structure_id":16486,"section_number":"54.1-3932","catch_line":"Lien for fees","url":"\/54.1-3932\/","token":"54.1\/IV\/39\/5\/54.1-3932","metadata":false},{"id":86407,"structure_id":16486,"section_number":"54.1-3933","catch_line":"Decreeing fee out of funds under control of court","url":"\/54.1-3933\/","token":"54.1\/IV\/39\/5\/54.1-3933","metadata":false}],"next_section":{"id":86407,"structure_id":16486,"section_number":"54.1-3933","catch_line":"Decreeing fee out of funds under control of court","url":"\/54.1-3933\/","token":"54.1\/IV\/39\/5\/54.1-3933","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3932\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 765; in 2001, chapter 495<\/a>; in 2023, chapter 234<\/a>.<\/p>","references":[{"id":76383,"section_number":"34-28.1","catch_line":"Personal injury and wrongful death actions exempt; exceptions","order_by":null,"url":"\/34-28.1\/"}],"refers_to":false,"permalink":{"id":244403,"object_type":"law","relational_id":69658,"identifier":"54.1-3932","token":"54.1\/IV\/39\/5\/54.1-3932","url":"\/54.1-3932\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3932\/","token":"54.1\/IV\/39\/5\/54.1-3932","dublin_core":{"Title":"Lien for fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3932","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person having or claiming a cause of action<\/span> (i) sounding in tort<\/span>, (ii) for liquidated or unliquidated damages<\/span> on contract<\/span>, or (iii) for annulment<\/span> or divorce may contract<\/span> with any attorney to prosecute<\/span> the same, and, upon contracting such attorney, the attorney shall have a lien<\/span> upon the cause of action<\/span> as security for his fees for any services rendered in relation to the cause of action<\/span> or claim. When any such contract<\/span> is made, and written notice of the claim of such lien<\/span> is given to the client or former client, the opposite party<\/span> or such party<\/span>’s attorney or agent, and the clerk of court<\/span> in which a case may be pending, any settlement<\/span> or adjustment of the cause of action<\/span> is void against the lien<\/span> so created, except as proof of liability on such cause of action<\/span>. Written notice of the lien<\/span> shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort<\/span> or for liquidated or unliquidated damages<\/span> on contract<\/span>, before settlement<\/span> or adjustment, whichever is earlier or (b) in cases of annulment<\/span> or divorce, before final judgment<\/span> is entered, whichever is earlier. Nothing in this section affects the existing law<\/span> in respect to champertous contracts<\/span>. In causes of action for annulment<\/span> or divorce, the court may not determine the validity or amount of the lien<\/span> until the divorce judgment<\/span> is final and all residual disputes regarding marital property are concluded. Nothing in this section affects the existing law<\/span> in respect to exemptions from creditor<\/span> process under federal or state law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions in subsection A, a court in a case of annulment<\/span> or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney’s lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The validity and amount of the lien<\/span> may be determined either by motion<\/span> in the case in which the lien<\/span> is claimed, or by separate action after final judgment<\/span> has been entered therein or if no case has been filed. The validity and amount of the lien<\/span> shall be determined by the court without a jury<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN FOR FEES (\u00a7 54.1-3932)\n\nA. Any person having or claiming a cause of action (i) sounding in tort, (ii)\nfor liquidated or unliquidated damages on contract, or (iii) for annulment or\ndivorce may contract with any attorney to prosecute the same, and, upon\ncontracting such attorney, the attorney shall have a lien upon the cause of\naction as security for his fees for any services rendered in relation to the\ncause of action or claim. When any such contract is made, and written notice of\nthe claim of such lien is given to the client or former client, the opposite\nparty or such party’s attorney or agent, and the clerk of court in which a\ncase may be pending, any settlement or adjustment of the cause of action is void\nagainst the lien so created, except as proof of liability on such cause of\naction. Written notice of the lien shall be given either within 45 days of the\nend of representation or (a) in causes of action sounding in tort or for\nliquidated or unliquidated damages on contract, before settlement or adjustment,\nwhichever is earlier or (b) in cases of annulment or divorce, before final\njudgment is entered, whichever is earlier. Nothing in this section affects the\nexisting law in respect to champertous contracts. In causes of action for\nannulment or divorce, the court may not determine the validity or amount of the\nlien until the divorce judgment is final and all residual disputes regarding\nmarital property are concluded. Nothing in this section affects the existing law\nin respect to exemptions from creditor process under federal or state law.\n\nB. Notwithstanding the provisions in subsection A, a court in a case of\nannulment or divorce may, in its discretion, exclude spousal support and child\nsupport from the scope of the attorney’s lien.\n\nC. The validity and amount of the lien may be determined either by motion in the\ncase in which the lien is claimed, or by separate action after final judgment\nhas been entered therein or if no case has been filed. The validity and amount\nof the lien shall be determined by the court without a jury.\n\nHISTORY: Code 1950, \u00a7 54-70; 1988, c. 765; 2001, c. 495; 2023, c. 234.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}