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KATTEN MUCHIN ROSENMAN LLP v. SUTHERLAND

No. 151, 2016.

153 A.3d 722 (2017)

KATTEN MUCHIN ROSENMAN LLP, Intervenor Below, Appellant, v. Martha S. SUTHERLAND as Trustee of the Martha S. Sutherland Revocable Trust dated August 18, 1976, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: January 3, 2017.

Attorney(s) appearing for the Case

David S. Eagle, Esquire , Sean M. Brennecke, Esquire , Klehr Harrison Harvey Branzburg LLP, Wilmington, Delaware; Ted S. Helwig, Esquire , Bonita L. Stone, Esquire , (Argued), Katten Muchin Rosenman LLP, Chicago, Illinois, Attorneys for Intervenor Below, Appellant, Katten Muchin Rosenman LLP.

Evan Williford, Esquire , Andrew J. Huber, Esquire , The Williford Law Firm LLC, Wilmington, Delaware; Norman J. Lerum, Esquire , (Argued), Catherine Lerum, Esquire , Norman J. Lerum, P.C., Chicago, Illinois, Attorneys for Plaintiff Below, Appellee, Martha S. Sutherland.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en Banc.

This appeal concerns a dispute over when a charging lien may be imposed on a judgment to recover unpaid attorney's fees. In this opinion, we embrace the definition that a charging lien is "an equitable right to have costs advanced and attorney's fees secured by the judgment entered in the suit wherein the costs were advanced...

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