Plummer

Plaintiff Mark B. Plummer, an attorney, appeals from a judgment entered after the court granted summary judgment to defendant Day/Eisenberg, LLP, a law firm. Plummer alleged Day/Eisenberg converted or interfered with settlement funds recovered in a personal injury action handled by Plummer, Day/Eisenberg, and another law firm, Bisom & Cohen. The court granted summary judgment because it found Plummer had no direct contractual relationship with the clients and thus lacked an immediate right to possess the settlement funds.

We reverse the judgment and remand. Triable issues exist on the elements of conversion. Most notably, triable issues exist whether Plummer had an immediate right to possess the settlement funds through an attorney’s lien. Day/Eisenberg fails to show Plummer’s claimed lien is invalid as a matter of law. And triable issues also exist on the interference cause of action.

FACTS

Allegations Made in First Amended Complaint

Plummer agreed with Attorneys Andrew Bisom and Isaac Cohen in March 2003 to represent the Acosta family in the underlying personal injury suit. They orally agreed “[Cohen] and [Bisom] would finance the prosecution of the case and provide…