Carroll

The question before us in this appeal is whether the trial court properly ordered an attorney’s lien “expunged.” We conclude the trial court lacked jurisdiction to assess the validity of the lien, and we reverse the order.

Background

In two consolidated actions below, trial was held on the claims of several plaintiffs for damages resulting from race-based employment discrimination. All 23 plaintiffs were initially represented by the Law Offices of Joseph Alioto and Angela Alioto (hereafter Alioto). Alioto in turn hired Attorney Waukeen Q. McCoy to perform certain legal work on the case. According to McCoy, he was promised a percentage of the recovery as compensation for his services.

Eventually McCoy left the employ of Alioto, and three of the plaintiffs substituted McCoy as their attorney of record in place of Alioto. Those three plaintiffs were represented by McCoy through trial. A jury verdict was rendered in favor of plaintiffs, although retrials are pending for the three plaintiffs represented at trial by McCoy.

Alioto and McCoy hotly disputed the attorney fees owed to McCoy, and that dispute resulted in a separate lawsuit filed by McCoy against Alioto to recover…