Williams, Love, O'Leary, & Powers, PC v. Brann (In Re Williams, Love, O'Leary, & Powers, PC)

MEMORANDUM

Heather Brann appeals from the district court’s holding that her claim against Williams, Love, O’Leary, & Powers, P.C. (WLOP) is not secured by an attorney’s lien, making her an unsecured creditor. Brann also appeals from the district court’s holding that the federal judgment rate is appropriate for the post-petition interest owed to her. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

The Oregon attorney’s lien statute, Or. Rev.Stat. § 87.445, grants an attorney a lien “upon actions, suits and proceedings” and “judgments, orders and awards entered therein in the client’s favor and the proceeds thereof to the extent of fees and compensation specially agreed upon with the client, or if there is no agreement, for the reasonable value of the services of the attorney.” This statute creates an attorney’s lien upon the action that was pursued by the attorney for the client. Potter v. Schlesser Co., Inc., 335 Or, 209, 213, 215 , 63 P.3d 1172 (2003). However, the attorney’s lien only grants attorneys the same right “to enforce their liens as their…