Cassetta

Plaintiffs employed Mr. Gloria and Mr. Hennessy as their attorneys to prosecute an action in tort for injuries arising from a motor vehicle accident. After the suit was filed plaintiffs moved for leave to substitute other counsel. Their motion was granted and Mr. Gloria and Mr. Hennessy appeal upon a bill of exceptions.

The contract of employment was in writing. - The parties agreed to pay their counsel fifty per cent “of all amounts recovered by suit or settlement or compromise and said assignment shall be a lien on any judgment or any amount recovered by judgment or compromise or settlement”.

On the strength of this assignment appellants insist that they have an interest in the subject matter of the action which prevents their discharge as attorneys under the rule of Gage v. Atwater, 136 Cal. 170, 172 [ 68 Pac. 581 ], and Kirk v. Culley, 202 Cal. 501, 505 [ 261 Pac. 994 ]. Their assignment, however, is merely an assignment of the proceeds of the judgment or settlement. As such it creates a lien upon the fund recovered. (Hoffman v. Vallejo, 45 Cal. 564, 572; Goad v. Hart, 128 Cal. 197, 201 [ 61 Pac. 761 , 964]; Tracy v. Ringole, 87 Cal. App. 549, 552 [ 262 Pac. 73 ].)

But a…