In 2008, Shawn Estes, represented by attorney Laurene Cuvillier, filed a Petition to Determine Heirs in the case concerning the administration of the estate of his father, Richard Estes, in the Probate Court of Gwinnett County. Estes alleged that Ashley Fusco, who claimed to be the decedent’s daughter and who had been serving as the administrator of the estate, was not a legitimate heir at law and, therefore, that he was the sole heir. In January 2010, Cuvillier filed a motion to withdraw as Estes’s counsel and filed an attorney’s lien pursuant to OCGA § 15-19-14 in the amount of $18,708.12 for services rendered in “the recovery of Shawn Estes’s share of his father’s estate.” The probate court granted Cuvillier’s motion to withdraw as counsel, based on her showing that a conflict of interest had developed that prevented her from continuing to represent him. Ultimately, the probate court determined that both Estes and Fusco were the decedent’s heirs and were entitled to equal shares of the estate. The probate court also found that Fusco committed malfeasance while serving as the administrator and owed the estate $9,031.83 and ordered her surety to pay that amount to the estate. The administrator then filed a Petition for Direction, stating that he expected the remaining distribution from the estate to Estes to be $14,000 and that, given Cuvillier’s lien, he was “uncertain whether or not the distribution should be made to Estes or to . . . Cuvillier, his former attorney, or in some other manner.” After a hearing, the probate court ruled that Cuvillier’s lien was not valid and directed the administrator to distribute Estes’s share directly to Estes. Cuvillier appeals, and, for the reasons explained below, we reverse and remand this case for further proceedings.1
OCGA § 15-19-14 b provides, in pertinent part, that, “upon actions, judgments, and decrees for money, attorneys at law shall have a lien superior to all liens except tax liens; and no person shall be at liberty to satisfy such an action, judgment, or decree until the lien or claim of the attorney for his or her fees is fully satisfied.” OCGA § 15-19-14 “is in derogation of the common law and should be strictly construed.” Punctuation and footnote omitted. Gilbert v. Montlick & Assocs., 248 Ga. App. 535, 538 6 546 SE2d 895 2001. It is well settled that a lien for attorney fees arises under OCGA § 15-19-14 b when the attorney files an action on the client’s behalf. Howe & Assocs. v. Daniels, 280 Ga. 803, 804 631 SE2d 356 2006. Consequently, a settlement of the action without the attorney’s involvement, as when the attorney-client relationship ends before the settlement, does not defeat the lien of the attorney for his or her fees under OCGA § 15-19-14 b. Woods v. Jones, 305 Ga. App. 349, 351 1 699 SE2d 567 2010.
