Shelby Outlaw is a lawyer, and she represented Brodie Rye in a custody dispute with his ex-wife, Susan. When Brodie failed to pay Outlaw the fees that she apparently had earned, Outlaw attempted, pursuant to OCGA § 15-19-14 c,1 to put a statutory attorney’s lien on certain real property in which Brodie then had an interest. Outlaw later filed a petition in Fulton County to foreclose this lien, but by that time, Brodie had conveyed his interest in the property to Susan, and Susan moved to dismiss the foreclosure petition. The court below granted the motion to dismiss, based on its conclusions that the lien does not comply with OCGA § 15-19-14 c — because it concerns property that Brodie did not, in fact, recover in the custody proceedings in which Outlaw represented him — and that the lien consequently cannot be enforced. Outlaw now appeals from the dismissal of her foreclosure petition, claiming that the conclusions of the court below are erroneous in several respects. In support of her claims of error, Outlaw relies on the fact that Brodie agreed in his contract with Outlaw that any real property that he then owned would be subject to a lien under OCGA § 15-19-14 c. For the reasons set out below, we conclude, as the court below did, that the lien does not comply with OCGA § 15-19-14 c and is invalid, and we affirm the dismissal of the foreclosure petition. Because this appeal involves a question of law, we review both the record and the decision of the court below de novo. Atlanta Women’s Health Group, P.C. v. Clemons , 299 Ga. App. 102 681 SE2d 754 2009. The facts in this case are undisputed, and the record shows that, pursuant to a final decree of divorce entered in December 2007, Brodie and Susan each was awarded a half interest in the property that later became the subject of the lien, on which their marital residence had been situated. Although Outlaw did not represent either party in the divorce action, Brodie subsequently retained Outlaw to represent him in custody modification proceedings that commenced in March 2008. In connection with this representation, Outlaw and Brodie entered into a written agreement, which provides in relevant part: You Brodie further agree and understand that, upon your failure to execute a promissory note and a security deed or other security interest within the time provided above to secure your unpaid fees, The Outlaw Firm may assert a lien for the remaining balance due the firm on any rights or interest you may have in real property. You agree that, for the purposes of this Representation Agreement, any real or personal property you may have will be deemed to have been recovered as contemplated by OCGA § 15-19-14 in the proceedings undertaken by the Firm on your behalf . Emphasis supplied.
Before the custody proceedings were concluded, Brodie informed Outlaw that he intended to discontinue his payment of the fees that Outlaw apparently had earned. Outlaw filed a motion to withdraw as his lawyer, and after the motion was granted, she filed a statutory attorney’s lien against the property in which he had a half interest. The lien reflects that Brodie is indebted to Outlaw in the principal amount of $21,923.08 for services rendered and expenses incurred in the custody proceedings and also owes her interest on this principal, which accrues, Outlaw claims, at a rate of 18 percent annually.
