Attorneys Fees, Offsets and Priorities
The Abstract, Fall 2007
2 Pages Posted: 23 Mar 2011
Date Written: October 1, 2007
This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers super-priority over competing liens.
Keywords: Offset, Priority, Attorney Fees, Lis Pendens, Reduction of fee, Relation back doctrine
JEL Classification: K11
Suggested Citation: Suggested Citation