Attorneys Fees, Offsets and Priorities

The Abstract, Fall 2007

2 Pages Posted: 23 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

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

Bernhardt, Roger, Attorneys Fees, Offsets and Priorities (October 1, 2007). The Abstract, Fall 2007. Available at SSRN:

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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