Sean X. Kelly and Christian M. Scheuerman of Marks, O’Neill’s New Jersey office recently obtained summary judgment in a New Jersey attorney malpractice case. Our client represented a plaintiff in a medical malpractice action and obtained a substantial settlement on the client’s behalf. However, the underlying client failed to repay a worker’s compensation lien asserted against the settlement. The workers compensation carrier filed suit seeking to recover the unpaid lien from our client, the attorney. We filed summary judgment arguing, in part, that our client had no duty to a workers comp carrier to protect or repay the lien.  The trial court agreed with our argument and dismissed all claims.