lawyer fees

Following a fire in a factory a dispute arose between the owner and the insurance co.

The owner appointed a lawyer to raise a case against the insurer. they agreed in writing

that the lawyer remuniration will be a percentage of amounts collected from insurers.The

property was mortgaged to secure bank loan for less than the sum insured and bank was named

as a benifeciary in the insurance policy.The bank joined the legal action as plaintiff.The

court ruled that the amount of loss(which is less than the debt) to be paid to the bank.No

doubt the owner eventually benifited from action but the problem is that the lawyer is

unable to collect any thing due to the owner financial difficulties.

Can the lawyer ask the higher court to enable him to collect his fees from the insurer

before the bank knowing that all legal work was made by by him and bank lawyer was only

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