ATTORNEY’S LIEN
The right of a lawyer to hold a client’s property or
money until payment has been made for legal aid
and advice given.
In general, a lien is a security interest used by
a creditor to ensure payment by a debtor for
money owed. Since an attorney is entitled to
payment for services performed, the attorney
has a claim on a client’s property until compensation
is duly made.
A charging lien is an attorney’s right to a portion
of the judgment that was won for the client
through professional services. It is a specific lien
and only covers a lawyer’s claim on money
obtained in a particular action.
A retaining lien is more general in its scope.
It extends to all of a client’s property that an
attorney might come into possession of during
the course of a lawsuit. Until an attorney is compensated
for services, he or she has a claim or
interest in such property.
