Attorney's Lien

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The firm told Developers Surety that the funds were subject to its attorney's lien, which was superior to Developers Surety's claim, but ultimately agreed that when the money came in, it would hold the funds in escrow until the issue could be resolved.
He also argued that under Oregon law, he's entitled to place an attorney's lien on the property, even though it is now owned by Dynasty, not by the Beverlys.
The attorney had an attorney's lien in the settlement.
attorney's lien to attach when he files the complaint, rather than

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