An attorney's lien is a legal right that allows a lawyer to retain a client's property or funds until payment for legal services is received. This property can include business documents, official files, and monetary awards granted by a court. The lien serves as a claim by the attorney on the client's assets until the client fulfills their obligation to pay for the legal aid and advice provided.
Attorney's liens are commonly used in various areas of law, including civil, criminal, and family law. They ensure that attorneys receive compensation for their services, particularly in cases where a monetary award is involved. Clients may be able to manage some aspects of this process using legal templates from US Legal Forms, which can help them understand their rights and obligations regarding attorney's liens.
Here are a couple of examples of abatement:
Example 1: A personal injury attorney successfully secures a $100,000 settlement for a client. The attorney may assert a charging lien on the settlement amount until their fees are paid.
Example 2: A lawyer retains a client's business documents due to unpaid legal fees, exercising a retaining lien to ensure payment before returning the documents. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Charging Lien Recognition | Retaining Lien Recognition |
|---|---|---|
| California | Yes | Yes |
| New York | Yes | No |
| Texas | Yes | Yes |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Charging lien | A claim on a specific judgment or award obtained for the client. | Specific to funds awarded; applies only after a successful outcome. |
| Retaining lien | The right to hold a client's documents until payment is made. | General in nature; not all states recognize this type of lien. |
If you find yourself facing an attorney's lien, consider the following steps:
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The purpose is to ensure that attorneys are compensated for their services by securing a claim on the client's property or funds.