Free Consultation:

Attorney Liens Part 2: What are the Requirements and Limitations of an Attorney Lien?

Lien-Limitations

In Part 1, we discussed what attorney liens are and when they might be used. This post will talk about the requirements and limitations of attorney liens.

Prerequisites

There are several things that must exist before your old attorney can file a lien to recover unpaid costs and fees. First and foremost is a valid contract that contains an understanding that you will pay your attorney. If you never agreed to give money to an attorney, he cannot later demand to be paid, no matter what work he may have done for you.

Next, there must be evidence that you are avoiding paying the attorney’s fees and costs you agreed to pay, as well as evidence that the attorney provided you with a timely notice of the fees and costs he believes you owe him. If you’ve already arranged payment, or if your attorney never even gave you an accounting of what he thinks you owe, a lien would be inappropriate and/or premature.

If those requirements have been met, the attorney can then file a notice of lien, setting forth exactly what he thinks he’s entitled to and his request as to how he’ll receive it.

Lien Limitations

Whether you’ve failed to pay him or not, your attorney is still ethically obligated to avoid prejudicing the interests of your case. This basic rule applies very differently depending on the circumstances, but if the lien might hurt your chances in court, there is a higher likelihood that it will be denied.

Contingency fee agreements – the type of contract most plaintiffs sign in personal injury cases – also bring special limitations. If your contract provides that you will owe your attorney nothing unless he recovers money for you, he cannot try to make you pay him anything unless and until that case is successful. If the case succeeds, however, your original attorney may be able to claim a portion of your award as reasonable attorney fees and to cover his costs.

Acceptable Reasons to Withdraw

Your attorney’s ability to file a lien for his fees and costs may hinge, among other factors, on whether his withdrawal was reasonable. If, for example, he withdrew from your case without giving a reason (or because he decided to become a professional golfer instead), and his withdrawal damaged your case, the court may well support you in your decision not to pay him for the work he did. If, however, his withdrawal was necessary or reasonable and if the court approved the withdrawal, it is likely that he will be able to recover reasonable fees and costs for the work he did, according to the terms of your contract.

There are several reasons to withdraw that are likely to be supported by the court, and Rule 4-1.16 of the Florida Rules of Professional Conduct delineates acceptable reasons for an attorney to withdraw from a case.

Required Withdrawal: A lawyer is required to withdraw if representation violates the law or any of the Rules of Professional Conduct, if he’s physically or mentally incapable of representing the client, or if the client discharges him. He must also withdraw if he believes or knows that the client’s action is criminal or fraudulent, unless the client agrees to disclose and rectify the fraud.

Permissible Withdrawal: Withdrawal is also allowed for many reasons so long as there is no harm done to the client’s interests – so an attorney who wants to withdraw on the eve of trial will likely need to state an extremely good reason for doing so. If the lawyer fundamentally disagrees with the client, if the client refuses to fulfill obligations to the lawyer after being warned that withdrawal will result otherwise, if the case becomes unreasonably burdensome financially, or if the client has made the case unreasonably difficult, withdrawal may also be permitted by the court.

If you feel that your former attorney’s withdrawal was unreasonable or unreasonably harmful to your case, you may be able to challenge his lien on those grounds.

Responsibilities After Withdrawal

When an attorney is discharged and/or allowed to withdraw from a case, he still maintains the duty to protect his former client’s interests through the transition to new counsel, including providing case file information to the new attorney. Though the option of retaining case files as security for unpaid fees is often available, it is limited by law, as will be discussed in Part 3. An attorney must also refund to his client any advance fee that hasn’t been earned.

If your former attorney has filed a lien against you, if you dispute the amount of the fees he claims you owe him, or if you are seeking new counsel for your case, Trials and Errors Firm is experienced in holding other attorneys accountable for their actions. Contact us today to see how our expertise can help you.

Testimonials

"From the moment I first spoke with Alan Wagner I felt like someone had my back. That alone made me feel so much better immediately. From there he stuck by me, answered my questions, gave me excellent advice and got my case resolved. He is amazing!!! He is the first one I will turn to if I have any legal issues and the first one I will recommend. I can't thank you enough."
- Dave
Posted on August 11, 2017
"After receiving some horrific dental work, I turned to Jason Whittemore for assistance. He listened to my case, made suggestions and then took action! He was professional, attentive and knowledgeable. In addition, because he was able to settle the case without going to court, he didn’t charge me a penny! You can’t ask for better representation. Thank you Jason and team for all you have done for me."
- Lucie
Posted on Avvo on March 15, 2017
"Michael McLaughlin's name was provided to me from a close friend, so I realized immediately that this will be a great choice for my case. Everyone knows word of mouth from a close friend or family member for any type of service is solid. This was evident when I first met Michael 4 days after my accident when he arrived at my private residence. I reached out to him via phone call when I got home from the hospital and he wanted to come to my house the next day to get started - no time was wasted. He was very empathetic, down to earth, and honest with me and my wife concerning what to expect in the next 6 months with my case. He was spot on relating to expectations and what he could make possible in my favor to ease my stress as the months passed. He was devoted and hardworking along with his legal assistant Sharon keeping me aware of the progress of my case and relentless in reducing my medical bills and battling with the insurance companies. Michael also unexpectedly and drastically reduce his fees in order to provide us with additional funds we honestly never expected to obtain. He received an Excellent Rating because he earned it - Thanks Michael for what you accomplished for me and my family. High Recommended! Devoted - Hardworking - Relentless!"
- John
Posted on Avvo on February 23, 2017
"I hired Michael McLaughlin after being involved in a vehicle accident with injury. Michael was very easy to talk with and did not use legal verbiage but explained it very clearly and supported his concerns with clear documentation for my review. The entire time Michael kept me informed of the process and procedures and how each step was important my input and understanding would instrumental to the outcome of my case. His professionalism did not intimate but actually made me comfortable and confident i had hired the right person to protect my interest in this case were not minimized."
- Douglas
Posted on January 27, 2017
"They Fought the Big Guys and Won. After years of litigation against one of the largest corporations in the world, Alan Wagner and his team will be delivering a huge check from the defendants. Thank You. It pays to have a Board Certified Trial Lawyer."
- W.F. Casey
Posted on November 22, 2016
"Mr. Kevin McLaughlin took the time to reply to my questions and concerns relating to a recent incident. I also like that he and the other attorneys in his firm have much experience in specific areas of the law."
- Rick
Posted on October 17, 2016
"Alan Wagner took our case when numerous other lawyers would not. Though he knew that his return on investment would be low, he was willing to accept the case on principle. My wife and I didn't even have time to stop celebrating the fact that someone was willing to take the case before he actually had it settled. All along we were concerned about how much of our money we would ever be able to get back and he got every dime returned to us, with the payment plan in place in a matter of days from accepting the case. I can't say enough about his professionalism, demeanor, and knowledge."
- Chris
Posted on Avvo, July 23, 2015
"I could go on and on about Mr. Alan Wagner. I contacted him via his website and 30 minutes later I was on the phone with him himself. I explained my situation and while we were still on the phone he had sent a runner to the courthouse to get information that I would not have known how to get. He walked me through the entire process and, what had taken years with another attorney, took care of everything in about 90 days."
- Chris
Posted on Avvo, January 3, 2012
"Michael McLaughlin came highly recommended to me by another member of the legal profession. I was told that he and his firm were professional, highly esteemed and ethical as well which was very important to me. Michael was always available to me whether by phone or email. If I had to leave a message, I always heard back from him very quickly. When I thanked him for his time, he always reminded me that he was working for me. Michael kept me fully informed throughout the entire process and was thoughtful and kind. He was always honest and gave me realistic expectations."
- Tami
Posted on Avvo, November 17, 2015
"Mr. Jason Whittemore is a sharp, very responsive, attentive, professional. He always politely spoke the facts. He kept me informed at all times. The end result was that we won. He is the sole reason for winning this unusual case. I highly recommend Mr. Whittemore and if I need an attorney in the future he is first on my list."
- Aimee
Posted on Avvo, March 1, 2016
"Kevin McLaughlin is one of the most honest and hard working people that my husband and I have had the pleasure to deal with. We would both highly recommend him and his whole firm to anyone seeking legal assistance."
- Laura
Posted on Avvo, September 22, 2015
"Alan Wagner provided my sisters and I excellent advice that included a referral to an excellent Tampa estate attorney who was able to clean up a mess created by a Sarasota estate attorney we had hired and another our mother had hired thinking she was preparing her estate carefully. He was always very generous of his time as a sage advisor even though he had no financial gain from our case."
- Karen Giroux
Best Lawyers SuperLawyers Martindale Florida Bar NBTA Florida Justice American College of Trial Lawyers

Florida Legal Malpractice Blogs

blog-image

What to do if your Attorney Didn’t Show up to Court

When you hire an attorney, you expect the best representation possible. Your […]

Learn More
blog-image

What is Commingling?

Commingling is the act of attorneys mixing their own funds with clients’ […]

Learn More
blog-image

Lose Your Case Because Your Lawyer Didn’t Properly Investigate? How to Begin Another Case

Lose Your Case Because Your Lawyer Didn’t Properly Investigate? When you hire […]

Learn More
blog-image

How a Lawyer Can Help in a Deed Preparation & What Happens If Something Goes Wrong

The decision to sell your house or land is a big one; […]

Learn More
blog-image

Case Wasn’t Filed in Time? Why You Might Have a Legal Malpractice Case

Failure to File Your Case on Time Could Gain You a Legal […]

Learn More
blog-image

Lawyer Jurisdictions: Did Your Lawyer Practice in a State They Are Not Licensed In?

Malpractice in the legal industry occurs more often than people realize, and […]

Learn More
blog-image

Attorney Failed to Appeal My Case in Time: Do I Have a Case?

When you’re involved in the legal system, time is always important. Deadlines […]

Learn More
blog-image

Legal Malpractice: Financial Misconduct and Misappropriated Funds

The social contract dictates everyone should be able to trust their lawyers […]

Learn More
blog-image

Legal Malpractice: Inadequate Knowledge of Applicable Law

You trust your lawyer to protect your rights and defend your interests. […]

Learn More
blog-image

Four Common Filing Errors That Can Ruin Your Legal Case

Losing a case or having it rejected by the court because of […]

Learn More