Attorney Lien In Michigan
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FAQ
'The general or retaining lien is merely a passive right of retainer of papers or moneys reduced to possession, whereas the charg- ing lien is rather an active right, enabling the attorney to take active steps to charge the judgment or fund with his claim, and to secure the aid of the court for his pro- tection.
Pursuant to Michigan Court Rule 9.130(B) the client and the attorney may elect to resolve a fee dispute through binding arbitration. The arbitration process is voluntary. The Attorney Grievance Commission has no authority to require either the client or the attorney to participate in this process.
Charging liens arise out a recognition that a lawyer is entitled to. benefit from a judgment obtained as the result of the lawyer's services.
To impose a charging lien, four requirements must be satisfied: '(1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney's fees out of the recovery; (3) either an avoidance of payment or a dispute as to the amount of fees; and (4) timely notice.