Attorney Lien On Client Files
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FAQ
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
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.
In New York, charging liens are granted by statute. See Judiciary Law § 475. A retaining lien is a possessory lien recognized under common law over all property documents, moneys or securities that come into a lawyer's possession in the course of employment as a lawyer.
If a document is created for the client's benefit, it likely belongs to the client; and if the document is created for the lawyer's benefit, it likely belongs to the lawyer. 3. If the client paid for the document, it likely belongs to the client.
'Client papers and property' includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not."