Factors That Determine The Lawyer's Success
Factors That Determine The Lawyer's Success
Miquiabas
Practice Court I - B
7. Attorney’s Lien
There are two kinds of attorney’s lien: (1) the general, retaining or possessory lien, and (2) the
special, particular, or charging lien.
The general or retaining lien of an attorney is his right to retain possession of all documents,
money, or other property of his client coming into his hands professionally until a general
balance due him for professional services is paid.
The judge, therefore, abuses his or her discretion if he or she orders the documents, money, or
property, returned to the client without requiring the latter to file sufficient security to protect the
attorney’s lien.
On the other hand, a special or charging lien of an attorney is an equitable right to have the fees
and costs due to him for services in a suit secured to him out of the judgement in that particular
suit.
Hence, the attorney is entitled to have the judgement enforced and to receive from the proceeds
thereof compensation for his services and indemnity for expenses incurred by him in the case.
It may therefore be seen that the right of a lawyer to insure the payment of his professional fee is
either to retain the funds, documents, and papers of his client which may have lawfully come into
his possession, or to enforce it upon any judgment for the payment of money he may secure in
favor of his client. And it has been held that the retaining lien is dependent upon possession and
does not attach to anything not in the attorney's hands. The lien exists only so long as the
attorney's retains possession ends (Rustia vs. Abeto, supra).