A charging lien is a legal claim or encumbrance placed on a person’s property or assets in order to secure payment of a debt or obligation. It allows a creditor to have a priority claim on the proceeds from the sale or disposition of the property in the event of default or non-payment. The charging lien is typically created through a written agreement or court order and can be enforced through legal action.
A charging lien is a legal claim placed on a client’s recovery in a lawsuit by their attorney to secure payment for legal services provided.
An attorney can place a charging lien on a client’s recovery when there is an unpaid balance for legal services provided in a specific case.
A charging lien can be placed on any type of case where legal services were provided, including personal injury, family law, and business litigation cases.
A charging lien is enforced by filing a legal document with the court where the case was litigated, notifying all parties involved in the case of the attorney’s claim to the client’s recovery.
Yes, a client can dispute a charging lien if they believe the attorney’s claim for payment is unjustified or excessive.
If a client refuses to pay the attorney’s charging lien, the attorney may have the right to pursue legal action to enforce the lien and collect the unpaid fees.
The amount of a charging lien is typically limited to the reasonable value of the attorney’s services provided in the case.
Yes, an attorney may choose to waive their right to a charging lien if they agree to a different payment arrangement with the client.
To prevent a charging lien from being placed on their recovery, a client should ensure they have a clear and agreed-upon fee arrangement with their attorney before the case is resolved.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 23rd April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/charging-lien/
- Modern Language Association (MLA):Charging Lien. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/charging-lien/.
- Chicago Manual of Style (CMS):Charging Lien. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/charging-lien/ (accessed: May 09 2024).
- American Psychological Association (APA):Charging Lien. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/charging-lien/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts