Define: Retaining Lien

A retaining lien is a legal right that allows a professional, such as a lawyer or accountant, to retain possession of a client’s property until the client pays for the services rendered.

Professionals such as lawyers, accountants, architects, and engineers can typically exercise a retaining lien.

When a professional exercises a retaining lien, they can refuse to return the client’s property until the outstanding fees are paid. This can include documents, files, or other items that the professional has worked on for the client.

Yes, a retaining lien is generally recognized as a legal right for professionals to secure payment for their services.

Yes, a professional can still exercise a retaining lien even if the client disputes the fees. However, the client may have the right to challenge the fees in court or through alternative dispute resolution methods.

No, a professional cannot sell the client’s property to recover unpaid fees. The retaining lien only allows them to retain possession of the property until the fees are paid.

If the fees are genuinely disputed, a professional may still be able to retain possession of the property until the dispute is resolved. However, they should be prepared to justify their fees and may need to follow specific legal procedures.

The duration of a retaining lien can vary depending on the jurisdiction and the specific circumstances. It is advisable to consult local laws or seek legal advice to determine the applicable time limits.

Yes, a professional can still exercise a retaining lien even if the client has paid a portion of the fees. The lien applies to the outstanding balance that remains unpaid.

Yes, a client can challenge a retaining lien if they believe it is being improperly exercised or if they have valid reasons for disputing the fees. They may need to seek legal advice and potentially take legal action to resolve the matter.