LIENS - ATTORNEY

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99-07 A lawyer must deliver to a client or former client, upon request, all property that the lawyer has in his/her possession which the client is entitled to receive. Further, a lawyer may only assert a lien for attorney's fees and costs if to do so would not prejudice the client in pursuing his/her case.

97-10 An attorney whose client first agrees to a settlement and later refuses to endorse the settlement check may not accept a substitute check payable to the attorney as trustee on behalf of his client for deposit in his Trust Account and distribution.

91-03 (A) Upon request of the client an attorney may not refuse to deliver to the client the papers and property of the client, to which the client is entitled. (B) An attorney may not collect an excessive fee. (C) It is beyond the authority of this committee to answer questions of law related to the scope of the attorney's lien and enforceability of retainer agreements.

87-13 An attorney may take a mortgage on a client's home to secure payment of unearned but anticipated legal fees and expenses but may not take and record a mortgage unrelated to fees for the sole purpose of frustrating efforts of judgment creditors to collect the client's debts.

85-04 An attorney violates no provision of the Code by holding in escrow funds of his client upon which a second attorney claims an attorney's lien, and which were obtained by the attorney through the second attorney's endorsing an insurance company settlement check which had been made payable to both attorneys.

82-09 Attorney's lien on client's file

 

 

 

 

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