What is ? Definition of in Black's Law Dictionary
The right of an attorney at law to hold or retain in his possession the money or property of a client until his proper charges have been adjusted and paid. It requires no equitable proceeding for its establishment. Sweeley v. Sieman, 123 Iowa, 183, 98 N.W. 571. Also a lien on funds in court payable to the client, or on a judgment or decree or award in his favor, recovered through the exertions of the attorney, and for the enforcement of which he must invoke the equitable aid of the court. Fowler v. Lewis, 36 W. Va. 112, 14 S.E. 447.
Charging lien. An attorney's lien, for his proper compensation, on the fund or judgment which his client has recovered by means of his professional aid and services. Goodrich v. McDonald, 112 N.Y. 157, 19 N.E. 649; In re Craig, 157 N.Y.S. 310, 311, 171 App.Div. 218. It is a specific lien covering only the services rendered by an attorney in the action in which the judgment was obtained, whereas a retaining lien is a general lien for the balance of the account between the attorney and his client, and applies to the property of the client which may come into the attorney's possession in the course of his employment. In re Heinsheimer, 143 N.Y.S. 895, 896, 159 App.Div. 33. Retaining lien. The lien which an attorney has upon all his client's papers, deeds, vouchers, etc., which remain in his possession, entitling him to retain them until satisfaction of his claims for professional services. In re Wilson, D.C.N.Y., 12 F. 239; It is a general lien. Roxana Petroleum Co. v. Rice, 109 Okl. 161, 235 P. 502, 507.
More On This Topic: ATTORNMENT - Black's Law Dictionary
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