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http://www.wsba.org/media/publications/barnews/archives/2000/apr-00-ethics.htm Ethics and the Law: Ethical Consideration as to Liens by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. These materials give a brief overview of some features of attorney liens in Washington and then consider some ethical issues arising in the interplay between those and other liens. Overview of Attorney Liens Washington has long recognized a lawyer's right to a lien to secure compensation for services rendered to a client. The right arises both under common law and by statute, with the current general statutory attorney lien being set out at RCW 60.40.010. Ross v. Scannell, 97 Wn.2d 598 (1982) observes that the statute, being in derogation of common law, is to be strictly construed. The lien is generally viewed in Washington as a possessory or retaining lien which allows a lawyer to retain a client's papers or money in the possession of the lawyer, and in certain cases, to make claims on money in the hands of adverse parties. The lien is a charging lien to the extent it applies to some judgments, where in effect it prevents clients from reaping the benefits of the lawyer's work, but depriving the lawyer of earned compensation. As a retaining lien, if the lawyer gives up possession of the possessed property, or assigns it to another without agreeing to retain the lien or secure an assignment of assets, the lien terminates. For example, in Mahomet v. Hartford Insurance Co., 3 Wn.App. 560, 477 P.2d 191 (Div. II, 1970), the lien ended when the lawyer surrendered insurance policies without an agreement to retain his lien. Full Article: http://www.wsba.org/media/publications/barnews/archives/2000/apr-00-ethics.htm


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