The Attorneys’ Retaining Lien: Dealing With Client Property Amid Unpaid Fees

When a lawyer-client relationship implodes, the lawyer is usually left with unpaid fees.  And since Rule 1.16 of the Illinois Rules of Professional Conduct requires a fired (or firing) lawyer to return all client papers and property, the lawyer owed fees often has no leverage to secure payments due him. Enter the common law retaining lien.  This lien allows …