Attorney Lien Disputes in Georgia
When the attorney-client relationship ends — whether because you fired your attorney, your attorney withdrew, or your case concluded — disputes over fees and attorney liens are common. Some are legitimate. Many are not. I represent clients in disputes over attorney charging liens, retaining liens, and fee claims asserted by former counsel.
Types of Attorney Liens in Georgia
Charging Liens — Under O.C.G.A. § 15-19-14, an attorney who has obtained a judgment, settlement, or recovery for a client has a lien on those proceeds for their fee. This lien attaches to the specific fund created by the attorney’s work.
Retaining Liens — An attorney may, in certain circumstances, retain physical possession of client property (including files) as security for unpaid fees. However, this right is limited and can be waived or challenged.
When Liens Are Improper
Not every fee lien an attorney asserts is valid. A lien may be improper when:
- The attorney was discharged for cause — including malpractice or misconduct
- The attorney is claiming fees for work not actually performed or work of no value
- The fee agreement itself is unenforceable or unconscionable
- The attorney withdrew voluntarily without good cause
- The lien is being used to hold a client’s file hostage improperly
Quantum Meruit and Discharge for Cause
In Georgia, an attorney discharged without cause may recover the reasonable value of services rendered on a quantum meruit basis — but this is typically less than the full contingency fee. An attorney discharged for cause — meaning fired because of malpractice or misconduct — may be entitled to nothing. I assist clients in challenging overreaching fee claims and liens, particularly where the attorney’s own conduct was the reason for the discharge.