Attorney Lien Disputes in Georgia

When Your Lawyer Files a Lien Against Your Case

Has your lawyer filed a lien against your personal injury case or lawsuit? Attorney liens can be extremely stressful for clients. In some situations, a former lawyer may file a lien that prevents your case from moving forward until the fee dispute is resolved.

Many injured clients feel trapped when this happens. You may worry that the lien will force you to accept an unfair settlement or leave you without legal representation.

Before accepting any settlement offer or attempting to handle the dispute on your own, you should speak with a lawyer who understands Georgia attorney lien law and legal malpractice claims.

Attorney Jacob D. Rhein of Rhein Law LLC represents clients throughout the Atlanta metro area and across Georgia in disputes involving attorney liens and improper fee claims. Rhein has defeated unethical liens and saved hundreds of thousands of dollars for clients in fee disputes with former attorneys. In some situations, he has not only defeated the lien but also pursued malpractice claims against the lawyers who filed it.

Understanding Attorney Liens in Georgia

Georgia law allows attorneys to file liens against cases in certain circumstances.

The statute governing most attorney liens provides:

“Upon actions, judgments, and decrees for money, attorneys at law shall have a lien superior to all liens except tax liens…”
— O.C.G.A. § 15-19-14

This statute allows lawyers to assert what is known as a charging lien against a case. A charging lien attaches to the settlement or judgment obtained through the attorney’s work. In other words, if a lawyer successfully obtains money for a client, the attorney may have a legal claim to a portion of those proceeds as payment for legal services.

The purpose of the statute is to provide financial protection for lawyers who perform legal work before being paid.

However, attorney liens can also be misused or abused by unethical lawyers.

Types of Attorney Liens in Georgia

Several types of liens and fee claims may arise when a dispute develops between a lawyer and a client.

Charging Liens

A charging lien is the most common type of lien in personal injury cases. It allows a lawyer to claim a portion of the settlement or judgment obtained through the lawyer’s work.

These liens attach to the specific recovery created by the attorney’s efforts.

Retaining Liens

In some circumstances, a lawyer may attempt to hold a client’s file or other property as security for unpaid fees. These are sometimes referred to as retaining liens.

However, retaining liens are limited and may be challenged if the lawyer’s actions interfere with the client’s ability to continue pursuing the case.

Fee Claims Based on Quantum Meruit

When a lawyer is replaced before the case is finished, the attorney may claim payment based on quantum meruit, which means the reasonable value of services performed.

Importantly, this is often less than the full contingency fee the lawyer originally expected to receive.

When Attorney Liens Become Abusive

Although attorney liens can be legitimate, they are sometimes used in ways that unfairly pressure clients.

In some high-volume personal injury practices, a law firm may sign up a client through advertising and perform limited early work on the case. After receiving an initial settlement offer from the insurance company, the firm may withdraw from the representation and file a large lien seeking a percentage of the case.

This can place the client in a difficult position.

Many lawyers hesitate to take over a case once a lien has been filed. As a result, the client may feel forced to either accept the low settlement or attempt to continue the case without legal representation.

In these situations, attorney liens can effectively be used to bully injured clients into accepting less than they deserve.

When an Attorney Lien May Be Improper

Not every attorney lien is valid.

A lien may be challenged or defeated when:

• The lawyer was fired for cause, such as malpractice or misconduct
• The lawyer withdrew from the case without good reason
• The lawyer claims fees for work that provided little or no value
• The fee agreement itself is unreasonable or unenforceable
• The lien is used to improperly hold a client’s file hostage
• The lawyer’s conduct caused damage to the client’s case

When a lawyer is discharged for cause, Georgia law may prevent the attorney from recovering fees at all.

In some situations, the same misconduct that led to the fee dispute may also support a legal malpractice claim.

Fighting Unfair Attorney Liens

Attorney lien disputes often require careful legal analysis and strategic litigation.

Attorney Jacob D. Rhein regularly assists clients who need a second lawyer after problems develop with prior counsel. Rhein Law LLC has successfully challenged improper liens and helped clients move forward with their underlying injury cases.

In certain cases, Rhein has not only defeated the lien but also pursued claims against the former attorney for:

• Legal malpractice
• Breach of fiduciary duty
• Unethical fee practices

These actions have resulted in substantial financial recoveries for injured clients whose cases were mishandled.

Speak With a Georgia Lawyer About an Attorney Lien Dispute

If your lawyer has filed a lien against your case or you are involved in a dispute over legal fees, you may have options.

Attorney Jacob D. Rhein represents clients in attorney lien disputes, fee disputes, and legal malpractice claims throughout the Atlanta area and across Georgia.

To learn more about your rights or discuss your situation, contact Rhein Law LLC for a consultation.

Call (888) 222-4701 or complete the firm’s contact form to speak with Attorney Rhein.