Is it ethical for a lawyer to hold a client's papers under a retaining lien until the lawyer is paid?

Plain-English summary

A member asked about his right to an attorney's retaining lien. The committee found no ethical question was involved.

On the facts the member stated (the client consulted him, arranged for services, agreed on a fee, and left certain papers; the lawyer rendered services and reserved time for the client's business, which was not used), the committee said all of this would give the lawyer an attorney's retaining lien on the papers in his hands. It concluded there is nothing unethical in an attorney exercising his retaining lien.

Currency note

This opinion was issued in 1963, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 14 of the Canons of Professional Ethics; the handling of client property and funds is now addressed by Rule 4-1.15 and Rule 5-1.1 of the Rules Regulating The Florida Bar (Model Rule 1.15). Subsequent rule amendments or later opinions may have changed the analysis, and a lawyer's right to assert a retaining lien is governed by substantive law as well as the ethics rules. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer hold a client's papers until the fee is paid?

A: The committee found nothing unethical in a lawyer exercising a retaining lien on papers in his hands, on facts where the client had consulted him, arranged for services, agreed on a fee, and left papers, and the lawyer had rendered services.

Q: Did the committee treat this as an ethics question at all?

A: It said no ethical question was involved. The committee described the facts that would give rise to the retaining lien and concluded there was nothing unethical in the lawyer exercising it.

Background and rules framework

The opinion applied former Canon 14 of the Canons of Professional Ethics. A lawyer's safekeeping of client papers and property is now addressed by Rule 4-1.15 and Rule 5-1.1 of the Rules Regulating The Florida Bar (Model Rule 1.15). The existence and scope of an attorney's retaining lien is a matter of substantive law; the committee addressed only the ethical propriety of asserting one.

Citations and references

Rules of Professional Conduct:

• Canon 14 [Canons of Professional Ethics; see current Rules 4-1.15, 5-1.1]

See also

• FL Bar Ethics Op. 65-10: Asserting a Retaining Lien
• FL Bar Ethics Op. 68-21: Attorney's Retaining Lien
• FL Bar Ethics Op. 70-17: Retaining Lien on Client Funds

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-62-71/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-62-71-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 62-71
May 28, 1963
Advisory ethics opinions are not binding.
There is nothing unethical in a lawyer exercising his retaining lien.
Canon: 14
Chairman Holcomb stated the opinion of the committee:
A question of a member of The Florida Bar, relative to his right to an attorney's retaining lien, has been considered by the Committee on Professional Ethics.
We find no ethical question involved. Under the circumstances stated by him — that his client consulted with him, arranged for services, agreed on a fee and left certain papers with him, that he rendered services and reserved time for the client's business, which was not used — all would give him an attorney's retaining lien on the papers in his hands. There is nothing unethical in an attorney exercising his retaining lien.