Could a Minnesota lawyer assert a retaining lien on a client's files?
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This page answers the general question as of 1979. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The opinion addressed the retaining lien, the device by which a lawyer holds a client's files and papers as security for unpaid fees. It concluded that asserting such a lien on a client's files and papers was professional misconduct.
The opinion made the prohibition categorical. It stated that the prohibition applied to all retaining liens, whether statutory, common law, contractual, or otherwise.
Currency note
The Board flagged this opinion as Repealed effective January 26, 2006; it is retained here for historical research only.
This opinion was issued in 1979, before the Minnesota Supreme Court's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Could a Minnesota lawyer hold a client's files until fees were paid?
A: No. The opinion concluded it was professional misconduct to assert a retaining lien on a client's files and papers.
Q: Did the prohibition cover every kind of retaining lien?
A: Yes. The opinion stated it applied to all retaining liens, whether statutory, common law, contractual, or otherwise.
Background and rules framework
The opinion addressed retaining liens on client files and papers, a recurring question about a lawyer's duties regarding client property and files on termination of a representation. It was adopted in 1979 and repealed in 2006. The opinion did not cite a numbered Rule of Professional Conduct.
Citations and references
Rules of Professional Conduct:
- The opinion cites no Rule of Professional Conduct by number.
See also
- Alaska Ethics Op. 2003-3: Retaining Liens on Client Files
- ABA Ethics Op. 471: Surrender of Papers and Property to a Former Client
Source
- Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
- Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-11_compressed.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
Repealed: January 26, 2006
OPINION NO. 11
ATTORNEYS’ LIENS
It is professional misconduct for an attorney to assert a retaining lien on the files and
paper of a client. This prohibition applies to all retaining liens, whether they be statutory,
common law, contractual, or otherwise.
Adopted: October 26, 1979.
Repealed: January 26, 2006.
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