Could a Minnesota lawyer file an attorney lien against a client's homestead?
Apply this to your situation
This page answers the general question as of 1990. Ask about yours and see what the current Minnesota Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The opinion addressed when a lawyer could file an attorney lien reaching a client's homestead. It concluded that doing so was professional misconduct unless the lawyer first obtained a valid waiver of the client's homestead exemption.
The opinion imposed a form requirement on that waiver: it had to be a written document separate and apart from the fee agreement.
Currency note
The Board flagged this opinion as Repealed effective April 4, 2003; it is retained here for historical research only.
This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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 lawyer place an attorney lien on a client's homestead?
A: Not without a waiver. The opinion concluded it was misconduct to file an attorney lien against a client's homestead, or the client's interest in it, without first obtaining a valid waiver of the client's homestead exemption.
Q: What form did the homestead-exemption waiver have to take?
A: The opinion required the waiver to be a written document separate and apart from the fee agreement.
Background and rules framework
The opinion addressed the intersection of a lawyer's fee-collection security and a client's statutory homestead exemption. It was adopted in 1990 and repealed in 2003. 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
- ABA Ethics Op. 02-427: Security Interest to Secure a Fee
- California Ethics Op. 1981-062: Promissory Note or Security Interest for Fees
- Minnesota LPRB Ethics Op. 11: Retaining Liens on Client Files
Source
- Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
- Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-14_compressed.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
Repealed: April 4, 2003
OPINION NO. 14
ATTORNEY LIENS ON CLIENT HOMESTEADS
It is professional misconduct for a lawyer to file an attorney lien against a client's homestead or the client's interest in the homestead without first obtaining a valid waiver of the client's homestead exemption. The homestead exemption waiver must be a written document separate and apart from the fee agreement. Adopted: June 15, 1990.
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