Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was of the opinion that an attorney's lien can be asserted for fees due in previous litigation against funds now received on behalf of that same client in new litigation. The committee was further of the opinion that the lawyer must comply with the attorney's lien statute regarding the transfer of those client funds to the firm account and the payment of the owed legal fees.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 1.14 on safekeeping client funds was later renumbered and amended, and the attorney's-lien statute it refers to may have changed. Treat this page as historical context, not current guidance.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: Can a lawyer apply an attorney's lien for fees from an old case to money received for the same client in a new case?
A: Under this opinion, yes. The committee was of the opinion that an attorney's lien for fees due in previous litigation could be asserted against funds received on behalf of the same client in new litigation.
Q: Can the lawyer simply move the funds to the firm account?
A: Only by following the statute. The committee was of the opinion that the lawyer must comply with the attorney's lien statute regarding the transfer of those client funds to the firm account and the payment of the owed legal fees.
Background and rules framework
The opinion concerns Washington RPC 1.14 on safekeeping client funds, corresponding to Model Rule 1.15, together with the attorney's-lien statute. The committee approved asserting a prior-litigation fee lien against funds received in a new matter for the same client, conditioned on compliance with the lien statute.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.14 (safekeeping client funds), corresponding to Model Rule 1.15.
Statutes:
- The Washington attorney's-lien statute (referenced, not quoted, in the opinion).
See also
- WSBA Ethics Op. 994: selling client property to satisfy a fee judgment
- CA Bar Ethics Op. 2006-170: a charging lien in a contingency-fee agreement
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=148
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1037
Year Issued: 1986
RPC(s): RPC 1.14
Subject: Attorney's lien for fees owed in prior litigation asserted against funds received on client's behalf from new matter
The Committee was of the opinion that an attorney's lien can be asserted for fees due in previous litigation against funds now received on behalf of that same client on new litigation. The Committee was further of the opinion that the lawyer must comply with the attorney's lien statute regarding the transfer of those client funds to the firm account and payment of the owed legal fees.
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