Florida Retaining Lien

A retaining lien in Florida may permit an attorney to retain its files until she is paid for her services. There are only a handful of points that are easy to grasp to understand this concept. It’s different than, but related to, a charging lien. And, there was a 2021 Florida Bar revised or reconsidered opinion on this topic which is a must read.

What is a retaining lien?

A retaining lien in Florida is a right.

The right belongs to a lawyer or law firm.

It is a form of security. To provide some assurance that a lawyer will be paid.

If it is valid, it attaches to files. Papers, documents, notes, drafts. …. sometimes ! Maybe!

Why? Because the Florida Bar just issued an ethics opinion on lawyer liens on March 23, 2021. It is a must read.

That 2021 opinion is a reconsideration of Florida Bar Ethics Opinion 88-11 which was issued on August 1, 1988. To read the 2021 reconsideration, click HERE.

How do I learn more?

Consider reading an opinion from Florida’s 3rd District Court of Appeal.

A 2010 opinion tells you more about this obscure legal topic.

That opinion also distinguishes a charging lien from a retaining lien.

To see free Florida Legal videos on charging liens, click HERE.