November 5, 2025
Categories: Legal Malpractice, Working with your attorney
When you hire a lawyer in Florida, you expect professional representation, not a dispute over legal fees that puts your case at risk. Yet fee disagreements do happen, especially when an attorney withdraws from a case or a client decides to change counsel. In those situations, a former attorney may assert a lien against your case or settlement.
If you are dealing with a retaining lien or charging lien in Tampa or elsewhere in Florida, understanding how these liens work and when they can be challenged is critical to protecting your legal rights.
Most attorney-client relationships begin with a written fee agreement. This contract outlines the scope of representation, the terms of payment to the attorney, and the allocation of responsibility for litigation costs, including filing fees, expert witness fees, and investigative expenses.
Some clients pay a retainer, while others sign a contingency fee agreement that allows the attorney to collect a percentage of any recovery. Regardless of the structure, the language of the agreement plays a major role if a dispute later arises.
Once an agreement is signed, attorneys typically invest a significant amount of time and resources into a case. They gather evidence, interview witnesses, take depositions, file motions, and negotiate with opposing parties.
However, representation does not always proceed as planned. A client may become dissatisfied, or an attorney may withdraw due to ethical concerns, nonpayment, or a communication breakdown. When that happens, questions about unpaid fees and costs often follow.
Under Florida law, a former attorney may still be entitled to compensation for work already performed, even if they are no longer handling the case. This can include:
If a client disputes the amount owed or is unable to pay immediately, the attorney may attempt to secure payment through a legal lien.
Florida attorneys generally rely on two types of liens to recover unpaid fees: retaining liens and charging liens. Each operates differently and is subject to specific legal requirements.
A retaining lien allows an attorney to hold onto a client’s file, documents, and evidence until outstanding fees or costs are paid. This type of lien does not require court approval, but it can only be asserted while the attorney still has possession of the materials.
Because retaining liens can delay a case or interfere with a client’s ability to move forward, they are often the subject of legal disputes.
A charging lien allows a former attorney to claim a portion of a future settlement or judgment. Unlike a retaining lien, a charging lien must meet specific legal conditions, including timely notice and a clear connection between the attorney’s work and the recovery obtained.
Charging liens are enforced through the court and can significantly impact the amount a client ultimately receives.
Not every attorney lien is enforceable. Florida courts closely examine whether:
Unreasonable or improperly filed liens can often be challenged, reduced, or eliminated.
In certain circumstances, a former attorney may assert a retaining lien and temporarily hold parts of your case file to secure unpaid fees. However, Florida courts often require attorneys to release documents and evidence that are necessary to prevent prejudice to your case or allow your new lawyer to proceed.
An attorney cannot simply take settlement funds at will; they must properly assert a charging lien and meet specific legal requirements under Florida law. If the lien is not timely filed, properly noticed, or supported by the fee agreement, it may be challenged or denied by the court.
You are not legally required to hire a lawyer, but attorney lien disputes often involve complex procedural and ethical rules. An experienced lien defense attorney can identify weaknesses in the lien, negotiate reductions, and protect your settlement or judgment.
Yes. Retaining liens can delay the transfer of your file, and charging liens can complicate settlement negotiations or distribution of funds. Prompt legal action can help minimize delays and keep your case moving forward.
Defending against an attorney lien requires a detailed understanding of Florida lien law and legal ethics rules. An experienced lien defense attorney can review the fee agreement, evaluate the validity of the lien, and advocate for your interests in court.
There are rules governing an attorney’s ability to file each type of lien, and conditions that must exist before a lien can be filed at all. Those rules and conditions will be explored in Part 2, and retaining and charging liens will be explored in Part 3.
Wagner, McLaughlin & Whittemore has extensive experience defending clients against unreasonable attorney liens and helping stalled cases move forward. If you are facing a retaining lien or charging lien in Tampa or anywhere in Florida, contact our firm today for a free consultation.
