November 6, 2025
Categories: Legal Malpractice, Working with your attorney
In Part 1, we explained what attorney liens are and when Florida lawyers may attempt to use them. This article focuses on the legal requirements, ethical limitations, and withdrawal rules that determine whether an attorney lien is valid—and when it can be challenged.
Understanding these rules is especially important for clients in Tampa and throughout Florida who are facing a retaining lien or charging lien after changing attorneys.
Before a former attorney can file a lien to recover unpaid fees or costs, several legal conditions must be met. Courts carefully review these prerequisites to ensure the lien is justified and fair.
First and foremost, there must be a valid attorney-client contract showing that you agreed to pay the attorney for legal services. If no agreement existed, or if the agreement does not support the amount claimed, the attorney generally has no right to demand payment through a lien.
The attorney must also show that you failed to pay the fees or costs you agreed to cover and that you were given timely notice of the amount that was owed. If payment arrangements were already in place or no detailed accounting was ever provided, a lien may be improper or premature.
Once these conditions are met, the attorney may file a formal notice of lien identifying the amount claimed and the method of recovery. Any inaccuracies or procedural defects in this filing can provide grounds to challenge the lien.
Whether you’ve failed to pay him or not, your attorney is still ethically obligated to avoid prejudicing the interests of your case. This basic rule applies very differently depending on the circumstances. If an asserted lien delays proceedings, interferes with your ability to obtain new counsel, or threatens your chances of recovery, the court may limit or deny it altogether.
Contingency fee agreements, common in personal injury and civil litigation, are subject to additional restrictions. If your contract states that the attorney is only paid upon a successful recovery, they generally cannot demand payment unless and until that recovery occurs.
If the case is successful, however, a former attorney may still be entitled to reasonable fees and reimbursement of costs, provided the lien complies with Florida law and ethical rules.
An attorney’s right to assert a lien often depends on whether their withdrawal from the case was reasonable and lawful. Courts closely examine the circumstances surrounding withdrawal when evaluating lien disputes.
Florida Rule of Professional Conduct 4-1.16 requires an attorney to withdraw if continuing representation would violate the law or ethical rules, if the attorney is physically or mentally unable to continue, or if the client discharges the attorney. Withdrawal is also required if the attorney knows the client is engaging in criminal or fraudulent conduct and refuses to correct it.
An attorney may also withdraw for permissible reasons, provided it does not materially harm the client’s interests. These reasons can include fundamental disagreements with the client, failure to fulfill financial obligations after warning, or circumstances that make representation unreasonably difficult or financially burdensome.
If withdrawal occurs at a critical stage, such as on the eve of trial, the attorney must typically show a compelling justification.
If a former attorney withdrew without reasonable cause or in a way that seriously damaged your case, the court may refuse to enforce their lien. Unjustified withdrawal can weigh heavily against an attorney seeking compensation.
Clients who can demonstrate that the withdrawal was unreasonable or prejudicial may be able to reduce or eliminate the claimed fees significantly.
Even after withdrawal, an attorney must take reasonable steps to protect the client’s interests during the transition to new counsel. This includes providing case file materials and cooperating as necessary to avoid disruption.
While retaining liens may allow an attorney to hold certain materials temporarily, that right is limited and does not override the duty to prevent harm to the client’s case. Attorneys must also refund any unearned portion of advance fees.
Without a valid fee agreement, an attorney’s ability to enforce a lien is significantly limited. Courts are unlikely to approve a lien that is not clearly supported by a valid and enforceable contract.
If you have made payment arrangements or are disputing fees in good faith, a lien may be considered premature. Courts often require clear evidence of nonpayment before allowing a lien to proceed.
Yes. If an attorney withdraws without reasonable cause or in a way that prejudices your case, the court may deny or reduce their lien. The reasonableness of withdrawal is a key factor in lien disputes.
Yes. Retaining liens and charging liens are governed by different legal standards and procedural requirements. An experienced Florida lien defense attorney can determine which rules apply to your situation.
Attorney lien disputes involve complex contract law, court procedures, and ethical rules that can be challenging to navigate independently. A knowledgeable lien defense attorney can assess whether the lien meets Florida’s legal requirements and challenge improper or excessive claims. Keep an eye out for part 3, where we’ll dive deeper into retaining and charging liens.
If your former attorney has filed a lien, if you dispute the fees being claimed, or if their withdrawal harmed your case, Wagner, McLaughlin & Whittemore can help hold them accountable. Contact our firm today for a free consultation.
