November 9, 2025
Categories: Legal Malpractice, Working with your attorney
Attorney liens are often the clearest sign that the attorney-client relationship has broken down. In Part 1, we explained what attorney liens are, and in Part 2, we explored the legal requirements and limitations that govern them. This final article focuses on the two most common types of attorney liens in Florida, retaining liens and charging liens, and how they can affect your case.
Understanding the differences between these liens is especially important for clients in Tampa and throughout Florida who are changing counsel or disputing legal fees.
A retaining lien allows a former attorney to hold specific client property as security for unpaid fees or costs. In Florida, the case file an attorney creates—such as notes, investigation materials, expert summaries, and strategy documents—is generally considered the attorney’s property, even though it relates to your case.
Clients are typically entitled to access or obtain copies of these materials, often at their own expense; however, they are not automatically entitled to take the original file when leaving the firm.
When an attorney withdraws from a case, new counsel will almost always request the prior case file. Without it, the new attorney may be forced to duplicate work that has already been completed, leading to delays, increased costs, and potential harm to the case.
Although attorneys have an ethical duty to avoid prejudicing a former client’s case, they also retain the right to be paid under the fee agreement. If payment cannot be resolved, a retaining lien may be asserted to secure payment.
Retaining liens is not unlimited and is closely scrutinized by Florida courts. They are subject to the ethical and legal limitations discussed in Part 2, particularly when enforcement could harm the client’s interests.
Retaining liens is especially limited in contingency fee cases. If your contract states that the attorney is responsible for litigation costs unless and until a recovery is obtained, the attorney generally cannot retain your file because no payment is yet owed.
However, if the agreement requires you to pay certain expenses regardless of the outcome, a former attorney may be able to retain the file until those expenses are paid.
In some circumstances, an attorney may attempt to retain funds they are holding for a client, but strict limitations apply. Funds designated for a specific purpose—such as escrowed funds or loan guarantees—generally cannot be withheld to satisfy attorney fees.
Whether funds may be retained often depends on the language of the fee agreement and the purpose for which the funds were held. Reviewing the contract carefully is critical when these disputes arise.
A charging lien allows a former attorney to claim a portion of a future settlement or judgment as payment for legal services rendered. Unlike a retaining lien, a charging lien does not involve holding physical property or files.
To enforce a charging lien, the attorney must demonstrate that their work substantially contributed to the recovery obtained in the case.
If a former attorney’s representation did not meaningfully advance the case—or if their withdrawal harmed your position—you may be able to challenge the validity of a charging lien. Courts carefully evaluate whether the attorney’s efforts actually led to the result achieved.
Charging liens, like retaining liens, are limited to the reasonable value of the attorney’s services and must comply with the fee agreement.
Florida law does not allow attorneys to recover fees that are disproportionate to the work performed. For example, an attorney who expected a contingency fee of one-third of a recovery cannot automatically claim that amount if they only worked a small number of hours before withdrawing.
Similarly, if a fee agreement caps compensation at a specific amount, the attorney generally cannot exceed that limit even if their time records suggest a higher value.
For those seeking more detailed guidance, The Florida Bar has published a Primer on Motions to Withdraw, and its Ethics Committee provides informational materials on attorney liens. These resources outline professional obligations but do not replace legal advice tailored to your situation.
Yes. If a former attorney withholds key case materials, it can delay your new attorney’s ability to proceed. Courts may intervene if the lien unfairly prejudices your case.
No. A charging lien must meet specific legal requirements and is subject to court approval. Improper or unsupported liens can often be challenged.
In some situations, yes. An attorney may assert a retaining lien over files and a charging lien against a future recovery, but both are subject to strict legal limits.
Attorney lien disputes can threaten your recovery, delay your case, and complicate settlement negotiations. An experienced lien defense attorney can evaluate whether a retaining or charging lien complies with Florida law and challenge unreasonable or improper claims.
If your former attorney has threatened or filed a lien, or is withholding critical case materials, Wagner, McLaughlin & Whittemore can help protect your interests. Contact our firm today for a consultation.
