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Attorney's Lien: Rayos Vs Hernandez. G.R. No. 169079, February 12, 2007

An attorney has two types of liens: 1) A retaining lien allows an attorney to keep documents and funds of a client in their possession until legal fees are paid. However, an attorney cannot unilaterally take a client's money without their consent. 2) A charging lien gives an attorney the right to be paid from judgment awards or executions that they helped secure for a client, as long as the attorney files notice of their lien claim with the court and notifies the client and opposing party. Even if an attorney does not complete the entire case successfully, they can still register a lien.

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67 views1 page

Attorney's Lien: Rayos Vs Hernandez. G.R. No. 169079, February 12, 2007

An attorney has two types of liens: 1) A retaining lien allows an attorney to keep documents and funds of a client in their possession until legal fees are paid. However, an attorney cannot unilaterally take a client's money without their consent. 2) A charging lien gives an attorney the right to be paid from judgment awards or executions that they helped secure for a client, as long as the attorney files notice of their lien claim with the court and notifies the client and opposing party. Even if an attorney does not complete the entire case successfully, they can still register a lien.

Uploaded by

CleinJonTiu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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7.

Attorney’s Lien
An attorney's lien is of two kinds: one is called general, retaining or possessory lien and the
other is special, particular, or charging lien.
Retaining lien is the right of an attorney to retain funds, documents and papers of his client who
have lawfully come into his possession and may retain the same until his lawful fees and
disbursements have been paid and may apply such funds to the satisfaction thereof, as
provided in section 27, Rule 138 of the Rules of Court. However, a lawyer is not entitled to
unilaterally appropriate his client’s money for himself by the mere fact alone that the client owes
him attorney’s fees. (Rayos vs Hernandez. G.R. No. 169079, February 12, 2007)
A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of
money, and executions issued in pursuance of such judgments, which he has secured in a
litigation of his client, from and after the time when he shall have the caused a statement of his
claim of such lien to be entered upon the records of the court rendering such judgment, or
issuing such execution, and shall have the caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the same right and power over such
judgments and executions as his client would have to enforce his lien and secure the payment
of his just fees and disbursements. In Palanca vs Pecson, it was stated that the provision
permits the registration of an attorney's lien, although the lawyer concerned does not finish the
case successfully in favor of his client, because an attorney who quits or is dismissed before the
conclusion of his assigned task is as much entitled to the protection of the rule. Otherwise, a
client may easily frustrate its purpose.

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