Can an attorney hold up settlement money and not pay a lien?

Asked about 1 year ago - Santa Rosa Beach, FL

Our former attorney was holding 90k our settlement money in his trust account and paid one lien for 66k. There is a second lien by a bank on the remaining balance. We have sent e-mails and so has the attorney for the bank to pay the lien (24k) which would zero out our settlement money. This attorney is not responding to our e-mails and is going out of the law business to other business adventures. There are no other written agreements or liens on the money. Three weeks ago I received a strange e-mail from him in which he said he was going to send a check to the bank but also said we owe him money from representing us in the trial two years ago which is not true. Can he come up with a bill to get in front of a Judge to grab the money that is supposed to be paid to the lien holder?

Attorney answers (1)

  1. Erskine Clark Rogers III

    Contributor Level 12

    Answered . As a general principal of law an attorney's retaining lien for unpaid fees will not attach to money which came into the attorney's possession for a specific purpose, such as payment of a lien.

    The above is for informational and educational purposes only, does not establish an attorney client relationship,... more

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