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

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?

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Filed under: Lien
Attorney answers 1


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, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.