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

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

    Uploaded by

    CleinJonTiu
    27 views1 page
    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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    Attorney's lien

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

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

    Uploaded by

    CleinJonTiu
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    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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