Legal Question in Personal Injury in Florida

If it is determined that you have to fire your attorney, can your attorney legally threaten or impose a charge lien on your case even though he hasn't even filed suit yet? Thanks you.


Asked on 10/01/15, 12:36 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

yes the attorney can have a charging lien on your file even though suit has not been filed. technically you are always entitled to your personal records returned. he can maintain his legal file unless some arrangement has been made. if he retains a lien against a contingency fee, the circumstances and analysis may be different as an attorney only has a lien against proceeds ultimately awarded or agreed upon in a settlement. seek assistance from another attorney

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Answered on 10/01/15, 1:02 pm
David Slater David P. Slater, Esq.

Yes, for the work he has done to date. Your new attorney will deal with it.

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Answered on 10/01/15, 2:37 pm


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