‘In a solicitor/solicitor’s client relationship, where the solicitor has undertaken work pursuant to a retainer, but the client has not paid the fees due for the services rendered, there will (amongst other things) be a creditor/debtor relationship. The solicitor will be a creditor; the client will be the debtor. Typically, the solicitor/client will, when the solicitor/client relationship was being formed, not have individually negotiated for the client to grant the solicitor, a form of security, for payment of those fees. The law however, does provide to the solicitor on a non-transactional retainer, where not excluded by terms in the retainer/other security which would be inconsistent/incompatible with its existence, various forms of security – to secure payment of his fees by the client. These take the form of 2 types of liens (discussed below) – (a) the common law General Lien; and (b) the solicitors’ Equitable Lien. This article will focus on the solicitors’ Equitable Lien (the more interesting of the two liens) – that is, a lien on the fruits of litigation to secure unpaid solicitors’ costs.’
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33 Bedford Row, 9th April 2025
Source: 33bedfordrow.co.uk