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LSDefine
Simple English definitions for legal terms
charging lien
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A quick definition of charging lien:
A charging lien is when a lawyer gets a part of the money that their client wins in a lawsuit because the client didn't pay for the lawyer's help. It's like the lawyer is saying, "I helped you win this money, so I deserve some of it." This is different from a retaining lien, which is when a lawyer keeps their client's property until they get paid.
A more thorough explanation:
A charging lien is a type of attorney's lien that gives the lawyer the right to claim a portion of any money paid to the client due to a judgment. This lien arises when the client fails to pay for legal services.
For example, if a lawyer represents a client in a personal injury case and the client wins a settlement, but fails to pay the lawyer's fees, the lawyer can place a charging lien on the settlement. This means that the lawyer can claim a portion of the settlement to cover their fees.
Another example is if a lawyer represents a client in a divorce case and the client receives spousal support payments, but fails to pay the lawyer's fees. The lawyer can place a charging lien on the spousal support payments, allowing them to claim a portion of the payments to cover their fees.
Overall, a charging lien is a way for lawyers to ensure that they are paid for their services, even if the client fails to pay. It gives the lawyer a legal right to claim a portion of any money paid to the client due to a judgment.