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Simple English definitions for legal terms
Retaining lien
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A quick definition of Retaining lien:
A retaining lien is a type of lien that a lawyer can use to keep possession of any property belonging to their client that is in their lawful possession due to the lawyer-client relationship. This lien is created when the client fails to pay for legal services. It is different from a charging lien, which is another type of attorney's lien.
A more thorough explanation:
A retaining lien is a type of attorney's lien that allows a lawyer to keep possession of any property belonging to their client until the client pays for the legal services provided. This lien is created when a client fails to pay for the legal services provided by the lawyer.
John hires a lawyer to represent him in a lawsuit. The lawyer wins the case, but John fails to pay the lawyer's fees. The lawyer can then use a retaining lien to keep possession of any property belonging to John until he pays the fees owed.
Another example could be a lawyer who has possession of a client's important documents or evidence. If the client fails to pay for the legal services provided, the lawyer can use a retaining lien to keep possession of the documents or evidence until the fees are paid.
These examples illustrate how a retaining lien allows a lawyer to retain possession of a client's property until the client pays for the legal services provided.