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Attorney Lien Agreement

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ATTORNEY LIEN AGREEMENT

This Attorney Lien Agreement (Agreement) is made as of by and between Attorney: with principal address: and Client Name: with address: .

RECITALS

WHEREAS, Client has engaged Attorney to render legal services in connection with the matter described as:

WHEREAS, Attorney will advance fees and incur costs on behalf of Client and will perform legal services pursuant to the terms of a separate fee agreement reflected by the parties or as set forth herein; and

WHEREAS, the parties desire to set forth the terms on which Attorney shall have and may enforce a retaining and charging lien upon any claims, causes of action, and proceeds recovered on behalf of Client to secure payment of fees, costs, and expenses.

NOW THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF LIEN

Attorney is hereby granted a retaining and charging lien upon, and a security interest in, any and all causes of action, claims, demands, choses in action, judgments, settlements, verdicts, proceeds, and any monies recovered on behalf of Client (collectively, "Proceeds") arising from or related to the matter described above. The lien secures all sums owing to Attorney for legal fees, costs, advances, expenses and disbursements incurred in the representation of Client as described in this Agreement.

2. IDENTIFICATION OF MATTER

Court or administrative body: ; Case or file number: .

3. SCOPE OF REPRESENTATION AND FEE ARRANGEMENT

Attorney's representation shall include all legal services reasonably necessary to prosecute or defend the matter described above, including negotiation, settlement, trial, appeal and collection efforts. The parties acknowledge the fee arrangement as indicated below:

Contingency fee rate:

Hourly rates: Attorney per hour; Paralegal

Flat fee:

4. FEES, COSTS AND DISBURSEMENTS

Client agrees to pay Attorney for fees, costs, expenses and disbursements incurred in connection with the representation. Costs include but are not limited to filing fees, process service, expert and investigator fees, deposition costs, photocopying, postage, travel, and other out-of-pocket expenses. Attorney shall be entitled to payment from recovered Proceeds before distribution to Client.

5. PERFECTION, FILING AND PRIORITY

To secure the lien described herein, Attorney may at Attorney's election file or record notices, liens, or other instruments with the court or other appropriate governmental or recording authority. Client hereby authorizes such filings and grants Attorney the right to take any steps necessary to perfect, preserve or protect the lien and Attorney's security interest in Proceeds. Attorney's lien shall have priority to the extent permitted by applicable law.

6. ENFORCEMENT AND REMEDIES

If Client fails to pay amounts due or otherwise breaches this Agreement, Attorney may enforce the lien by withholding settlement funds, bringing an action to foreclose the lien, pursuing collection against Proceeds, or exercising any other remedy available at law or in equity. Client shall be responsible for reasonable attorneys' fees and costs incurred by Attorney in enforcing its lien.

7. CLIENT OBLIGATIONS AND SETTLEMENTS

Client shall not settle, release, compromise or otherwise dispose of the claim or any interest in Proceeds without Attorney's prior written consent. Client authorizes Attorney to receive Proceeds on Client's behalf and to apply such Proceeds first to amounts owing to Attorney pursuant to this Agreement.

Client authorizes Attorney to allocate recovered Proceeds among multiple claims or parties as Attorney reasonably determines necessary to satisfy Attorney's lien. Client hereby authorizes allocation as described above.

8. ACCOUNTING AND APPLICATION OF FUNDS

Upon receipt of any Proceeds, Attorney shall promptly provide Client with an itemized accounting showing gross recovery, fees, costs, disbursements, and the amount to be distributed to Client after satisfaction of Attorney's lien. Attorney shall apply recoveries first to costs and expenses, then to fees as provided in the fee agreement or this Agreement.

9. TERMINATION; SURVIVAL

Termination of the attorney-client relationship for any reason shall not impair Attorney's right to enforce the lien granted hereunder for fees and costs incurred prior to termination. The provisions of this Agreement that by their nature survive termination shall survive.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, nationally recognized overnight carrier, or certified mail, return receipt requested, or by electronic mail where receipt is confirmed by the recipient.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. CERTIFICATION

Each party represents and warrants that such party has full authority to enter into this Agreement, that the person signing this Agreement on behalf of each party is duly authorized to do so, and that the execution and performance of this Agreement does not violate any agreement to which such party is bound.

Attorney Printed Name:

By:

Date:

Client Printed Name:

By:

Date:

Enter text✕

What an Attorney Lien Agreement Is and when it applies

An Attorney Lien Agreement is a written contract that creates a security interest in a client's potential recovery or settlement in favor of the attorney or law firm. It documents the attorney's right to be paid from proceeds of a specific claim, typically for fees and costs advanced during representation. The lien can be express (contractual) or statutory depending on jurisdiction and usually identifies the client, case, scope of representation, and the lien amount or calculation method. State rules, court procedures, and creditor priorities can affect enforceability and practical recovery.

Why attorneys and clients use an Attorney Lien Agreement

An Attorney Lien Agreement clarifies payment expectations, secures attorney fees against recovery proceeds, and reduces post-settlement disputes. It documents scope, contingency calculations, and who will receive disbursements.

Why attorneys and clients use an Attorney Lien Agreement

Typical users and stakeholders for this agreement

Parties involved in creating and signing an Attorney Lien Agreement vary by role and purpose.

  • Plaintiff attorneys and law firms handling contingency or advanced-fee matters, ensuring payment from settlement proceeds.
  • Claims departments or insurers when a third-party payment or allocation is anticipated and rights must be acknowledged.
  • Clients or claimants who need clarity about fee allocation, liens, and distribution of settlement or judgment proceeds.

Clear roles and written consent from each signer reduce later disputes and streamline settlement accounting.

Who signs and enforces these agreements

Plaintiff Attorney

An attorney or law firm representing a client on contingency or with advanced costs. The attorney signs to establish a contractual lien describing fee percentages, cost reimbursement, and enforcement steps; enforcement may require motion or agreement with opposing counsel.

Client / Claimant

The client or claimant signs to acknowledge the attorney's fee arrangement and lien. Their signature confirms informed consent to fee calculations and release of proceeds to satisfy the lien after settlement or judgment.

Essential sections to include in a professional Attorney Lien Agreement

A well-drafted Attorney Lien Agreement is concise but comprehensive, identifying parties, describing the lien, and specifying calculation and enforcement procedures.

Parties

Identify the attorney/law firm and the client by full legal name and capacity, including firm contact information and bar number where applicable.

Case Reference

Include the case name, court, docket number, and any claim identifiers so the lien is traceable to a specific matter and recovery.

Lien Description

State that the lien secures attorney fees, costs, or advances and whether it attaches to settlement, judgment, or specific proceeds.

Fee Calculation

Specify contingency percentage or hourly fee method, allocation for costs, and any priority among multiple liens or liens against different proceeds.

Enforcement

Describe steps for enforcement (e.g., notice, motion in court, settlement escrow instruction) and any waiver or subordination terms.

Duration & Termination

State effective date, survival after fee resolution, and how revocation or replacement must be handled in writing.

Key data fields to capture on the form

Client Name: Full legal name
Attorney Name: Firm and lead attorney
Case Number: Court docket ID
Lien Amount: Fixed or formula
Effective Date: MM/DD/YYYY
Signature Block: Signer, date

How to complete an Attorney Lien Agreement — step by step

Follow these sequential steps to prepare a clear, enforceable lien agreement before settlement or final disposition.

  • 01
    Gather case details: Collect names, docket number, court, and opposing parties.
  • 02
    Draft lien terms: Specify fee method, costs, and the scope of secured proceeds.
  • 03
    Review with client: Explain calculations, consequences, and retention period.
  • 04
    Sign and retain: Execute signatures and store original with case file.

Configure an online workflow for completing and routing the agreement

Set up a repeatable digital workflow to collect signatures, evidence of consent, and to notify settlement parties and escrow holders.

Template Create a reusable template with fixed fields and conditional fee calculations.
Signer Roles Assign roles: attorney signer, client signer, escrow or claims recipient.
Authentication Require email + SMS or stronger multi-factor authentication for sensitive matters.
Document Retention Set retention policy and export copy to case management system.
Notifications Enable automated emails to escrow agents and opposing counsel on completion.

Typical routing and submission flow for an Attorney Lien Agreement

A typical submission sequence shows who signs, who receives copies, and where the signed agreement is stored.

  • Attorney prepares: Uploads and completes the template with case details.
  • Client signs: Client reviews and provides an electronic signature.
  • Escrow/Claims notified: Escrow receives copy and acknowledges lien instructions.
  • File retention: Final signed copy archived with case and billing records.

Digital signing considerations and platform capabilities

Choose a platform that supports secure eSignatures, robust authentication, and integration with case or escrow systems.

  • Signers and access: Role-based access and unlimited users
  • Integrations: Connect to CRM, NetSuite, Box, Google Workspace
  • Security: AES-256 at rest, TLS 1.2/1.3 in transit

Ensure the platform captures an audit trail (IP, timestamps), offers conditional fields for fee formulas, and supports required compliance such as HIPAA BAAs where applicable.

eSignature vendor comparison for completing Attorney Lien Agreements

Comparison of core pricing and compliance features to consider when selecting an eSignature provider for secure Attorney Lien Agreement execution.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Attorney Lien Agreements

Answers to common legal, procedural, and technical questions when preparing, signing, and enforcing an Attorney Lien Agreement.


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