albany attorney lien law

Albany Attorney Lien Law: A Comprehensive Guide for Readers

Introduction

Greetings, readers! Are you looking for a comprehensive understanding of Albany attorney lien law? You’ve come to the right place. In this extensive guide, we’ll delve into the intricacies of this important legal topic, empowering you with the knowledge you need to navigate the complexities of attorney liens in Albany. So, sit back, relax, and let’s get started.

Albany attorney lien law is a complex and multifaceted area of law. It governs the rights of attorneys to secure payment for their services by attaching a lien to the client’s recovery. Understanding the nuances of this law is crucial for both attorneys and clients alike.

The Basics of Attorney Liens

What is an Attorney Lien?

An attorney lien is a legal claim that gives an attorney a right to a certain portion of the client’s recovery in a case or settlement. This lien secures the attorney’s fees and expenses and ensures that they are paid before the client receives any funds.

Types of Attorney Liens

There are two main types of attorney liens:

• Charging lien: This lien attaches to any property or funds that the attorney obtains for the client.
• Retaining lien: This lien gives the attorney the right to retain possession of any documents or property belonging to the client until their fees are paid.

Enforcement of Attorney Liens

Judicial Enforcement

An attorney can enforce an attorney lien by filing a motion with the court. The court will then issue an order directing the party in possession of the funds to pay the attorney their fees.

Non-Judicial Enforcement

In some cases, an attorney may be able to enforce their lien without going to court. This may involve negotiating with the other party or taking steps to seize or sell the property subject to the lien.

Exceptions to Attorney Liens

There are certain exceptions to the general rule that an attorney has a right to an attorney lien. These exceptions include:

• When the attorney has been discharged by the client
• When the attorney has abandoned the case
• When the client has paid the attorney their fees in full
• When the attorney has engaged in unethical or illegal conduct

Albany Statutory Lien Law

New York State has specific statutory provisions that govern attorney liens. These provisions can be found in Article 13 of the New York Judiciary Law. The Albany County Bar Association also has its own rules and regulations regarding attorney liens.

Table of Attorney Lien Laws in Albany

Conclusion

Understanding Albany attorney lien law is essential for both attorneys and clients. By familiarizing yourself with the basics of attorney liens, their enforcement, and the exceptions to the general rule, you can ensure that your rights are protected.

For further information, we invite you to check out our other articles on attorney lien law. Stay informed, and remember, knowledge is power!

FAQ about Albany Attorney Lien Law

What is an attorney lien law?

An attorney lien law is a state law that gives lawyers the right to claim a lien on property recovered for their clients in a legal proceeding. This means that the lawyer can have the property sold to satisfy the debt owed to them for their services.

What is the purpose of an attorney lien law?

The purpose of an attorney lien law is to protect lawyers from not being paid for their services. It ensures that lawyers can recover the fees they are owed, even if their clients are unable to pay them.

How does an attorney lien work?

When a lawyer files a lien, they are giving notice to the world that they have a claim to the property in question. This prevents the client from selling or transferring the property without paying the lawyer what they are owed.

What types of property can be subject to an attorney lien?

Under New York Judiciary Law § 475, an attorney may file a lien against:

• Personal injury and wrongful death actions.
• Real property that is the subject of a foreclosure.
• Property recovered in a matrimonial action.
• Property recovered in an action for partition of real property.

How long does an attorney lien last?

In New York, an attorney lien generally lasts for one year from the date it is filed. However, the lien can be extended for an additional year if the lawyer files a motion with the court.

What happens if my client refuses to pay me?

If your client refuses to pay you, you can file a motion with the court to enforce your lien. The court will then hold a hearing to determine if you are entitled to payment. If the court rules in your favor, the court will order the property to be sold to satisfy your debt.

Can I get an attorney lien if I am not the client’s lawyer?

No, you cannot get an attorney lien if you are not the client’s lawyer. Only the lawyer who represented the client in the legal proceeding can file a lien.

What should I do if I am served with an attorney lien?

If you are served with an attorney lien, you should contact an attorney to discuss your rights. You may have defenses to the lien, and your attorney can help you assert them.

How can I avoid getting an attorney lien filed against me?

The best way to avoid getting an attorney lien filed against you is to pay your lawyer’s fees on time. If you cannot afford to pay your lawyer’s fees, you should talk to your lawyer about working out a payment plan.

What are the penalties for violating an attorney lien law?

Violating an attorney lien law can result in civil penalties, including fines and imprisonment.