What is an attorney lien and how does it affect my case if I change lawyers?
An attorney lien (also called a charging lien) is a legal right that allows an attorney to claim payment for the work and expenses they invested in your case, secured against the eventual settlement or judgment. It most commonly becomes relevant when you discharge one attorney and hire another during your case. The original attorney does not lose their right to be compensated for the value of the work they performed before being replaced. Importantly, however, this generally does not increase your total fee burden: under most state rules, your former and current attorneys must divide the single contingency fee between themselves based on the relative value of the work each contributed — you do not pay two full contingency fees. The lien attaches to the proceeds of the case and is typically resolved at settlement, when your current attorney negotiates the split or, if the attorneys cannot agree, a court apportions the fee. Attorney liens also cover advanced case costs the original attorney paid (filing fees, expert costs, medical record charges). When switching attorneys, your new attorney will address the prior attorney's lien as part of the transition, so you are protected from paying more than your original contingency percentage.
For informational purposes only. Not legal advice. Consult a licensed attorney.