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Rule 2-652 – Enforcement of Attorneys Liens

May 13, 2021 | Civil Prodcedure, Maryland

(a) Retaining Lien. Except as otherwise provided by the Maryland Attorneys’ Rules of Professional Conduct, an attorney who has a common-law retaining lien for legal services rendered to a client may assert the lien by retaining the papers of the client in the possession of the attorney until the attorney’s claim is satisfied.

Cross reference: Maryland Attorneys’ Rules of Professional Conduct 19-301.8, 19-301.15, and 19-301.16.

(b) Statutory Lien. An attorney who has a lien under Code, Business Occupations and Professions Article, § 10-501, may assert the lien by serving a written notice by certified mail or personal delivery upon the client and upon each person against whom the lien is to be enforced. The notice shall claim the lien, state the attorney’s interest in the action, proceeding, settlement, judgment, or award, and inform the client or other person to hold any money payable or property passing to the client relating to the action, proceeding, settlement, judgment, or award.

Cross reference: Code, Business Occupations and Professions Article, § 10-501(d).

(c) Adjudication of Rights and Lien Disputes.

(1)When a Circuit Court Action Has Been Filed. If a lien asserted pursuant to this Rule relates to an action that has been filed in a circuit court of this State, on motion filed by the attorney, the attorney’s client in the action, or any person who has received a notice pursuant to section (b) of this Rule, the court shall adjudicate the rights of the parties in relation to the lien, including the attorney’s entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney’s claim.
(2)When No Circuit Court Action Has Been Filed. If a lien is asserted pursuant to this Rule and a related action has not been filed in a circuit court of this State, the attorney, the attorney’s client, or any person who has received a notice pursuant to section (b) of this Rule may file a complaint with a circuit court to adjudicate the rights of the parties in relation to the lien, including the attorney’s entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney’s claim.

Cross reference: For venue of a complaint filed pursuant to this section, see Code, Courts Article, §§ 6-201 –203.

Md. R. Civ. P. Cir. Ct. 2-652

This Rule is new.

Adopted Sept. 11, 1995, eff. Jan. 1, 1996. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Feb. 8, 2005, eff. July 1, 2005; May 8, 2007, eff. July 1, 2007; June 6, 2016, eff. July 1, 2016.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, in section (b), in the first sentence, substituted “each person for “any person and, in the second sentence, inserted “settlement, in two locations.

2005 Orders

The February 8, 2005, order, in section (a), substituted “Maryland Lawyers’ Rules of Professional Conduct for “Maryland Rules of Professional Conduct; and amended the cross reference following section (a).

2007 Orders

The May 8, 2007, order amended the cross reference following section (c).

2016 Orders

The June 6, 2016, order revised internal references in the Rule.