Attorney’s Lien in Colorado Springs Divorce

Are you involved in a Colorado divorce or child custody proceeding? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

There are times where attorneys must engage in collection efforts to secure their fees. One method of collection is an attorney’s lien. There are two types: charging liens and retaining (possessory) liens. Donaldson, Hoffman & Goldstein v. Gaudio, 260 F.2d 333 (D. Colo. 1958). The charging lien is the most commonly utilized. A charging lien attaches to the value of the attorney’s work from the beginning of representation. In re Marriage of Berkland, 762 P.2d 779, 782 (Colo. App. 1988). The lien can then be satisfied from the settlement or court-ordered awards of funds or property. Miller v. Houston, 146 P. 786 (Colo. App. 1915). An attorney’s charging lien on a judgment is powerful as it is treated as a “first lien” which is given priority over even previously perfected security interests. North Valley Bank v. McGloin, Davenport, Severson & Snow, P.C., 251 P.3d 1250 (Colo. App. 2010). A court must notify an attorney of any orders related to the lien rights of the attorney.

The provisions of charging liens are set forth in C.R.S. 12-5-119 which provides that:

All attorneys and counselors-at-law shall have a lien on any money, property, choses in action, or claims and demands in their hands, on any judgment they may have obtained or assisted in obtaining, in whole or in part, and on any and all claims and demands in suit for any fees or balance of fees due or to become due from any client. In the case of demands in suit and in the case of judgments obtained in whole or in part by any attorney, such attorney may file, with the clerk of the court wherein such cause is pending, notice of his claim as lienor, setting forth specifically the agreement of compensation between such attorney and his client, which notice, duly entered of record, shall be notice to all persons and to all parties, including the judgment creditor, to all persons in the case against whom a demand exists, and to all persons claiming by, through, or under any person having a demand in suit or having obtained a judgment that the attorney whose appearance is thus entered has a first lien on such demand in suit or on such judgment for the amount of his fees. Such notice of lien shall not be presented in any manner to the jury in the case in which the same is filed. Such lien may be enforced by the proper civil action.

There are three types of charging liens:

• All attorneys shall have a lien on any money, property, choses in action, or claims and demands in their hands, for any fees, due or to become due from any client.
• All attorneys shall have a lien on any judgment they may have obtained, or assisted in obtaining, in whole or in part for any fees or balance of fees, due or to become due from any client.
• All attorneys shall have a lien on any and all claims and demand in suit for any fees or balance of fees, due or to become due from any client. R.S. 13-93-114.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.