Ethics Question of the Week: Can I use a lien to secure my fees?

Q. I know I can’t take a proprietary interest in the subject matter of litigation but does that prevent me from using a lien to secure my fees?

A. IRPC 1.8(i)(1) states that a lawyer “shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: acquire a lien authorized by law to secure the lawyer’s fee or expenses.”  Comment [16] to that rule reminds a lawyer to check which liens are authorized by law in their jurisdiction. 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]