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Understanding Attorney's Liens in Georgia

In Georgia, attorneys' liens are governed by OCGA §15-19-14. This statute provides that attorneys have a lien on:

• All papers and money of their clients in their possession;
• All claims and actions to recover money or other personal property;
• All judgments and decrees for money or other personal property.

The lien attaches to the property recovered, by judgment or decree, from the time of the filing of the action.

Why You Need an Attorney's Lien

Filing an attorney's lien is crucial for several reasons:

• It protects your right to compensation for your services
• It puts other parties on notice of your claim to the settlement or judgment
• It can prevent your client from settling the case without ensuring your fee is paid
• It can give you priority over other creditors who may be seeking payment from your client

For a more comprehensive overview of attorney's liens across the United States, check out this article from the Journal of the Legal Profession.

When and How to File an Attorney's Lien in Georgia

Attorney liens can be submitted or filed in personal injury cases at two distinct stages:

1. The Pre-Litigation Phase

In this phase, an attorney can draft and send an attorney’s lien to the insurance adjuster and client. However, it's important to note that because there is no civil action or lawsuit, there's no real enforcement mechanism. This means that many pre-litigation attorney liens are effectively unenforceable.

None of the “enforcement mechanisms” is desirable. You could file suit against the client to collect your fee based on your contract. You could also file suit against the client’s new attorney for tortious interference with business relations. Even if the new attorney wants to work something out, both parties have to agree to use the State Bar of Georgia's Fee Arbitration Program. This program uses the "quantum meruit" standard, which determines the reasonable value for services performed.

Ultimately, a pre-litigation attorney's lien is effectively worth as much as the paper it is printed on.

2. The Litigation Phase

Filing an attorney's lien during the litigation phase is much more straightforward and effective. Here's the process:

Draft the lien;

• Sign and notarize the lien;
• E-file the lien in the civil action;
• File the lien with the county records clerk – in the Georgia county where the client resides; and 
• Mail copies of the lien to all parties, insurance companies, and attorneys. 

It is crucial to understand that, according to Georgia law, an attorney's lien takes precedence over all other liens. This means that if you're terminated from a case, you're entitled to be paid out of any settlement before any other creditor, including new attorneys or medical lien holders.

How to File an Attorney's Lien in Georgia

Don't let your hard work go unrewarded. Our attorney's lien template is designed specifically for Georgia personal injury lawyers. It's easy to use, fully compliant with Georgia law, and completely free:

• Download our free attorney's lien template;
• Edit the template to match your situation;
• E-File the lien with the court holding jurisdiction of the civil action;
• Hand-file the lien with the records clerk for the county where the client lives;
• Serve the lien on all parties, insurance companies, and attorneys; 
• Sit back and wait for your check to arrive in the mail.

Preview:

IN THE STATE COURT OF HALL COUNTY

STATE OF GEORGIA

JOHN BROWN,

                 PLAINTIFF

v.

ROBERT SMITH,

                 DEFENDANT

ATTORNEY’S LIEN

TO THE STATE/SUPERIOR COURT AND CLERK OF COURT OF SAID COUNTY: 

Notice is hereby given to all persons, firms and corporation, including first and third parties:

             1. John Brown

                         a. 2847 Peachtree Brook Lane, Roswell, GA 30075; [email protected]

             2. State Farm Mutual Automobile Insurance Company

                         a. c/o Corporation Service Company, 2 Sun Court, Ste 400, Norcross, GA 30092

                         b. Claim Number 1129N825B

             3. Waldon Adelman Castilla McNamara and Prout

                         a. 900 Circle 75 Parkway, Suite 1040, Atlanta, GA 30339

                         b. Attorney Russell Waldon: [email protected]

That Georgia Trial Attorneys at Kirchen & Grant, LLC (6825 Jimmy Carter Boulevard, Suite 1400, Norcross, Georgia 30071) has rendered services to a client, John Brown, who resides at 2847 Peachtree Brook Lane, Roswell, GA 30075, and who was involved in a motor vehicle collision on or about June 5, 2021, and thereafter entered into a contingency fee agreement with the above-listed firm on June 7, 2021.

The last offer obtained by Plaintiff’s counsel, from State Farm Mutual Automobile Insurance Company for the above-referenced Plaintiff was $25,000.00. Therefore, Georgia Trial Attorneys at Kirchen & Grant, LLC hereby notifies all of its claim and lien for attorney’s fees pursuant to the written contract for legal services rendered in the amount of $10,000.00 and expenses in the amount of $813.40, for a total lien of $10,813.40, plus interest at the legal rate.  Georgia Trial Attorneys at Kirchen & Grant, LLC, now claims a lien on all sums and amounts, whether in property or money, paid to the above named client or their legal representative by any person, firm or corporation, including those specifically named above, if any, as a settlement, as a release, as a judgment or as consideration for a covenant not to sue when said sum or amounts represents damages or compensation for the patient’s injuries which resulted from the above-referenced motor vehicle collision, for which Georgia Trial Attorneys at Kirchen & Grant, LLC, has rendered its services to such client.  Said lien is claimed pursuant to O.C.G.A. §§44-14-320 (a)(11) and 15-19-14.

The above-named person, firms or corporations, if any, are claimed by the client or their legal representative to be liable for said attorney’s fees and expenses pursuant to the written contract for legal services, and such persons, firms or corporations are listed to the best of claimant’s knowledge. 

This lien is for the amount incurred by the client pursuant to the written contract for legal services, and said amount being claim is fair and reasonable for the services rendered. 

GEORGIA, HALL COUNTY

The undersigned, who on oath, deposes and says that she is authorized to make this affidavit on behalf of Georgia Trial Attorneys at Kirchen & Grant, LLC and the statements contained in the above and foregoing are true to the best of her knowledge and belief. 

ATTORNEY’S LIEN  

Georgia, Hall County 

TO THE SUPERIOR COURT AND CLERK OF SUPERIOR COURT OF SAID COUNTY  

Notice is hereby given to all persons, firms and corporation, including first and third parties: 

                 Name                                                            Address                                                                                                      Claim No.                  

#1             John Brown                                               2847 Peachtree Brook Lane, Roswell, GA 30075 

#2            State Farm Mutual Auto. Ins. Co.         c/o Corp. Serv. Co., 2 Sun Court, Ste 400, Norcross, GA 30092      1129N825B

#3            Waldon Adelman Castilla…                    900 Circle 75 Parkway, Suite 1040, Atlanta, GA 30339

that Georgia Trial Attorneys at Kirchen & Grant, LLC (6825 Jimmy Carter Boulevard, Suite 1400, Norcross, Georgia 30071) has  rendered services to a client, John Brown, who resides at 2847 Peachtree Brook Lane, Roswell, GA 30075, and who was involved in a motor vehicle collision on or about June 5, 2021, and thereafter entered into a contingency fee agreement with the above-listed firm on June 7, 2021.

The last offer obtained by Plaintiff’s counsel from State Farm Mutual Automobile Insurance Company for the above-referenced Plaintiff was $25,000.00. Therefore, Georgia Trial Attorneys at Kirchen & Grant, LLC hereby notifies all of its claim and lien for attorney’s fees pursuant to the written contract for legal services rendered in the amount of $10,000.00 and expenses in the amount of $813.40, for a total lien of $10,813.40, plus interest at the legal rate.  Georgia Trial Attorneys at Kirchen & Grant, LLC, now claims a lien on all sums and amounts, whether in property or money, paid to the above named client or their legal representative by any person, firm or corporation, including those specifically named above, if any, as a settlement, as a release, as a judgment or as consideration for a covenant not to sue when said sum or amounts represents damages or compensation for the patient’s injuries which resulted from the above-referenced motor vehicle collision, for which Georgia Trial Attorneys at Kirchen & Grant, LLC, has rendered its services to such client.  Said lien is claimed pursuant to O.C.G.A. §§44-14-320 (a)(11) and 15-19-14.

The above-named person, firms or corporations, if any, are claimed by the client or their legal representative to be liable for said attorney’s fees and expenses pursuant to the written contract for legal services, and such persons, firms or corporations are listed to the best of… 

Looking For More Resources Like Our Attorney's Lien Template?

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Handling cases where a client’s representation is terminated presents unique challenges. From drafting effective liens to navigating the complexities of fee recovery, we're here to support you through these intricate situations.

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