Idaho Code
Idaho Code

Idaho Code § 3-205 (2026)

Attorneys’ fees — Lien. 

✓ current as of May 2026
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Attorneys’ fees — Lien. 

The measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client’s cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client’s favor and the proceeds thereof in whosoever hands they may come; and can not be affected by any settlement between the parties before or after judgment.

Notes of Decisions
Cited in 32 cases (5 in the last 5 years), 1937–2023 · leading case: Skelton v. Spencer, 625 P.2d 1072 (Idaho 1981).
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Skelton v. Spencer, 625 P.2d 1072 (Idaho 1981). · cites it 28× “Of course, where the attorney's efforts are sterile, there would be nothing against which the lien right could be asserted, but where he has produced a fund, he has an equitable interest therein recognized by the lien statute and relevant case law.”
Frazee v. Frazee, 660 P.2d 928 (Idaho 1983). · cites it 20× “§ 3-205, which provides in pertinent part: "From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision…”
Seiniger Law Offices, P.A. v. State Ex Rel. Indus. Comm'n, 299 P.3d 773 (Idaho 2013). · cites it 20× “Either the Idaho Legislature did not delegate the power to repeal I.C. § 3-205’s statutory protection of the very rights that Appellant also contends enjoy some constitutional protection (“The measure and mode of compensation of attorneys and counselors at law is left to the…”
In Re Harris, 258 B.R. 8 (Bankr. D. Idaho 2000). · cites it 10× “Following dismissal, on September 19, Counsel filed a document with the Court entitled “Claim of Lien” under authority of Idaho Code § 3-205 relating to the funds held by Trustee asserting a right to recover unpaid attorney’s fees of $917.”
Cole v. Kunzler, 768 P.2d 815 (Idaho Ct. App. 1989). · cites it 4× “Cole filed a petition in the estate proceeding, seeking an adjudication and enforcement of the right of Cole and Taylor to an attorney’s lien under I.C. § 3-205 2 , in the amount of $5,238.”
White v. St. Alphonsus Reg'l Med. Ctr., 31 P.3d 926 (Idaho Ct. App. 2001). · cites it 8× “The statute that authorizes an attorney’s charging lien is I.C. § 3-205, which provides: The measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, which is not restrained by law.”
Elsaesser v. Raeon (In Re Goldberg), 235 B.R. 476 (Bankr. D. Idaho 1999). · cites it 17× “Raeon, counsel for the Defendant herein, by this Order, has a lien, pursuant to Idaho Code 3-205, on all property whether personal or real in which DENNIS I.”
Sherwood & Roberts, Inc. v. Riplinger, 650 P.2d 677 (Idaho 1982). · cites it 4× “I.C. § 3-205. The order of the district court is affirmed.”
Krystal M. Kinghorn v. Kelly N. Clay & BRP, Inc., 283 P.3d 779 (Idaho 2012). · cites it 8× “2001), for the proposition that “[t]he plain language of [I.C. § 3-205] makes the commencement of an action or service of a counterclaim a prerequisite for the creation of an attorney’s charging lien.”
Jarman v. Hale, 731 P.2d 813 (Idaho Ct. App. 1986). · cites it 4× “Idaho Code § 3-205 provides: The measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, which is not restrained by law.”
Dragotoiu v. Dragotoiu, 991 P.2d 369 (Idaho Ct. App. 1998). · cites it 4× “Previously, however, on October 4, 1994, Nalder filed a motion for enforcement of an attorney’s lien, pursuant to I.C. § 3-205, seeking a judgment against Dragotoiu in the amount of $29,490.”
Ross v. Scannell, 647 P.2d 1004 (Wash. 1982). · cites it 2× “§ 25-301 (1962); Idaho Code § 3-205 (1979); Ill. Ann. Stat.”
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