An attorney has a lien for a general balance of compensation upon:
1. Any papers belonging to a client which have come into the attorney’s hands in the
course of professional employment.
2. Money in the attorney’s hands belonging to a client.
3. Money due a client in the hands of the adverse party, or attorney of such party, in an
action or proceeding in which the attorney claiming the lien was employed, from the time of
giving notice in writing to such adverse party, or attorney of such party, if the money is in the
possession or under the control of such attorney, which notice shall state the amount claimed,
and, in general terms, for what services.
4. After judgment in any court of record, such notice may be given, and the lien made
effective against the judgment debtor, by entering the same in the judgment or combination
docket, opposite the entry of the judgment.
[C51, §1618; R60, §2708; C73, §215; C97, §321; C24, 27, 31, 35, 39, §10924; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, §610.18]
83 Acts, ch 186, §10202(2)
CS83, §602.10116
Attorney as surety; §621.7, 636.5
\n
Notes of Decisions
Iowa Supreme Court Attorney Disciplinary Bd. v. Seth Eugene Baldwin, 857 N.W.2d 195 (Iowa 2014).
· cites it 6× “Baldwin argues that he had a valid retaining lien against the files and records pursuant to Iowa Code section 602.10116. 8 According to Baldwin, he was justified in refusing to relinquish the files and records because Candace owed him fees for services rendered in his…”
Tri City Equip. Co. v. Modern Real Est. Investments, Ltd., 460 N.W.2d 464 (Iowa 1990).
· cites it 8× “The attorney claims priority in the funds through his attorney’s lien under Iowa Code section 602.10116 (1987). The client’s judgment creditor, on the other hand, claimed priority through its judgment and succeeding levy.”
In Re Iowa Coal Min. Co., Inc., 242 B.R. 661 (Bankr. S.D. Iowa 1999).
· cites it 4× “Notice was given that these attorneys claimed a hen on any judgment and any and all sums of money due Iowa Coal and Star Coal from Monroe County in Iowa Coal I.”
In Re Miglia, 345 B.R. 919 (Bankr. D. Iowa 2006).
· cites it 4× “Iowa Code § 602.10116 (3). This type of lien, providing an equitable right for an attorney to have fees for services related to a particular lawsuit to be “secured by the judgment or recovery in such suit,” is a charging lien.”
Thomas A. Foster & Assocs., Ltd. v. Paulson, 699 N.W.2d 1 (Minn. Ct. App. 2005).
“We note that in those jurisdictions that permit legal malpractice to be raised as a defense to establishment of an attorney lien, the governing statutes do not expressly provide for a summary proceeding.”
— Iowa Code § 602.10116(1) — 1 case
— Iowa Code § 602.10116(2) — 5 cases
— Iowa Code § 602.10116(3) — 4 cases
In Re Iowa Coal Min. Co., Inc., 242 B.R. 661 (Bankr. S.D. Iowa 1999).
“Notice was given that these attorneys claimed a hen on any judgment and any and all sums of money due Iowa Coal and Star Coal from Monroe County in Iowa Coal I.”
— Iowa Code § 602.10116(4) — 2 cases
In Re Iowa Coal Min. Co., Inc., 242 B.R. 661 (Bankr. S.D. Iowa 1999).
“Notice was given that these attorneys claimed a hen on any judgment and any and all sums of money due Iowa Coal and Star Coal from Monroe County in Iowa Coal I.”
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