Revised Code of Washington
Wash. Rev. Code § 60.40.030 (2026)
Procedure when lien is claimed
✓ current as of May 2026
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If, however, the attorney claim a lien, upon the money or papers, under the provisions of *this chapter, the court or judge may: (1) Impose as a condition of making the order, that the client give security in a form and amount to be directed, to satisfy the lien, when determined in an action; (2) summarily to inquire into the facts on which the claim of a lien is founded, and determine the same; or (3) to refer it, and upon the report, determine the same as in other cases.
[Code 1881 s 3288; 1863 p 406 s 14; RRS s 138.]
Notes:
*Reviser's note: "this chapter" appeared in section 3288, chapter 250 of the Code of 1881, the lien sections of which are codified as chapter 60.40 RCW.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1976–2026 · leading case: King Cnty. v. Seawest Inv. Assocs., LLC, 141 Wash. App. 304 (Wash. Ct. App. 2007).
King Cnty. v. Seawest Inv. Assocs., LLC, 141 Wash. App. 304 (Wash. Ct. App. 2007). “3 We hold that RCW 60.40.030, on which Seawest bases its argument, is not applicable under the circumstances of this case.”
King Cnty. v. Seawest Inv. Assocs., LLC, 170 P.3d 53 (Wash. Ct. App. 2007). “[3] We hold that RCW 60.40.030, on which Seawest bases its argument, is not applicable under the circumstances of this case.”
Krein v. Nordstrom, 908 P.2d 889 (Wash. Ct. App. 1995). “Thus, due process for the client requires an expeditious procedure, such as that found in RCW 60.40.030. Levinson’s challenge to the summary proceeding and the error claimed due to the lack of a full adversarial hearing, based on a reference to an Oregon scheme, is without merit.”
In re the Marriage of Glick, 230 P.3d 167 (Wash. Ct. App. 2009). “The motion requested “a summary adjudication of the lien as provided by RCW 60.40.030” and entry of a judgment “in foreclosure of the lien for attorney’s fees” against Glick for $6,663, which included the amount for services rendered and the costs of collection.”
Crane Co. v. Paul, 548 P.2d 337 (Wash. Ct. App. 1976). “The mandate of (CPR) DR 9-102 is that an attorney promptly pay or deliver to his client funds “which the client is entitled to receive.”
In Re The Est. Of Heidemarie Staab (Wash. Ct. App. 2024). “RCW 60.40.030, entitled “Procedure when lien is claimed,” states: If, however, the attorney claim a lien, upon the money or papers, under the provisions of this chapter, the court or judge may: (1) Impose as a condition of making the order, that the client give security in a…”
In Re The Marriage Of: Natalya Shulikov v. Alex Shulikov (Wash. Ct. App. 2017). “But,RCW 60.40.030 creates summary adjudication procedures for liens that are asserted against the client’s money or papers ld_.”
Glick v. McIlwain, 230 P.3d 167 (Wash. Ct. App. 2010). “The motion requested "a summary adjudication of the lien *168 as provided by RCW 60.40.030" and entry of a judgment "in foreclosure of the lien for attorney's fees" against Glick for $6,663.”
Ruby Sangha, V. Edward Brazier (Wash. Ct. App. 2021). “81782-5-I/5 move to foreclose the lien under RCW 60.40.030 in the same forum. The only question is the legal significance of these undisputed facts under the contract.”
Lewis (E.D. Wash. 2025). “On October 31, 2023, she filed a 2 petition in Washington State Superior Court for Spokane County to resolve 3 Defendant’s fees through an RCW 60.40.030 summary proceeding. Defendant 4 responded with counterclaims.”
Brice Frillici, V Gordon Fasbender (Wash. Ct. App. 2026). “RCW 60.40.030, entitled “Procedure when lien is claimed,” authorizes courts to “summarily .”
In Re The Marriage Of: Joseph Thomas Rohde, Resp./cr-app. v. Shudan Zhu Rohde, App./cr-resp. (Wash. Ct. App. 2014). “RCW 60.40.030 provides: Procedure when lien is claimed.”
— Wash. Rev. Code § 60.40.030(2) — 1 case
In Re The Est. Of Heidemarie Staab (Wash. Ct. App. 2024). “RCW 60.40.030, entitled “Procedure when lien is claimed,” states: If, however, the attorney claim a lien, upon the money or papers, under the provisions of this chapter, the court or judge may: (1) Impose as a condition of making the order, that the client give security in a…”
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