Lien Attorney

Lien Attorney

Lien refers to the legal right a person has on another’s property if an obligation is not discharged. As an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made. The right to an attorney’s lien may come from the common law or from specific state statutes.

Attorney’s lien refers to the right of a lawyer to hold a client’s property or money until payment has been made for legal aid and advice given. The property may include business files, official documents, and money awarded by a court. An attorney can exercise a charging lien or a retaining lien. Charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. Retaining lien is more general in scope and it allows an attorney to keep a client’s papers until the client has paid for the attorney’s services. However, attorney’s retaining lien is not recognized in some states.
In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed. Since an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made.

A charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action.
A retaining lien is more general in its scope. It extends to all of a client’s property that an attorney might come into possession of during the course of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property.

What Types of Liens Are Seen as Good and Which Are Bad for My Credit?
Creditors that allow purchases to be made through financing often require property to be pledged against a credit account. This property is known as collateral. Through the use of collateral, creditors establish a priority interest in the asset used to back the loan or line of credit. If you default on your repayment obligation, the creditor can place a lien on your property. Liens come in a number of forms under three broad categories: consensual, statutory, and judgment liens. But does having a lien affect your credit? The answer is it depends on which types of liens.

Types of Liens

Will a lien show up on a credit report? Ultimately this question comes down to understanding the main types of liens. In short, consensual liens do not adversely affect your credit as long as repayment terms are satisfied. Statutory and judgment liens have a negative impact on your credit score and report, and they impact your ability to obtain financing in the future. Consensual liens (that are repaid) do not adversely affect your credit, while statutory and judgment liens have a negative impact on your credit score and report.

Consensual Liens

Consensual liens are those you consent to voluntarily, such as taking out a loan or line of credit. Residential mortgages, vehicles, and business assets fall under the category of consensual liens. As long as you make payments on the financing in line with the credit agreement, you retain ownership and control over your property. Consensual liens are visible on your credit report, but they do not have a negative impact unless the collateral is taken back by the creditor due to nonpayment.

Statutory Liens

Mechanic’s liens and tax liens fall under the category of statutory liens. A mechanic’s lien is placed when a contractor or mechanic is not paid for work performed, and it represents a financial interest in the home, vehicle, or business on which the work took place. A tax lien is placed by the government when income, estate, or property taxes owed are not paid. Statutory liens can be detrimental to your credit as they stay listed for seven years.

Judgment Liens

As the most severe type of lien, judgments are the result of a court granting a financial interest in your property to a creditor. Judgment liens are common when personal or business property is used to satisfy damages incurred that are not wholly covered by insurance, such as a car accident or liability claim. Judgments remain on your credit report for up to seven years.

Mechanics’ Liens

A “mechanic’s” or “construction” lien protects the provider of services whose charges to the owner for repairs, improvements or maintenance have gone unpaid. These services have to be done to improve or maintain the value of the property. The contractor files the lien with the country recorder or clerk of court. Homeowners are responsible for charges by contractors as well as the subcontractors who, in theory, were to be paid by the contractor. Utah requires a 20-day notice to the owner before a contractor may file the lien.

Mortgage Lien

A lien on the property also exists when a mortgage loan is used to purchase the home. In exchange for use of the money needed to purchase the home, the lender has a legal claim on the property, as evidenced by the mortgage note that the borrower must sign at the sale closing. A mortgage lien, if unsatisfied by timely repayment of the loan, may result in a foreclosure by the lender and sale of the home at auction.

Tax Lien

A tax lien may be filed against the property by the Internal Revenue Service for unpaid federal taxes or by the Franchise Tax Board for unpaid property taxes. A Notice of Lien is filed with the county recorder and, in the case of commercial property, with the secretary of state. The lien “encumbers” the property, and will prevent the owner from refinancing, selling or transferring the property unless the lien is satisfied. The IRS and the county tax assessor can also place liens on property for unpaid income taxes and property taxes.

Release of Lien

Liens can be released by the owner meeting the obligation on which the lien is based. When the obligation is met, the lien holder files a release with the country recorder where the lien was originally filed. If that is not done, the owner must present proof of satisfaction to the recorder and apply for release of the lien. Recorded liens are the subject of a title search whenever a property is the subject of a sales transaction, and for most loan applications secured by the property.

Credit Significance

Liens against your property can be recorded by credit-monitoring agencies and affect your credit rating, which in turn may affect your ability to secure other kinds of loans, both secured and unsecured. It is in the best interest of the property owner to satisfy all liens as soon as possible, as the presence of a lien on a home seriously affects its market value to potential buyers. For the client who receives an unreasonably high bill that is the result of unethical lawyering, waste or incompetence, these concerns can be overcome with a sensible, managed approach. There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee.
Points for clients to consider:

The Retention Letter Or Agreement Cannot Be Used To Justify An Unreasonable Fee

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action. These provisions will be enforced, but only to the extent that the agreement is fairly negotiated, and the fee is reasonable under the circumstances. If either the agreement or the fee is later found by a court to be unfair, the court may either impose a smaller fee or disallow the fee in its entirety. Courts recognize that clients seldom have the experience or the inclination to negotiate every detail of their engagement agreement. Lawyers have form agreements that clients typically sign with little or no explanation, much less negotiation. In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in Utah (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.”

Any Promises Made By A Lawyer To A Client Will Be Enforced

While promises to a lawyer may be reviewed by a court, promises to a client will almost always be enforced. Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him. Of course, there is nothing wrong with paying the lawyer a bonus to reward work well-done, but this is the client’s call.

Diligence In Reviewing A Bill Can Save Money

Clients are best served by addressing a fee problem sooner rather than later. Good and honest lawyers will explain why your bill says what it says. They will admit mistakes if warranted, and suggest ways to minimize costs without jeopardizing results going forward. If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship. The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

Courts Have Invalidated Many Methods Of Attorney Billing In Recent Years
While a summary of the law surrounding legal fees is well beyond the scope of this article, a steady stream of state and federal court decisions in recent years have invalidated certain billing practices that are still relatively common. Some examples of billing practices often found to be improper:

• Overhead, administrative charges and clerical services. Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists. Nor should you be paying for heating, air conditioning or word processing;

• Time spent on billing and collections. For example, if you call your lawyer to discuss your bill, and you see that call reflected on your next bill;

• Bills that have not been itemized to reflect services rendered. If you are being billed by the hour, you have a right to a bill that shows what your lawyer was doing, and when he was doing it;

• Excessive time to complete a task. While this can be subjective, courts have not hesitated to use their legal expertise to declare work on a given matter to be excessive;

• Excessive staffing of a case or transaction. From a law firm’s perspective, the more people billing, the better. Courts may evaluate a matter and determine whether the staffing was reasonable or excessive;

• Not enough delegation. Where a senior partner is billing at sky-high rates but spending a lot of time on routine legal work, such as preparing filings or reviewing documents, a Court may find that the bill is allowable, but at a lower rate;

• Evidence of double-billing. This is where a lawyer bills two or more clients for the same effort;

• Unannounced hourly rate increases;

• Time spent on training new lawyers, or lawyers unfamiliar with a certain field of law; and

• Undisclosed mark-ups on “contract” or “temp” lawyers hired by the law firm.

A Lawyer Cannot Necessarily Quit Representing You Because Of A Fee Dispute
Lawyers will often threaten to withdraw from a case or transaction when a client misses a payment or two. The client than has two potentially unpleasant options either pay the lawyer what is possibly an unreasonable fee or spend even more money to hire another lawyer and get the second lawyer up to speed for the representation. A savvy client may consider a third option state a written objection to the reasonableness of the fee, pay some reasonable portion if warranted, and ask that the lawyer continue with the representation. Lawyers do not have an automatic right to stop representing a client in the event of a fee dispute. Of course, if you believe you have been overbilled, you may wish to fire your attorney, or the relationship may be soured on both ends to the extent that it does not make sense to continue. However, keeping your lawyer may be preferable to trying to find another one the lawyer will have fiduciary responsibilities, malpractice exposure, and a duty of zealous representation as long as he represents you.

A Lawyer Is Strictly Limited In What He Can Do To Collect His Fee

Like other businesses and professions, attorneys can take steps to collect accounts receivable. However, the lawyer’s unique role as fiduciary and legal advisor subjects him to more limitations on their conduct than other professionals. Utah ethics opinion prohibits lawyers from hiring a credit bureau to collect their accounts receivable. Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee. A lawyer is also prohibited from misleading the client into thinking that the lawyer’s claim for fees will prevail in fee dispute litigation. Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.

A Lawyer Has Many More Reasons Than A Client To Avoid Fee Dispute Litigation

This does not suggest that fee dispute litigation is fun for anybody. Both sides should seek to settle such disputes whenever possible. Clients should certainly avoid fee litigation where they do not believe they have a strong case, or the amounts in dispute are not worth the effort. Lawyers have a right to make a living. Clients also run a substantial risk of losing a fee dispute, and paying the entire fee plus whatever fees they incurred in the fee dispute litigation. For lawyers, however, the stakes are much higher. A lawyer’s professional judgment is at issue in every fee dispute case. Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract. Even if a malpractice claim is weak the lawyer must ordinarily disclose the claim to his partners and malpractice insurer. It is often more palatable for the lawyer and the firm to strike a deal which allows them to collect some of their fee rather than go through the uncertainties of a court or arbitration process. Nor should the client be overly concerned that the “system” will protect the lawyer. Given the legion of cases disallowing legal fees, it is hard to make the case that the system is biased against the client. Judges are former lawyers who often take a pay cut when they leave the business of law. To be sure, some judges will identify with the lawyers. Others will recall their greedy former colleagues and be inclined to favor the client. Most will simply preside over the case without prejudice to either side.

Even If You Have Already Paid Your Lawyer, You May Be Entitled to Get Your Money Back

Fee disputes occasionally arise after the client has either advanced money in anticipation of services to be rendered (often called a “retainer” or “advance”) or tendered full payment for legal services already rendered. In either case, the client is ordinarily entitled to receive his money back if the lawyer has charged an unreasonable fee. Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

Any Unethical Behavior May Be Grounds For Total or Partial Forfeiture Of Fees

A lawyer is ordinarily not permitted to profit from unethical conduct that harms his client. This provides another ground for potentially challenging legal fees, even where the lawyer’s fees are otherwise reasonable. If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.

As a client questioning the propriety of your bills, ask yourself the following questions:

• Did my lawyer lie to me at any point in the representation?

• Did my lawyer fail to explain how this matter would be billed?

• Did my lawyer reveal any confidential information to third parties without my consent?

• Was my lawyer conflicted in any way from providing me with appropriate representation?

• Did my lawyer disobey any of my lawful instructions (not including disagreements which were discussed and resolved)?

• Did my lawyer treat advance or retainer payments as his own funds, or otherwise misappropriate my property?

• Was my lawyer incompetent in his performance of legal services?
If you believe a “yes” answer is appropriate for any of these questions, and there is a lot of money involved, you should consult with another lawyer.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Protect Your Lien Rights With the Utah State Construction Registry

Lien Lawyer

A construction lien (or a mechanic’s lien) gives manufacturers, contractual workers, and providers legitimate plan of action to get paid for their work just as any materials or supplies bought for a task. This plan of action is as a privilege to meddle with your capacity to pass on clear title to your genuine property as well as to dispossess the construction lien to take title to that property. Thus, when considering procuring anybody to chip away at your property, it is critical to see how construction liens work and how to keep away from them.

Construction’s lien is a term initially connected with the car business. At the point when the proprietor of the car neglected to pay the bill for the fix benefits, the Construction was permitted to put a lien on the vehicle’s title by recording a case in the neighborhood justice’s office, and regularly permitted to hold ownership of the vehicle until the lien was satisfied (or “fulfilled”). This training was in the end followed in the construction business and today, a mechanics’ lien is a viable solution for temporary workers, subcontractors, and material providers associated with the construction or improvement of land to determine installment issues. On the off chance that an administration or material supplier records a mechanics’ lien against the land being improved, it winds up hard for the proprietor of the property to sell or renegotiate the property without first satisfying the obligation verified by the lien. The lien makes an enthusiasm for responsibility for property, implying that sooner or later the individual who put the lien (the “lienor”) may reserve a privilege to abandon that lien and take title to the property if the obligation isn’t fulfilled. Therefore, banks will be hesitant to loan and purchasers won’t be keen on purchasing since they may lose their rights in the property.

Albeit each of the 50 states have construction lien laws, laws contrast generally from state to state. A few varieties incorporate notice prerequisites that the individuals who might most likely case a Construction’s lien must give to the proprietor of the property, the measure of time wherein the lienor needs to put the lien, and the degrees of partition between the lienor and the proprietor of the house. The most ideal approach to maintain a strategic distance from construction liens is to remain over your construction Constructions and ensure everybody has been paid as they should be. On the off chance that you have a contractual worker who is neglecting to pay the sub-temporary workers or providers, you might be on the snare, so don’t be hesitant to demand getting confirmation of installment and having plan of action in your construction contract against the temporary worker should they neglect to pay these gatherings. In the event that anything is recorded against your property, pay attention to it, regardless of whether you don’t trust it is legitimate. The most exceedingly awful conceivable thing you can do is disregard the issue and expectation it will leave. Odds are, it won’t. On the off chance that you are confronting the likelihood of having a construction lien put against your property, contact a certified, experienced construction lawyer for guidance on how best to deal with the circumstance. Numerous construction lien laws contain unmistakable necessities for how the lien must be recorded and how notice must be given to the property owner.

Any stumble may discredit the lien, and a lawyer with involvement around there of the law might be better ready to distinguish those imperfections and guide you through the way toward abusing it. You may likewise have claims against different gatherings in charge of causing the conditions that prompted the lien, and your lawyer might probably help you with those cases, also. Likewise, lawyer expenses are frequently recoverable in such debates, which means you will either not need to pay or will have your lawyer charges and expenses repaid in the event that you are fruitful for your situation.

In case you’re a subcontractor, let the general realize you will send a notice on each activity, and finish. On the off chance that the general temporary worker recoils, clarify that you’re just doing what’s legitimately permitted to secure your business. Keeping up your lien rights, and finishing a lien when fundamental, shows that you’re an expert. You maintain your systematic a business and hope to be paid as needs be. It additionally makes an impression on everybody worried that your organization won’t make recreations when it comes time to be paid for the work finished. Presently, I have had a couple of situations where the temporary worker’s lawyer prompted against recording a lien or a notice of purpose to lien. The typical remark is, “How about we sit back and watch what they do.” I recommend that in the event that you hear that from your lawyer, it is the ideal opportunity for another lawyer. By and large, sending a notice of goal to lien or really documenting a lien will energize brief installment. A lawyer who proposes holding up is additionally keen on keeping the clock ticking with the expectation this will transform into a claim. Think about who wins that one? Securing your entitlement to lien gives you the legitimate remaining to follow chips who won’t pay on schedule or by any means. Set them up for the notice before you sign the agreement, send see inside the time period determined by your state, and you’ll see you get paid on schedule.

In 2005, the State of Utah presented a State Construction Registry (SCR) to all the more likely deal with the gatherings associated with construction ventures. From that point forward, Utah hosts required all gatherings chipping away at a construction task to record sees on the SGR so as to keep up their entitlement to lien. Regardless of whether you are a proprietor, a contractual worker, or a subcontractor, you will profit by utilizing the registry. How about we take a gander at two models that show why the SCR instrument is useful. Assume two gatherings go into an agreement, a proprietor and a temporary worker. The contractual worker can record a lien against the proprietor’s property on the off chance that he/she isn’t paid. The proprietor can just have the lien evacuated in the wake of paying for the work. For this situation, the lien is “perfect” and gives motivation to the proprietor to pay the contractual worker when the venture is finished. At the point when the venture includes more gatherings, the proprietor may be subject for a sum they effectively paid.
“SCR” represents State Construction Registry.

It is an online database for required notification for business, open and private construction ventures. Documenting sees with the SCR builds perceivability of all gatherings inside a legally binding chain. All gatherings profit by the SCR:
• Proprietors – the SCR gives data on all gatherings outfitting materials/work to their genuine property.
• Contractual workers/Banks/Title Companies/Architects – the SCR gives data on all gatherings that are outfitting materials/work to a venture.
• Subcontractors and Suppliers – the SCR gives data on all gatherings that are outfitting materials/work to a venture.

In the event that you are a business or person that gives construction administrations or materials to genuine property in Utah, you have to end up familiar with Utah’s State Construction Registry or “SCR.” The SCR is where data with respect to construction extends in the State of Utah is accumulated with an end goal to advise the proprietor regarding the property and other invested individuals of who is outfitting construction administrations or materials to their task. Intended to guarantee the proprietor knows about who is taking a shot at the venture and to help in the installment of all who give deal with an undertaking, the SCR speaks to an important source whether you’re a general temporary worker, subcontractor, or provider.

Under Utah’s new lien law, anybody outfitting construction materials or administrations to a private task must record a fundamental notice with the SCR. The starter notice must be recorded inside 20 days from the date the temporary worker, subcontractor, or provider begins outfitting construction administration to the task. This incorporates starting work on or outfitting materials to the task. On the off chance that the primer notice isn’t documented inside 20 days of beginning work, the temporary worker, subcontractor or provider won’t most likely keep up a lien on the task for any unpaid sums. Enrollment with the SCR is free. When enlisted you can scan for ventures and document fundamental takes note. On the off chance that you are curious about the SCR, you should take a couple of minutes and investigate the site and familiarize yourself with the elements of the site and the data expected to effectively document your starter takes note. Becoming acquainted with the SCR and building up a record with the SCR are the initial phases in securing your lien rights and helping you get paid for your work. A progressively confused model is as per the following. Assume a proprietor and a contractual worker go into an agreement. The contractual worker at that point signs an agreement with a subcontractor for a piece of the work, and afterward the subcontractor enters an agreement with a provider for provisions.

Assume, also, that the undertaking is finished and the proprietor pays the contractual worker. The contractual worker pays the subcontractor, however the subcontractor does not pay the provider. For this situation, the main help the provider has is to document a lien against the proprietor. The proprietor winds up paying more than the agreement cost, and the subcontractor is treacherously enhanced. The motivation behind the SCR is to build perceivability by all gatherings with respect to who is taking an interest in the undertaking, and if each gathering is paid toward the finish of the venture.

On the off chance that you are a proprietor, you need the capacity to see who is taking a shot at the undertaking. You will see primer notification documented by the individuals who need to keep up their entitlement to lien. You can make a record by visiting this connection and signing in with your account or making another one. You should pay a $5.00 expense to view notification recorded on your venture. When you have paid the expense, you will get robotized email messages at whatever point a notice is petitioned for your undertaking. You would then be able to use joint check understandings and direct pay understandings to enable your property to remain without lien. In the event that you are a unique contractual worker, you need to utilize the SCR to monitor all gatherings associated with the undertaking. This enables you to limit your risk and furthermore enables you to shape joint check understandings and use lien waivers. As the contractual worker, you are required to record a few notification all through the construction procedure. Neglecting to do as such may make potential issues.

At long last, in the event that you are a provider or subcontractor, you need to utilize the SCR to guarantee you are paid. By documenting a fundamental notice, you imply to the proprietor and temporary worker that you hope to be paid for the work you perform on the venture. The SCR device is as simple as examining a QR code from your cell phone and recording the notice. Having all gatherings record limits installment issues and gathering obligation. On the off chance that you have any inquiries, if you don’t mind get in touch with us today or stop by our office. We can enable you to comprehend the SCR apparatus and answer your inquiries regarding construction liens. Reach us today in the event that you have any inquiries in regards to the SCR or lien laws in Utah. For straightforwardness and rational soundness, that different states lead the pack from Utah. While not an ideal arrangement, the idea can streamline the warning procedure. Marginally more than two years back, Iowa’s Mechanics’ Notice and Lien Registry ended up compelling for the posting of fundamental notification on private ventures and for recording liens on both private and business ventures.

Lien Attorney Free Consultation

When you need legal help with a lien in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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