Essay On Lien

710 Words3 Pages
INTRODUCTION If we take the aspect of law, a lien is a form of security interest which has been permitted over an item of property to protect the payment of a debt or performance of some other obligation. The person who owns the properly and grants the lien is known as the lienor whereas the person who has the benefit of the lien is referred to as the lienee. Section 171 of the Indian Contract Act, 1872 deals with the law of lien. An advocate’s lien is thus the right of a lawyer as well as a remedy for a lawyer to hold a client's property or money until payment has been made for legal aid, advice and representation given. However the availability of this remedy does not exist for an advocate in India. The term ‘lien’ has been defined as a claim, encumbrance, or charge on property as security for the payment of some debt, obligation, or duty. There are two types of liens: 1. Consensual, which are imposed by a contract between the creditor and the debtor namely Mortgage and chattel mortgage. 2. Non- Consensual which are typically arisen by statute or by the operation of the common law namely tax liens, attorney liens, judgement liens,…show more content…
The property can include important documents as well as money awarded by a court. An attorney's lien right may come from the common law or from specific state statutes. An attorney can apply a charging lien or a retaining lien. Charging lien is the right of an attorney to a part of the judgment that was won for the client through providing them with 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 unlike the former and it also permits an attorney to keep a client's papers until the client has paid for the services. However, attorney's retaining lien is not recognized in some
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