I was discharged from a divorce case before it ended. Can I secure my unpaid fee by recording an attorney's lien in the land records for the marital home?

Plain-English summary

The inquiring attorney asked whether a lawyer handling a domestic relations case may secure an attorney's lien by recording the lien in the land records where the marital domicile is located. The issue arose where an attorney retained in a domestic relations matter was discharged by the client before final resolution, and the lien was to be asserted to secure payment of the unpaid reasonable value of the legal services rendered before dismissal.

The panel observed that sections 9-3-1 through 9-3-3 of the Rhode Island General Laws dictate the appropriate procedures for asserting an attorney's lien. It concluded that the proposed action, recording the lien in the land records, appears to fall outside the scope of the statutory procedures and, as such, would amount to improper conduct.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. It rests on the attorney's-lien statute, R.I. General Laws sections 9-3-1 through 9-3-3, as in effect in 1991. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007, and the cited statutes may since have been amended. Subsequent statutory or rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current statute and rules before relying on any specific guidance mentioned here.

Common questions

Q: Can I record an attorney's lien in the land records to secure my unpaid divorce-case fee?

A: Under this opinion, no. The panel concluded that doing so falls outside the statutory procedures for asserting an attorney's lien and would amount to improper conduct.

Q: What governs how an attorney's lien is asserted in Rhode Island?

A: Per the opinion, sections 9-3-1 through 9-3-3 of the Rhode Island General Laws dictate the appropriate procedures for asserting an attorney's lien.

Q: Does being discharged before the case ends change the answer?

A: The panel addressed the discharged-attorney scenario and still concluded that the land-records recording method falls outside the statute, regardless of the fee being for services rendered before dismissal.

Background and rules framework

The opinion does not apply a numbered Rule of Professional Conduct. It resolves the inquiry under the Rhode Island attorney's-lien statute, R.I. General Laws sections 9-3-1 through 9-3-3, which prescribe the procedures for asserting an attorney's lien. Because recording the lien in the land records of the marital domicile is not one of those statutory procedures, the panel concluded the proposed action would be improper.

Citations and references

Rules of Professional Conduct:

• None cited. The opinion rests on the attorney's-lien statute rather than a numbered Rule of Professional Conduct.

Statutes:

• R.I. General Laws sections 9-3-1 through 9-3-3 (procedures for asserting an attorney's lien).

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-35: A Departing Associate's Duties to Firm Clients
• RI EAP Op. 91-32: Paying Medical Providers From a Client's Settlement Funds

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-49.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
Opinion #91-49, Request #157
Issued August 16, 1991

An attorney seeks Panel advice as to whether a lawyer who is handling a domestic relations case may secure an attorney's lien by recording the lien in the land records where the marital domicile is located. The attorney states this issue arises under circumstances in which an attorney is retained to represent a client in connection with a domestic relations matter but is discharged by the client prior to final resolution of the matter. The lien is to be asserted to secure payment of the unpaid amount of the reasonable value of the legal services rendered by the attorney prior to dismissal.

Sections 9-3-1 through 9-3-3 of the Rhode Island General Laws dictate the appropriate procedures for asserting an attorney's lien. It appears to the Panel that the proposed action falls outside the scope of the statutory procedures and as such would amount to improper conduct.