The solicitor objected to the orders made on a complaint by a client. The complaint had been investigated and satisfied, and the file closed. The interested party had it re-opened and pointed to losses. The adjudicator found the solicitor in breach in having exercised a lien over papers including passports to secure payment of the account. The solicitor argued that it was never unreasonable to exercise a lien for professional costs, and that the Law Society’s Guidance was incorrect.
Held: The solicitor’s first argument failed. There may well be occasions when it would not be reasonable for a solicitor to exercise a lien for his costs, and there was no reason why the defendant sould be thought not to have the power to order the release of documents over which a lien was asserted.
However, the Adjudicator had herself acted unreasonably in failing to say, even briefly, why the exercise of the lien was unreasonable in the particular case and to give forewarning that the client might suffer financial detriment. The adjudicator had failed to take the opportunity given to remedy these defects and the decision was quashed.
Saunders J
[2010] EWHC 981 (Admin)
Bailii
Solicitors Act 1974 37A
England and Wales
Legal Professions
Updated: 01 November 2021; Ref: scu.410567