Can an Attorney Place a Lien on Your Case After You Fire Them?

Choosing the right attorney is one of the most important decisions you’ll make when pursuing a legal claim. But what happens when the relationship isn’t working out? You have the right to change counsel at any time — but that doesn’t mean your former lawyer disappears from the picture entirely.

If you’ve fired your attorney or are considering doing so, you may be wondering: Can they still claim money from my case? The short answer is yes. Under Tennessee law, an attorney who performed work on your behalf may be entitled to compensation through what’s called a “charging lien.” This lien gives them a legal claim to a portion of your settlement or judgment, even after you’ve parted ways.

Understanding how this process works — and what rights you have — can help you make informed decisions as you move forward with your case.

Understanding the Attorney’s Charging Lien in Tennessee

A charging lien is a legal tool that allows an attorney to recover fees for work they’ve completed before being terminated. It’s not a punishment or penalty. Instead, it reflects the principle that lawyers should be fairly compensated for the time and effort they’ve invested in your case.

Here’s how it typically works: After you fire your attorney, they can file a formal notice of lien with the court and notify both you and your new attorney. This lien attaches to any future settlement or judgment you receive in that case. When your case resolves, the funds are distributed in a way that accounts for the old attorney’s claim.

In Tennessee, charging liens are recognized across most types of civil cases, including personal injury claims. The lien doesn’t give your former lawyer control over your case, but it does establish their right to be paid from the proceeds once the matter concludes.

Quantum Meruit: How Your Former Lawyer’s Fees Are Calculated

When an attorney is fired before a case is completed, they typically cannot collect the full contingency fee they would have earned had they stayed on through trial or settlement. Instead, their compensation is based on a legal concept called quantum meruit, which means “as much as deserved.”

Under quantum meruit, your former attorney is entitled to the reasonable value of the services they provided. This is usually determined by:

• The number of hours worked on your case
• The complexity of the legal issues involved
• The stage at which the case was terminated
• Any expenses advanced on your behalf (like court filing fees or expert witness costs)

For example, if your original lawyer worked on your case for six months and helped gather evidence, file motions, and negotiate with insurance companies, they may be entitled to compensation for that work — even if they didn’t see the case through to settlement.

In contingency fee cases, the old and new attorneys often negotiate how to split the final fee. Courts prefer that lawyers resolve these disputes between themselves, but if an agreement can’t be reached, a judge may step in to determine what’s fair.

Dealing with Case Files and the Transition to a New Attorney

One common concern when firing your attorney is whether they’ll hand over your file. The good news: in Tennessee, your lawyer generally cannot withhold your file just because they haven’t been paid yet. Your case file belongs to you, and you’re entitled to access it — especially if you need it to continue your legal matter with new representation.

That said, your former attorney may retain copies of documents for their own records and to support their lien claim. They’re also allowed to keep any materials they created for internal use, such as strategy notes or work product.

When transitioning to a new attorney, it’s important to request your file promptly and in writing. Your new lawyer can also assist with this process and ensure that all necessary documents are transferred smoothly.

Firing for Cause vs. Without Cause: Impact on Lien Validity

Not all terminations are treated equally under the law. The reason you fired your attorney can affect whether their lien is valid and how much they’re entitled to recover.

• Firing Without Cause: If you terminate your lawyer simply because you’re unhappy with their communication style, you’ve lost confidence, or you want to try a different firm, this is considered firing “without cause.” In these situations, the attorney’s charging lien is generally enforceable, and they can seek compensation for the work they performed.
• Firing for Cause: If you terminate your lawyer due to misconduct, negligence, or a serious breach of ethics — such as missing court deadlines, mishandling funds, or failing to communicate about your case — this is considered firing “for cause.” Courts may reduce or completely invalidate a lien if the attorney’s own actions led to the termination. You may still owe them for work done, but proving cause can limit their claim significantly. The attorneys at Bill Easterly & Associates can help.

If you believe your attorney engaged in unethical behavior, it’s wise to consult with your new lawyer about how to document and challenge the lien.

How Your New Attorney Handles the Fee Split After a Settlement

Once your case settles or a judgment is awarded, your new attorney will typically handle the distribution of funds — including any amount owed to your former lawyer. This process is usually straightforward, but it can vary depending on the agreements in place.

In most contingency cases, the old and new attorneys will negotiate a fee split based on the work each performed. For instance, if your original attorney handled 40% of the case before being fired, they might receive 40% of the total contingency fee, with your new attorney taking the remaining 60%.

Your new lawyer has a duty to notify your former attorney of any settlement and to hold their portion in trust until the matter is resolved. If the two attorneys can’t agree on a fair split, the dispute may be resolved through arbitration or a court hearing.

Importantly, you should not be charged double fees. The total contingency fee you agreed to pay remains the same — it’s just divided between the two lawyers based on their respective contributions.

Moving Forward with Confidence

Firing your attorney doesn’t mean losing control of your case or forfeiting your right to fair compensation. While a legal lien may allow your former lawyer to recover fees for their work, you’re still entitled to pursue your claim with new representation and seek the outcome you deserve.

If you’re a personal injury victim in Tennessee and you’re considering changing attorneys — or you’ve already made the switch — it’s important to work with a law firm that understands how to navigate these transitions smoothly. At Bill Easterly & Associates, we’ve helped countless clients take over cases from other firms, resolve lien disputes fairly, and move forward with confidence.

We’re here to answer your questions, protect your rights, and fight for the compensation you’re owed. Contact us today for a free consultation and let us help you get your case back on track.