LEGAL PRACTITIONER – Right of a Legal Practitioner – Solicitor’s right at common law

“… (3) Halsbury’s Laws of England, 3rd ed., vol. 36, p.173, para. 237, on Solicitors and their Lien. That paragraph in Halsbury reads as follows: “237. Solicitor’s rights. At common law a solicitor has two rights which are termed liens (q). The first is a right to retain property already in his possession until he shall have been paid costs due to him in his professional capacity (r).. and the second is a right to ask the Court to direct that personal property recovered under a judgment obtained by his exertions stands as security for his costs of such recovery (s). In addition, a solicitor has by statute a right to apply to the Court for a charging order on property recovered or preserved through his instrumentality in respect of his taxed costs of the suit, matter, or proceeding prosecuted or defended by him” (The footnotes are not copied). Presumably it is the first right that is relied upon, and in that respect it should be noted that the lien is for costs due to the solicitor in his professional capacity.”

Per VAHE ROBERT BAIRAMIAN, JSC IN SAGOE V. THE QUEEN (1963) LCER-260(SC) (Pp 4 – 5 Paras C – B)
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