Sanders v. Seelye

Citations

• 128 Ill. 631
• 21 N.E. 601

Syllabus

<p>1. Attorney at law—attorney’s lien. Attorneys’ liens are classed as general (or retaining) liens, and charging (or special) liens. The first attaches to all papers, documents, etc., which the attorney receives professionally; the second only upon that which is recovered through his professional services. This court has held that the latter of these liens does not exist in this State; but the court now holds, that in a proper case an attorney may, in this State, maintain a general or retaining lien.</p> <p>2. This retaining lien exists on all papers or documents of the client placed in the attorney’s hands in his professional character or in the course of his professional employment, and it makes no difference what the purpose may have been in placing them in the attorney’s hands.</p> <p>3. Same—lien in favor of different firms. Where a client knows that an attorney and a firm of attorneys are acting together as his attorneys in a case, and he delivers bonds to either one of them, to be used for his benefit in the litigation, the lien will attach on the bonds for the benefit of them all, for any balance due by him to either firm as fees in the case.</p> <p>4. Same—rule on attorney to surrender papers, etc. If an attorney does not receive bonds of his client in his professional capacity, but only as a mere custodian, the court has no authority to make an order in some other suit requiring the attorney, to show cause why he should not surrender them. The fact that the client files his petition in a suit he has had with others, for a rule on his attorney to surrender and deliver up bonds placed in his hands, is inconsistent with the contention that the holder did not receive them professionally, to be used in such suit.</p> <p>5. Same—contract of employment—in what court. A party wrote a letter to his attorneys, offering to give them $500 fees for attending to a case in the Supreme Court. The case had to go the Appellate Court, and preparation was being made to take