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Loren, Attorney
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Experience:  30 years experience representing clients.
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My sons lawyer Mark Mobley placed a lien for attorney services

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My sons lawyer Mark Mobley placed a lien for attorney services against my son's case on 9 Oct. 2012 lien number 2012-61, subsequently he removed himself from continued representation on 29 Jan 2012 requiring my son to find new representation and shortening the 3 year period for completion of a motor vehicle accident claim, I have power of attorney for my son and I was wondering what was required to have the lien removed from the case since Mr. Mobley removed himself from representation. Any assistance you could provide would be greatly appreciated. This is in the state of Arkansas.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The attorney'd lien would remain on the claim until the case was settled. As a general rule, if he voluntarily withdrew then he should have provided a release of lien, unless he was owed money.

If he was owed money, then he would have to negotiate the release with your son and it would be resolved amicably. Otherwise, you would need to go to court for an order determining how much the attorney is entitled to be paid, if anything.

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Customer: replied 3 years ago.

This does not help there was no monies owed and the lawyer resigned himself from the case but did not provide a release of lien. I do not think he will give one if asked. Does he even have a legal right to any settlement monies if he quit the case? What court do I need to take him to to get the lien removed? Do I need to find a lawyer for the case if so what kind? Are there papers I can file on my own to start the ball rolling towards getting the lien removed?

Thank you for following up with me.

If your attorney is not owed money then they must release the lien. There is no need to speculate. Contact the attorney and let them know their release is needed.

If the attorney refuses, and there is no case pending, file a complaint in the county court for a court order to release the lien. You are not required to retain an attorney, but it would probably go faster if you did. There is no reason you need to learn as you go.

Finally, if the attorney refuses to release the lien, you can also file a disciplinary complaint with the Arkansas State Bar and the threat of losing their law license may motivate quicker action.

I hope this helps.

Customer: replied 3 years ago.

I have already filed a complaint with the bar and they are still working on the response and have been for some time about 5 months now. There are many other facets to the wrong doing by the lawyer and that may be why the response is taking so long he has violated at least 5 different aspects of the code. Should I send a certified letter to the attorney asking for the release of the lien and also should I let them know of the filed complaint with the bar?

Thank you for the additional information.

Yes, do make a demand on the attorney for the release. He would have probably been contacted already regarding the complaint you filed.

If this is dragging for 5 months then it is probably time to retain counsel and get this wrapped up. You may have gotten as far as you can on your own.

Thank you.

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