Question: From the time my retainer was exhausted, my lawyer and I have had a continuing fee dispute which has affected our relationship and my case. His contract -- much to my chagrin -- includes a right to take a lien on my property interests. He did this even though all properties are joint and are subject to

being divided by the court. Is there anything I can do?

Answer: Your question concerns many litigants throughout the United States. Although attorneys fees are generally matters of contract between lawyers and clients, New York announced strict new rules which, among other things, provide that divorce lawyers can not take a lien on property to insure payment of fees without prior notification of the other spouse and prior court approval. These rules parallel the Bounds of Advocacy which were previously approved by the American Academy of Matrimonial Lawyers of Chicago and have been used in some states to create guidelines. Even though most states have not been as proactive as has New York, we suggest that you bring these new standards to your lawyer's attention.

Jan Collins Stucker is an award-winning writer and editor. Jan Warner is a matrimonial, elder, and tax attorney. Both are based in Columbia, South Carolina. Flying Solo is seen in newspapers throughout the United States and can be found on the Internet at http://www.flyingsolo.com.

Please e-mail your questions to janwarner@flyingsolo.com or by mail to P.O.Box 11704, Columbia, SC 29211. To receive the American Academy of Matrimonial Lawyers "Divorce Manual," either go to "Media" area of this website and use your credit card or send $7.50 payable to "AAML Fulfillment" to P. O. Box 11704, Columbia, South Carolina 29211, and we'll make sure you receive it.

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