Check a lien over documents that are essential to current proceedings
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract whether a lien for unpaid legal costs is claimed, whether the documents are described as essential to the client's defence or prosecution of current proceedings, and whether another solicitor is acting. Record any undertaking to hold the documents subject to the lien and to maintain reasonable security, any proposal that the second solicitor pay or agree with the client to procure payment of the first solicitor's costs on completion of the proceedings, and any offer of reasonable security for delivery to the client. Do not decide that the lien is effective or that a path in rule 15.1 has been met. Do not draft the letter.
- What the lawyer must review
- Decide whether a lien is claimed and how rule 15.1 is met, and write any letter. Notwithstanding rule 14, where the solicitor claims a lien for unpaid costs over client documents essential to the defence or prosecution of current proceedings, the first solicitor must deliver the documents to a second solicitor who is acting if that solicitor undertakes to hold them subject to the lien and maintains reasonable security, or if the first solicitor agrees to the second solicitor paying, or agreeing with the client to procure payment of, the first solicitor's costs on completion of the proceedings. Alternatively, on receiving reasonable security for the unpaid costs, the solicitor must deliver the documents to the client. The opened rule does not define when a lien is effective at general law.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Extract whether a lien for unpaid legal costs is claimed, whether the documents are described as essential to the client's defence or prosecution of current proceedings, and whether another solicitor is acting. Record any undertaking to hold the documents subject to the lien and to maintain reasonable security, any proposal that the second solicitor pay or agree with the client to procure payment of the first solicitor's costs on completion of the proceedings, and any offer of reasonable security for delivery to the client. Do not decide that the lien is effective or that a path in rule 15.1 has been met. Do not draft the letter. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the proceedings are described as current, and the documents as essential to defence or prosecution.
- Set out rules 15.1.1(i), 15.1.1(ii) and 15.1.2 as alternatives. Do not pick one.
- Reasonable security is for the lawyer to judge. Do not invent a figure.
- The lawyer writes any letter asserting or releasing the lien.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA compilation), rule 15 · 2026-10-22
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA compilation), rule 14 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.