Okay, the user wants a detailed but concise summary of the provided document in English. Let me start by reading through the original text carefully.
The document is about attorneys' liens in New Hampshire, specifically addressing two types: charging liens and retaining liens. The first part explains the charging lien, which is based on state statutes like RSA 311:13. Then it talks about retaining liens, which are more common law in nature but some states have specific statutes.
The user mentioned that the committee previously discussed this, and the current inquiry is about whether retaining liens are allowed. The summary needs to highlight that there's no clear statutory or case law support for retaining liens in New Hampshire. The attorney suggests consulting the New Hampshire Supreme Court for an advisory opinion instead of reversing the prior decision.
I need to make sure the summary is in English, no markdown, and starts directly with the content. Also, it should be concise but cover all key points. Let me structure it: first mention the two types of liens, then the charging lien with the specific statute, the retaining lien's common law origin and possible state-specific procedures, the committee's prior opinion, and the conclusion that there's no authority for retaining liens, so they shouldn't reverse the prior decision. End with the recommendation to seek an advisory opinion from the Supreme Court.
Check for any specific terms or emphasis that need to be included, like the emphasis on "lien granted by law" in the statute. Also, note the rules mentioned: Rule 1.5 and Rule 1.8. Make sure to mention those but keep it brief. Avoid any formal titles or markers. Keep sentences clear and to the point without unnecessary details. Let me put that all together now.
The document addresses two types of liens an attorney may impose on a client’s property: charging liens and retaining liens. A charging lien, as outlined in New Hampshire’s RSA 311:13, allows attorneys to secure fees and costs through statutory authority, as referenced in a prior committee opinion. A retaining lien, derived from common law, permits an attorney to hold a client’s property or files until fees are paid or sufficient security is posted. While some states have statutory frameworks for retaining liens, New Hampshire lacks clear legal authority supporting their use. The committee’s prior decision on charging liens is not overturned, as the absence of statutory or case law support for retaining liens means the issue remains unresolved. The author recommends seeking an advisory opinion from the New Hampshire Supreme Court to determine potential precedents for retaining liens.
