May 20, 2019

Colorado Supreme Court: Although Retaining Lien on U.S. Passport Improper, Hearing Board’s Decision Affirmed

The Colorado Supreme Court issued its opinion in In the Matter of Attorney G. on Monday, April 22, 2013.

Attorney Discipline—Retaining Lien.

The People challenged the hearing board’s dismissal of a complaint against an attorney who asserted a retaining lien on a U.S. passport. The Supreme Court held that the retaining lien statute does not authorize an attorney to assert a retaining lien on U.S. passports. Accordingly, although the Court will not disturb the hearing board’s order of dismissal, the Court disapproved of its rationale.

Summary and full case available here.

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