Does a lawyer have an absolute right to retain property or documents pursuant to a retaining lien?
British Columbia, Canada
The following excerpt is from Michael Wilson & Partners, Ltd. v. Desirée Resources Inc., 2014 BCSC 2055 (CanLII):
A lawyer’s right to retain the property or documents pursuant to a retaining lien is not absolute. As between the lawyer and third parties for example, the lawyer has no greater right to refuse production of documents over which he has a lien than does the client. Consequently if a client in a court action is required by law to produce document to another party to the action, the lawyer who asserts the solicitors’ lien must produce the documents: Kramer v. Dallas, 2007 SKQB 24 at para. 9.
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