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November 21, 2012

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Monroe Freedman

The American Lawyer's Code of Conduct (Public Discussion Draft, June, 1980), for which I was Reporter, had the following Rule 5.5:

A lawyer shall not impose a lien upon any part of a client's files, except upon the lawyer's own work product, and then only to the extent that the work product has not been paid for. This work-product exception shall be inapplicable when the client is in fact unable to pay, or when withholding the lawyer's work product would present a significant risk to the client of imprisonment, deportation, destruction of essential evidence, loss of custody of a child, or similar irreparable harm.

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