Brenda Camp gave Attorney Doug Lillehei $100,000 to pay for a bond in a foreclosure proceeding on her casino. When Brenda later failed to pay Doug’s fees, Doug argued that the $100,000 was given as partial payment of those fees and that he had advanced the remainder of the money for posting the bond. When the money from the bond was released, Doug indicated that he had a right to retain it because he had placed a retaining lien on it for attorneys’ fees owed.
a. Who is entitled to the bond money?
b. Was a retaining lien proper in this case?
c. If you were Doug, what would you have done in this case?