A substituted solicitor's undertaking to pay a former solicitor's costs as agreed or assessed, without more, does not constitute 'satisfactory security' for the former solicitor's possessory lien under Rule 29.3 of the Solicitors Rules. Satisfactory security requires the provision of something of monetary value equivalent to the lien — commonly an agreement by both the former client and the new solicitor that verdict or settlement monies will be retained to the extent necessary to meet the former solicitor's costs. A former client who cannot obtain release of files by providing satisfactory security may apply under s 209C(1)(b) of the Legal Profession Act 1987 for a court order.
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