The incapacity of a bankrupt to give a lien, exists as well in reference to bis dealings with an attorney as with other parties; and the latter has no lien upon the papers and proceedings in his custody as solicitor, under a fiat in bankruptcy, (x)

Formerly, some diversity of practice obtained in the different courts in England, as to allowing a set-off of damages or costs, between parties litigant, to defeat an attorney's lien upon the * whole amount awarded in favor of his client; but, by the rules adopted for the government of the courts, in the year 1832, the practice was made uniform; and at the present time no set-off of damages or costs is allowed, to the prejudice of the attorney's lien for costs, in the particular suit against which the setoff is sought, except as to interlocutory costs in the same suit, (y)

In the different States of the Union, the practice of allowing set-off of judgments varies; in some of them it is subject to the attorney's lien in the cause, and in others it is not. In Maine and Massachusetts, where the attorney's lien is regulated by statute, no set-off of judgments or executions is allowed to defeat that lien. (z) paying to plaintiff with notice from the attorney, is not liable; Frissel v. Haile, 18 Mo. 18; and it is the same in Indiana; Hall v. Brinkley, 10 Ind. 102. No lien on a judgment exists in the former State, and no general lien in the latter.

(u) Pelly v. Wathen, 9 Eng. L. & Eq. 61; Francis v. Francis, 35 Eng. L. & Eq. 114. As an attorney's lien is only coextensive with the rights of his client, he is bound to produce a deed on which he has a lien for his costs, for the benefit of third parties, if his client would be bound to produce it. Hope v. Liddell, 31 Eng. L. & Eq. 388.

(v) Hollis v. Claridge, 4 Taunt. 807; Ex parte Bush, 7 Vin. Abg. 74. An attorney had been employed by one who became bankrupt. The* assignees petitioned in chancery to hare up the papers, and that the attorney might come in for his demands pari passu with other creditors. Bv the Lord Chancellor: " The attorney hath a lien upon the papers in the same manner against assignees as against the bankrupt, and though it doth not arise by any express contract or agreement, yet it is as effectual, being an implied contract by law; hut as to papers received after the bankruptcy they cannot be retained." Whether an attorney has any lien on papers, the property of third persons, is considered a doubtful point in 1 Bac. Abg 503, tit. Atty. F.

(w) Lawson v. Dickinson, 8 Mod. 306.

{x) Ex parte Lee, 2 Ves. Jr. 285; Ex parte Shaw, I Gl. & J. 124.

(y) Requlae Generales, 3 B. & Ad. 388.

(z) Rider v. Ocean Ins. Co. 20 Pick. 259; Little v. Rogers, 2 Met. 478; Hooper v. Brundage, 9 Shepl. 460; Baker v. Cook, 11 Mass. 236; Gammon v. Chandler, 17 Shepl. 152.

There are several kinds of lien known as maritime liens, such as those of salvors, seamen, ship-masters and owners, ship-carpenters, pilots, and bottomry and respondentia, which are sufficiently presented in the chapter upon Shipping, and therefore need not be considered here.1