Attorney’s Liens

Paul Virgo, former longtime prosecutor in the California bar disciplinary system, once remarked that no subject is as fascinating to the practicing bar as the arcane issues relating to the enforcement of attorney’s liens. It is one of those pocketbook issues that inconveniently sometimes rubs up against the fiduciary requirements of ethical practice. The Nevada Supreme Court recently held that the lien cannot be enforced against property awarded in a divorce decree that is exempt from execution by a creditor. Further, the duty owed to the client trumps any obligation to a third party provider of services (an expert retainer by contract to render opinions). Thus, the expert’s bill cannot be paid out of funds held by the attorney pursuant to a claimed lien. (Mike Frisch)