Withdrawing Attorney Can Assert Lien On Future Recovery

A decision from the Nevada Supreme Court

Here, we are asked to determine whether NRS 18.015 allows an attorney to enforce a charging lien even if that attorney withdrew before her client secured some form of recovery. We conclude that NRS 18.015 allows an attorney to enforce a charging lien against a client’s affirmative recovery, even if that attorney withdrew before recovery occurred. Accordingly, we reverse the district court’s order to the contrary and remand for further proceedings…

NRS 18.015’s language unambiguously allows any counsel that worked on a claim to enforce a charging lien against any affirmative recovery. Thus, the district court erred in holding that McDonald Carano cannot enforce its charging lien simply because it withdrew before its client’s settlement. However, additional findings are needed to determine whether McDonald Carano is entitled to a disbursement and, if it is, the amount of that disbursement. Accordingly, we reverse the district court’s order and remand for further proceedings consistent with this opinion.