GUZMAN-IBARGUEN et al v. SUNRISE HOSPITAL ADN MEDICAL CENTER, LLC

Filing 166

ORDER Granting 159 Motion to Strike Attorney Lien. Signed by Magistrate Judge George Foley, Jr on 6/12/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ERINDIRA ESPERANZA
GUZMAN-IBARGUEN, et. al.,

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Plaintiffs,
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vs.
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SUNRISE HOSPITAL AND MEDICAL
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CENTER, et. al.,
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Defendants.
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__________________________________________)

Case No. 2:10-cv-1228-PMP-GWF
Consolidated with:
Case No. 2:10-cv-1983-PMP-GWF
ORDER
Motion to Strike Notice of
Attorney Lien (#159)

This matter comes before the Court on Plaintiff's Motion to Strike Notice of Attorney Lien

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of David Sampson, Esq. (#159), filed on May 7, 2012; Mr. Sampson’s Response to Motion to

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Strike Attorney Lien (#161), filed on May 23, 2012; Plaintiff's Reply to Response to Motion to

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Strike Notice of Attorney's Lien (#163), filed May 29, 2012.

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BACKGROUND
Plaintiffs retained Christensen Law Offices, LLC to handle claims arising out of the death

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of Oscar Mejia and entered into a written retainer agreement. At the time Plaintiffs retained

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Christensen Law Offices, LLC, attorney David Sampson was an employee of Christensen Law

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Offices. The parties dispute the manner in which Mr. Sampson became their attorney, however, the

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parties do agree that Mr. Sampson did represent the Plaintiffs in this case.

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Plaintiffs argue that Mr. Sampson represented them through his employment by Christensen

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Law Offices, LLC. Mr. Sampson was an employee of Christensen Law Offices and a member of

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the limited liability company. He was compensated at a rate of 25% of the attorney's fees collected

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by Christensen Law Offices, LLC minus any non-reimbursed costs, but he had no interest or

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entitlement to any attorney's fees on a case if it settled after his employment terminated. See

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Affidavit of Thomas Christensen, Esq., Exhibit "2". Plaintiffs also state that in 2011, Mr. Sampson

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was expelled as a member of the limited liability company but continued as an employee of

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Christensen Law Offices, LLC for a set salary. See Affidavit. In March, 2012, Mr. Sampson

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requested an increase in his salary which was denied and his employment with Christensen Law

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Offices, LLC was terminated. See Affidavit. Plaintiffs argue that they owe no compensation to

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Mr. Sampson by way of attorney lien, and that the matter is solely between Mr. Sampson and

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Christensen Law Offices, LLC. Therefore, the notice of attorney lien should be stricken.

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Mr. Sampson argues that he was retained by the Plaintiffs in this action by and through an

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attorney-client contract with Christensen Law Offices, LLC., of which Mr. Sampson was a partner.

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He further argues that the Plaintiffs interviewed multiple attorneys prior to this action in the effort

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to find representation, ultimately settling upon Mr. Sampson. Upon agreeing to represent the

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Plaintiffs, Mr. Sampson drafted a "Lawyer's Retainer Agreement." See Exhibit "1." The signatures

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of the clients and Mr. Sampson can be found in that agreement. During the period of

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representation, three and a half years, Mr. Sampson performed the majority of the attorney work

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necessitated by the case. See Exhibit "1". At the end of March 2012, Mr. Sampson was informed

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that Christensen Law Offices, LLC would pursue the Mejia claim without him and would not pay

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him for services rendered. Mr. Sampson notified the Plaintiffs of his attorney lien in the amount

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equal to 25% of any recovery in this action.

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DISCUSSION
Under N.R.S 18.015, attorneys may place a lien on any claim, demand or cause of action

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for a suit that was placed in the attorney's hands by a client for suit or collection. However, the

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statute is inapplicable when utilized in a matter that is solely an inter-attorney dispute. Harvey L.

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Lerer, Inc. v. Eighth Judicial District Court, 111 Nev. 1165, 901 P.2d 643 (Nev. 1995). It is

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undisputed that Mr. Sampson was a member of the Christensen firm when Plaintiffs retained him.

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It is undisputed that Mr. Sampson’s services to the Plaintiffs as their attorney was terminated by

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Christensen Law Office, LLC prior to the judgment in this matter.

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The Supreme Court of Nevada ruled in Lerer that it is not the purpose of the statute to allow
a lawyer to "hold unilaterally a 'client' liable for fees when that lawyer is acting merely as the agent
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of another attorney." Id. Mr. Sampson was acting as a member of the Christensen Law Office

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rather than a representative of the Plaintiffs. The Lawyer's Retainer Agreement shows that the

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Plaintiffs entered into an agreement with Christensen Law Office, not with David Sampson,

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individually. Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike Attorney Lien (#159) be
granted.
DATED this 12th day of June, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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