Bero-Wachs v. Law Office of Logar & Pulver

Summary

The Nevada Supreme Court held that an attorney’s lien does not attach to alimony or qualified retirement accounts awarded in a divorce decree to the extent those assets are exempt from execution under Nevada law. The court also held that an attorney may not include a forensic accountant’s fees in the lien when the client independently contracted with the accountant and the attorney was not liable for those fees. The court affirmed in part, reversed in part, remanded for a determination regarding the exemption status of the retirement accounts, and denied the related writ petition.

Holdings

1. An attorney's lien cannot attach to alimony or qualified retirement accounts awarded in a divorce decree to the extent those assets are exempt from execution by creditors.
2. The attorney's lien did not attach to Bero-Wachs's alimony award because the award was exempt from execution.
3. An attorney cannot include a forensic accountant's unpaid fees in an attorney's lien when the client independently contracted with the accountant to pay those fees.
4. The district court had to determine which, if any, of the IRAs awarded to Bero-Wachs were exempt from execution; the lien remained valid as to nonexempt property, and Logar's fees were reasonable.

Questions Presented

1. Whether an attorney's lien may attach to alimony or qualified retirement accounts awarded in a divorce decree when those assets are exempt from execution by creditors.
2. Whether an attorney may include a forensic accountant's fees in an attorney's lien when the client independently contracted with the accountant to pay those fees.
3. Whether the district court properly determined the reasonableness of Logar's fees and the validity of the lien as to nonexempt property.

Disposition

reversed_and_remanded