Trimble v. Steinfeldt

Opinion

SPENCER, P. J.- Introduction

Plaintiff Meryl Trimble appeals from an order denying her motion to expunge a lien which respondent, Attorney Bruce G. Fagel, filed in plaintiff’s suit against Stephen Steinfeldt, M.D., and others.

Statement of Facts

Respondent is a former employee of Attorney Samuel Shore. He was hired in April 1981 as a salaried law clerk. Following respondent’s admission to the California State Bar in June 1982, he worked as a salaried associate on Attorney Shore’s cases.

On March 22, 1983, plaintiff retained the services of Attorney Shore in the underlying litigation, signing a retainer agreement to that effect. Plaintiff agreed to pay to Samuel Shore 50 percent “of any and all monies collected or received by or for the undersigned in said matter . . . .” The agreement continues, “I authorize him to associate any other attorney ... at his discretion, but at no expense to me . . . .”

[649]The underlying action was commenced on May 2, 1983. Respondent’s name never appears as an attorney of record in that action, all documents continuing to bear the name of Samuel Shore only.

On October 1, 1983, respondent and Attorney Shore changed the nature of their relationship. They entered into a new agreement, whereby Attorney Shore provided respondent with office space, library and conference facilities and secretarial services; respondent no longer would receive a salary, but was to be compensated with 33 A percent of funds received from cases he successfully brought to a conclusion through settlement or trial. On approximately February 23, 1984, while plaintiff’s underlying action remained pending, respondent terminated his relationship with the law offices of Attorney Shore. Shortly thereafter, having learned of respondent’s departure, plaintiff requested that Attorney Shore continue to represent her in this action without further interference from respondent.

On April 30, 1984, respondent filed a notice of lien in the underlying action, in which he stated his claim for “a lien on the cause of action of Plaintiff and on any recovery from award accruing to Plaintiff by reason of an attorney’s agreement between [respondent] and the Law Offices of Samuel Shore, as attorney of record for the Plaintiff, based upon services performed by [respondent] in the above-entitled matter between May 2, 1983 and February 23, 1984.”