Grimes v. Crockrom
947 N.E.2d 452
| Ind. Ct. App. | 2011Background
- Grimes represented Crockrom in a medical malpractice action; Grimes withdrew as Crockrom’s counsel in 2009 and retained medical records for Crockrom.
- Davis, Crockrom’s new counsel, requested records Grimes possessed; Grimes offered to release records only if Crockrom paid unpaid fees.
- Grimes sent November 25, 2009 letter asserting a retaining lien and citing Indiana law permitting continuation of possession until fees are paid.
- Davis issued a subpoena duces tecum to Grimes on May 6, 2010; Grimes moved to quash.
- Trial court denied the motion to quash and ordered production of records; Crockrom’s attorney’s fees remained unpaid.
- This appeal follows the trial court’s ruling; the court affirms in part, reverses in part, and remands with instructions to ensure security for fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by ordering production without security for fees. | Grimes argues there is a valid retaining lien requiring security. | Crockrom contends no security was required for production. | Yes, error; remand for security unless liquidated amount determined. |
| Whether Grimes has a valid common-law retaining lien over the records. | Grimes asserts a valid lien arising on rendition of services. | Crockrom argues no lien precludes access to records. | Yes, Grimes has a valid retaining lien. |
| Whether the contract precludes Grimes’s retaining lien. | Contract allows client access to file; lien conflicts with contract. | Contract does not exclude lien; implied integration with law. | Contract does not preclude the lien; lien remains valid. |
Key Cases Cited
- Bennett v. NSR, Inc., 553 N.E.2d 881 (Ind. Ct. App. 1990) (retaining liens require security for fees before compelled production)
- Shannon v. Hendricks Cty. Ct., 183 N.E.2d 331 (Ind. 1962) (retaining lien authority and origin in common law)
- Westfield Companies v. Knapp, 804 N.E.2d 1270 (Ind. Ct. App. 2004) (contracts incorporate applicable law impliedly; lien not precluded)
- Grandview Lot Owners Ass’n, Inc. v. Harmon, 754 N.E.2d 554 (Ind. Ct. App. 2001) (contractual provisions harmonized with other laws)