Legal Question in Family Law in Nevada
opposing attorney was my attorney earlier
friday I learned opposition hired an attorney who I used before filing my petition. When that attorney was shown letters, etc. he was my attorney he did not recuse himself saying ''someone else in his firm'' lawyered me and he'd leave this matter to judge at hearing! His signature is on the final letter to me. What Rules do I put in Motion to convince Judge? Attorney is ''well known'' in LV. Can he serve? He has information never heard in court. I will pay somebody to write the motion for me.
3 Answers from Attorneys
Re: opposing attorney was my attorney earlier
You need to file a motion to remove the attorney because of a conflict of interest under the Nevada Rules Of Professional Responsibility.
Re: opposing attorney was my attorney earlier
The question is what did the earlier representation relate to? If it relates to the divorce or estate planning which involves your money, which is a part of the divorce, or bankruptcy, again involving money, then a motion would be appropriate. The rule is Supreme Court Rule 1.9, duties to former clients.
Re: opposing attorney was my attorney earlier
Thank you for your inquiry.
If you formally hired your oppositions' attorney regarding your Family Law matter you absolutely have grounds to file a Motion for Recusal/Withdrawal.
There are professional ethical responsibilities all attorneys are requried to follow including conflict of interest rules in litigating against former clients.
If you would like to discuss your case feel free to contact my office at the number listed below.
Regards,
Jim Herbe
702.307.1355
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