Filed malpractice suit in Nevada but still unfair trial Why

Feeling frustrated when your attorney is disqualified due to a conflict of interest in Nevada? You’re not alone. Understanding the law is crucial for addressing such issues. This article will explore a key court ruling to guide you through resolving these conflicts.

Situation

Situation Example

Imagine a sunny day in Nevada where two cars unexpectedly collide at an intersection. Ms. B, who was driving one of the cars, gets hurt badly and needs surgery. Dr. T and another doctor operate on her. After the crash case is settled, Ms. B and her husband find themselves in a tricky spot. They have to deal with medical bills and argue over the settlement money. They think Dr. T didn’t do a good job with the surgery. So, they file a medical malpractice lawsuit against him. But here’s the twist: Ms. S, a legal secretary who once worked for Dr. T’s old lawyer, is now helping Ms. B’s lawyers. Dr. T worries that Ms. S knows too much from her previous job, which could be unfair in court.

Judgment

The court sided with Ms. B and her husband. In the case of Brown v. Thalgott, the judge decided that there wasn’t enough evidence to show that Ms. S shared any secrets from her old job with Ms. B’s legal team. So, the court didn’t disqualify Ms. B’s lawyers, allowing them to continue representing her. Case reference: Nevada No. 34501.

Solution

Immediate Actions

If you find yourself in a situation where your attorney might be disqualified because of a conflict of interest, the first step is to gather all the facts. Make sure your attorney is aware of any potential conflicts, such as previous employment of anyone on your legal team. Communication is key here. Discuss openly with your lawyer about the situation and gather any documents that might be relevant to show that no confidential information was shared.

Filing and Submitting a Complaint

In the case of legal conflicts, if you need to file a motion to keep your lawyer, it’s important to follow the correct legal procedures. Your lawyer will help you prepare a statement explaining why they should not be disqualified. They will include evidence that supports their position, such as affidavits or statements that prove no confidential information was shared. This document will be submitted to the court for review. It’s crucial to meet all deadlines and follow court rules to ensure your side is heard.

Negotiation and Settlement Strategies

Sometimes, conflicts of interest can be resolved outside of court through negotiation. If it seems like the conflict could be settled amicably, explore the option of mediation. A neutral third party can help both sides come to an agreement. This can save time and money compared to a drawn-out court battle. Consider offering reassurances or even a confidentiality agreement if it can help ease concerns about potential conflicts.

FAQ

What Is SCR?

SCR stands for Supreme Court Rules. These are the guidelines that lawyers must follow when practicing law in court. They cover everything from how lawyers should behave to how cases should be handled.

What Is a Conflict?

A conflict happens when a lawyer’s duty to one client might interfere with their responsibility to another client or their own interests. It’s important because it can affect how fairly a case is handled.

Can I Choose My Attorney?

Yes, you generally have the right to choose your attorney. However, if there’s a conflict of interest, a court might disqualify your attorney to ensure fairness in the legal process.

What Is an Imputed Conflict?

An imputed conflict means that if one lawyer in a firm has a conflict, the whole firm might be affected by it. This is to make sure no confidential information is accidentally shared within the firm.

How Does Co-Counsel Disqualification Work?

If your co-counsel (another lawyer helping on the case) is thought to have a conflict, it depends on their involvement. If they haven’t accessed any confidential information, they might not need to be disqualified.

What Is Lawyer Screening?

Screening is a way to keep a lawyer from accessing certain information to avoid conflicts. However, not all courts accept this as a solution to conflicts.

On What Grounds Can an Attorney Be Disqualified?

An attorney can be disqualified if they break confidentiality rules or if their involvement might look improper to the public. This is to keep trust in the legal system.

How Do Attorneys Handle Confidentiality?

Attorneys must keep all client information private. They can’t share it with anyone not involved in the case, even accidentally, to protect their clients.

What Is a Writ of Mandamus?

A writ of mandamus is a court order that tells a lower court to correct a mistake or legal error. It’s used when a higher court thinks the lower court didn’t follow the law properly.

What Is the Public Suspicion Test?

This test checks if a lawyer’s actions might make the public doubt the fairness of the legal system. If so, the lawyer might be disqualified to keep public trust intact.