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opposing attorney was my attorney earlier

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aarennels

Junior Member
What is the name of your state (only U.S. law)? NV
Opposing attorney was hired by opposing party on friday (1-16-09) and our hearing is scheduled for tuesday (1-20-09). He was my attorney before I filed my initial motion, was paid (have retainer), gave advice and received confidential information (Some has never been presened in Court).
Do I have to file a Motion to remove opposing attorney (conflict of interest) or will oral argument suffice along with showing the Judge papers opposing attorney signed and retainer agreement? He now claims other attorneys in HIS firm (not him) dealt with me so does not have to recuse himself. He's a big-shot attorney in LV (probably most expensive family attorney) and apparently believes he CAN be opposing attorney or would not risk me filing a complaint with the NV Bar.

My concern is dealing with this issue of the ATTORNEY will be distraction to the reason we are in Court - which is in a motion to request the Judge to COMPEL the opposing party to comply with the Court Order (Stip/Order). The Judge's answer will affect my visitation with my granddaughter scheduled for the weekend of Janaury 24-5, 2009.

So, should I allow a brief 10 minutes for Judge to make a decision about the "conflict of interest" and then "OBJECT" if opposing counsel is allowed to stay and move the Judge to my motion? My gut feeling is the "conflict of interest" could take all the time allocated.

If the Judge allows the opposing attorney to stay - can I object (appeal) AND file a complaint with the NV BAR - do both? Or is that over-stepping it? Or should I just file with the NV Bar before the hearing?

It seems a slam dunk that that attorney should not be attorney for opposing party - so is there a loop hole that is not evident in the Rules I've read = 1.6 - 1.7 & 1.8?

I'll pay for somebody to write the Motion or outline what goes into the Motion.
 



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