Ryan's Express Transp. Servs. v. Amador Stage Lines, Inc., 279 P.3d 166
Jun 14, 2012OUTCOME: Remanded for evidentiary hearing
After the firm's substitution as appellate counsel, the parties agreed that one of the firm's attorneys was disqualified because he had served as a settlement judge in the case. The parties disputed wh ... ether screening measures could cure the firm's imputed conflict. The court held that the screening of lawyers who had served as settlement judges could be used to rebut the presumption of shared confidence imposed by Nev. Sup. Ct. R. Prof. Conduct 1.10, 1.11, 1.12. An evidentiary hearing was necessary to determine the adequacy and timeliness of screening measures under Rule 1.12(c). The following nonexhaustive list of factors was relevant: (1) instructions given to ban the exchange of information between the disqualified attorney and other members of the firm; (2) restricted access to files and other information about the case; (3) the size of the law firm and its structural divisions; (4) the likelihood of contact between the quarantined lawyer and other members of the firm; and (5) the timing of the screening. The court, in remanding for an evidentiary hearing, stated that the power to order a limited remand to resolve factual issues came from the inherent power of the courts.
