This is Nevada. I found out that 1st attorney had all my privileged, confidential and work product information when he came on as opposing counsel, so a motion to disqualify was filed and just before the court ruled, a 2nd attorney was substituted in on the case, however, before the case concluded, I found out that the 2nd attorney worked for the 1st attorney on the same case doing research and analysis, and had access to everything in the files some two months before I moved to disqualify the 1st attorney. This seems like collusion and unethical conduct. Even though the first attorney was not actually disqualified by the Court, shouldn't the 2nd attorney be precluded from subbing in on the case and having this unfair advantage??? Neither attorney mentioned that they worked together, I found out just the other day that they knew one another and when the motion to disqualify the 1st attorney was waiting for the court to rule on the motion, the two of them got together and discussed subbing in the second attorney in light of the pending motion.
That is most certainly worth a try and if you do not have the evidence ask for limited discovery on the issue.
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