 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harvey L. Lerer8/24/1995
tion for the services rendered and perhaps collection proceedings in another state to enforce any judgment secured. Cf. Levinson v. District Court, 103 Nev. 404, 742 P.2d 1024 (1987). This is a burdensome, costly prospect, and many attorneys will probably forego collection of their fees and costs expended. This is exactly the situation that NRS 18.015 was enacted to prevent. The majority recognizes the discourteous and unprofessional conduct of out-of-state attorney Harvey Lerer; but while admonishing such conduct, it then goes on to grant him extraordinary discretionary relief. In my view, Mr. Lerer's conduct should preclude him from any extraordinary assistance from this court. For these reasons, I dissent from the issuing of the writ of prohibition and mandamus.
Opinion Footnotes}
1 "Although petitioner has requested only a writ of prohibition we elect to treat this petition as seeking relief in both prohibition and mandamus." See Attorney General v. District Court, 108 Nev. 1073, 1074, 844 P.2d 124, 124 (1992).
2 Although we consider Lerer's disrespectful letter to the court to be inexcusably contemptuous, our granting of the writ in this case prompts us to dismiss all matters relating to contempt of court.
3 We also note that SCR 155, the rule governing attorney's fees, states in pertinent part that: "5. A division of fee between lawyers who are not in the same firm may be made only if: . . . . (b) the client is advised in writing of and does not object to the participation of all the lawyers involved . . . ." In the instant ease, Smith admitted during hearings that no written agreement existed between him and the Callottas, and there is nothing in the record indicating that the Callottas were informed in writing that Smith would be their attorney. Therefore, SCR 155 also invalidates Smith's attempted lien against the Callottas' settlement funds.
4 NRCP 41 states in pertinent part: (a) Voluntary dismissal: Effect thereof. (1) By plaintiff, By stipulation. . . . n action may be dismissed by the plaintiff upon repayment of defendants' filing fees, without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. "Rule 41(a)(1) is the shortest and surest route to abort a complaint when it is applicable. So long as plaintiff has not been served with his adversary's answer or motion for summary judgment he [or she] need do no more than file a notice of dismissal with the Clerk. That document itself closes the file. There is nothing the defendant can do to fan the ashes of that action into life and the court has no role to play. This is a matter of right running to the plaintiff and may not be extinguished or circumscribed by adversary or court."
|