Nevada Litigation Legal Questions

An oral contract over $500 is not enforceable in New York. Maybe you can sue in Small Claims Court on a quantum merit or unjust enrichment theory. Get anything that important in writing and do not get involved with uneducated, unfaithful, abusive, violent, or dishonest people as they will not treat you honestly or with respect.... Read More

Attorneys' fees in Nevada are the product of the Agreement between the Client and the Counsel but still must be reasonable, based upon (1) time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) likelihood that attorney has had to forego other work; (3) fee customarily charged in the locality for similar legal services; (4) amount involved and the results obtained; (5) time limitations imposed by the client or by the circumstances; (6) nature and length of the professional relationship with the client; and (7) experience, reputation, and ability of the lawyer. NRPC 1.5(a). If it is a contingency fee agreement, the Agreement must be in writing and clearly specify the basis of the Fee, including (1) method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer; (2) how litigation and other expenses are to be deducted from the recovery and whether before or after the contingent fee is calculated; (3) whether the client is liable for expenses regardless of outcome; (4) that the client may be liable for the opposing party's attorney fees, and will be liable for the opposing party's costs as required by law; and (5) that a suit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process. NRCP 1.5(c). Therefore contingency fee agreements have strict requirements, and the contingency fee still must be reasonable based on a variety of factors. The second issue which you discuss is the right of your attorney to retain your file. NRS 18.015 has been broadened to widen the rights of attorneys to assert a retaining lien over a Client's file in order to secure payment for the attorney. You are entitled to counsel of your choice and should hire an attorney with whom you mesh. Have your new counsel negotiate with your former Counsel to obtain the file and to set a reasonable fee or charging lien related to the file.... Read More

  In order for an attorney to withdraw in litigation, as opposed to substitute out for new counsel, the attorney is required to comply with SCR 46. "The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows: (1) Upon consent of the attorney, approved by the client; (2) Upon the order of the court or judge thereof on the application of the attorney or the client." In Clark County (Eighth Judicial District Court), in civil matters, the attorney must file a motion with the Court pursuant to EDCR 7.42. This rule provides that Counsel in any case may be changed only: (1) when a new attorney is substituted in place of the attorney withdrawing by the written consent of both attorneys and the client; or (2) by order of the court, granted upon motion with notice sent to the client. No application for withdrawal or substitution may be granted if a delay of the trial or of the hearing of any other matter in the case would result. In Family Court matters the procedure is the same, except that attorneys (only in family law matters) can engage in unbundled representation pursuant to EDCR 5.28.  ... Read More