MERITS INCENTIVES v. EIGHTH JUD. DIST. CT.

No. 56313.

262 P.3d 720 (2011)

MERITS INCENTIVES, LLC, a Nevada Limited Liability Company; Ramon DeSage, Individually; and Cadeau Express, Inc., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and the Honorable Mark R. Denton, District Judge, Respondents, and Bumble and Bumble Products, LLC, a New York Limited Liability Company; Fennemore Craig, P.C.; and John H. Mowbray, Real Parties in Interest.

Supreme Court of Nevada.

October 6, 2011.


Attorney(s) appearing for the Case

Pisanelli Bice, PLLC, and Todd L. Bice , Las Vegas; Glaser, Weil, Fink, Jacobs, Howard & Shapiro, LLC, and Lance Coburn , Las Vegas, for Petitioners.

Lionel Sawyer & Collins and Paul R. Hejmanowski and Samuel S. Lionel , Las Vegas, for Real Parties in Interest Fennemore Craig, P.C., and John H. Mowbray.

Fennemore Craig, P.C., and John H. Mowbray , Las Vegas, for Real Party in Interest Bumble and Bumble Products, LLC.

Before SAITTA, C.J., HARDESTY and PARRAGUIRRE, JJ.


OPINION

By the Court, HARDESTY, J.:

In this original writ proceeding we review a district court's decision to deny a motion to disqualify opposing counsel, when opposing counsel reviewed confidential documents he received, unsolicited, from an anonymous source.1 We initially conclude that although there is no Nevada Rule of Professional Conduct that specifically governs an attorney's actions under these facts, the attorney...

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