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MARQUIS & AURBACH v. EIGHTH JUDICIAL DISTRICT COURT

No. 43501.

146 P.3d 1130 (2006)

MARQUIS & AURBACH, and Terry A. Coffing, Esq., Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT, in and for the COUNTY of CLARK; and the Honorable Mark R. Denton, Judge. Respondents, and William Kenneth Tompkins, II, as Conservator of the Person and Estate of Judy Tompkins, Real Party in Interest. William Kenneth Tompkins, II, as Conservator of the Person and Estate of Judy Tompkins, Petitioner, v. The Eighth Judicial District Court, in and for the County of Clark; and the Honorable Mark R. Denton, Judge. Respondents, and Marquis & Aurbach, and Terry A. Coffing, Esq., Real Parties in Interest.

Supreme Court of Nevada.

November 30, 2006.

Attorney(s) appearing for the Case

Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Oliver J. Pancheri and Nicholas J. Santoro, Las Vegas, for Petitioners/Real Parties in Interest Marquis & Aurbach and Coffing.

John Peter Lee Ltd. and John Peter Lee and Paul C. Ray, Las Vegas, for Real Party in Interest/Petitioner Tompkins.

Before the Court En Banc.

OPINION

HARDESTY, J.

These original petitions for writs of mandamus involve proceedings that began in the State Bar of Nevada's fee dispute arbitration program, which resolves fee disputes between attorneys and clients. In the fee dispute arbitration proceeding, the client challenged her contingency fee agreement with a firm as violating a professional conduct rule, SCR 155(4)(a).1 This rule, in relevant part, prohibits...

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