DiMartino v. Eighth Judicial District Court Ex Rel. County of Clark

OPINION

This original petition for a writ of mandamus questions whether the district court acted arbitrarily and capriciously by disqualifying petitioner Mark DiMartino’s counsel, Michael H. Singer, under SCR 178. Having reviewed the petition and the answer filed by real party in interest Michael Greenstein, we conclude that SCR 178 may prevent Singer from representing DiMartino at trial, if the underlying action proceeds to trial, but it does not otherwise disqualify him from representing DiMartino.

According to the documents before us, the underlying action is primarily a breach of contract…