S-16-0379, Bryan R. Heckman v. Regina M. Marchio (Appellant)
Dodge County District Court, Judge Geoffrey C. Hall
Attorneys: Julie Fowler & Brenden M. Kelly (Fowler & Kelly Law, LLP) --- Jeremy Jorgenson (Appellant)
Civil: Attorney disqualification; conflict of interest
Proceedings Below: The district court Appellant's attorney and his firm from representing Appellant against Appellee due to a previous attorney-client relationship and conflict of interest.
Issues: The District Court for Dodge County violated Appellant's Sixth Amendment rights and clearly erred in issuing Orders disqualifying Appellant's privately retained and paid civil Counsel in: l) finding that an attorney-client relationship existed between Appellee and Appellant's Counsel David J. Reed; 2) finding that Appellee met his burden of proof in establishing the existence of an attorney-client relationship between Appellee and Appellant's Counsel David J. Reed; 3) finding that Appellee had sought or received legal advice from Appellant's Counsel David J. Reed; 4) finding that the meeting between Appellee and Appellant's Counsel David J. Reed concerned a matter that was substantially related or substantially similar to the matters at issue in this the instant litigation; 5) finding that Appellant's Counsel David J. Reed came to possess any confidential or attorney-client privileged information at that certain meeting with Appellee when Appellant was present at such meeting; 6) entering the March 2, 2016 Order which fails to appropriately apply Nebraska law and jurisprudence regarding attorney disqualification; and 7) entering the April 8, 2016 Order which fails to appropriately apply Nebraska law and jurisprudence regarding attorney disqualification.