Supervised Practice Participant Asked to Cover a Contested Hearing Alone
Nadia is a participant in Nevada's Supervised Practice Program. Her permit, issued three months ago, authorizes her to appear in justice court and district court on civil matters under a written supervision plan filed with the court. Her supervising attorney, Ms. Ortiz, is the only approved supervisor. On Thursday at 4:45 p.m., Ms. Ortiz leaves for a two-day trial in Elko and tells Nadia, 'Use your judgment; don't do anything you wouldn't do if I were here.' On Friday morning, Nadia's client, Mr. Chen, arrives for a hearing on a motion to set aside a default in a debt-collection case. Opposing counsel is the same lawyer who represented Mr. Chen's wife in their divorce, and Mr. Chen says he 'does not want that man to see my financial affidavit.' The hearing is at 9:00 a.m. Nadia has never appeared at a contested hearing. The client asks Nadia to handle it alone.
1. May Nadia appear at the hearing without Ms. Ortiz? Analyze the program, competence, and supervision issues and recommend immediate steps.
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Nadia should not appear alone unless her written supervision plan expressly authorizes unsupervised contested hearings. The permit's scope controls; the supervisor's oral 'use your judgment' cannot expand a court-approved plan. Under professional responsibility rules, a lawyer must provide competent representation, and a supervising lawyer must make reasonable efforts to ensure the supervised person's conduct conforms to the rules. A first contested hearing on a default motion, with a client who has a confidentiality concern and an opposing counsel who represented the client's spouse, is not a routine appearance. The practical answer: call Ms. Ortiz immediately; if she cannot attend, seek a short continuance or arrange for another approved supervisor to appear. If the court will not continue, Nadia may appear only if the plan permits and she can competently handle the hearing; otherwise, she should explain the situation to the client and the court without disclosing confidential information. Do not let the client sign an affidavit or present financial information without addressing the confidentiality issue.
2. How should Nadia handle Mr. Chen's concern about the financial affidavit and the opposing lawyer's prior representation of his wife?
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The opposing counsel's prior representation of the wife does not automatically disqualify him from the debt case. The wife is not Nadia's client, and the debt collector is the adverse party. But if the wife's divorce lawyer obtained confidential financial information about Mr. Chen that is substantially related to the debt case, Mr. Chen may move to disqualify or seek a protective order. More immediately, Mr. Chen's financial affidavit may become part of the public record. Nadia should check local rules for filing under seal or in camera, redact account numbers and unnecessary details, and ask the court to limit access. She should not promise that opposing counsel will never see the affidavit if it is filed publicly. She must also avoid using the wife's confidential information, which Nadia does not possess. The client's instruction to hide the affidavit may conflict with the court's need for financial information; explain the consequences and let the client decide the objective, but do not misrepresent or conceal required information.