Wild Wild Law: Legal Antics and Jurisprudence in Nevada

The Latest Headlines

2010-12-27T19:26:00.002-08:00

A couple of headlines that I don't see mentioned in the comments yet today...

Someone started a fire at Family Court. Perhaps Judge Moss was purging her naughty and nice list? You know, if she had one.

Awand was held in contempt for refusing to testify before a federal grand jury. Anyone surprised?

Sandoval has pets. Steve Wynn has Monegasque citizenship. These are both news, but neither the Sun nor the RJ has yet to cover Vega's antics. Oh, wait, it was in the RJ's forums. That counts, right?

2010 Wrap Up: Asshat of the Year

2010-12-23T08:05:00.000-08:00

Who is your asshat of the year? Preferably a member of the legal community.

(I can't wait to see how many votes that Righthaven guy gets...)

2010 Wrap Up: Lawyer of the Year

2010-12-23T08:00:00.000-08:00

Let's do something positive for once. Who is your lawyer of the year? Why? Let's try to be nice. The next post is negative, so you'll get your chance.

2010 Wrap Up: Favorite or Most Annoying Comment Trend

2010-12-22T11:00:00.000-08:00

Here's your chance to shine, Double Kickstands! Or, FIRST! What was your favorite trend, as the trolls slowly took over?

2010 Wrap Up: Best Legal Story

2010-12-21T19:58:00.001-08:00

Unless you are trapped as a juror for 20 hours, the year is winding down and most of you are probably on vacation, so let's have some fun over the next couple of days and do a year-end wrap up.

What was your favorite legal story this year? Does one stand out? (There will never be another Halverson.)

Friday Open Thread: Have at it

2010-12-17T08:00:00.000-08:00

Like a rainbow, it's the Friday open thread!

I'll start. Who is your favorite for the three finalists for Judge Wall's open seat? Peyton, Davidson or Tao.

Troy Peyton wins the coveted Elle Woods endorsement. He is in the top three opposing counsel that I've ever had. Davidson is second. I have no clue who Tao is.

Double cartwheels and round-off for Peyton! (No? It can only be a double kickstand? Fine.)

It's That Time of Year

2010-12-16T19:18:00.001-08:00

You guys are doing a damn good job posting links to the news in the comments. I'm not going to post the same things here. I'm tired. From being a judge. Or being Joe's JEA. Or from mourning Joe. Or from being Joe's boss and firing him for finding out who he was so that he wouldn't find out who I was.

So let's talk about what people really want to know at this time of year.

Bonuses. How much did you get? Does the economy still suck or are the bonuses bouncing back?

And don't worry. I'm scheduling an open thread for tomorrow morning. You can talk about bonuses here and other stuff there.

(And for the person who said that we should stop paying for our servers and cancel everything - Blogger is free. That's how we keep it anonymous. Otherwise, don't you think Stokes would have sued our asses by now?)

The State of the Blog: Elle's View

2010-12-06T22:18:00.000-08:00

I realize that Joe handles the bulk of the posting and I just jump in now and then. Although, what you don't realize is that I am typically adding content to the comments anonymously. Real content. I'm not adding "first." I'm not speculating on the plastic surgeries of any judges. I'm not rehashing the same gossip that went on a year ago.

A lot of people are bitching that the site has lost its edge. But, here's what you need to remember - you have attorneys who are writing the content. As our workloads ebb and flow, so will our ability to post. You may notice that there aren't ads on the site. This is an unpaid position. I'm not here all of the time because I can't be. I have clients, just like you have clients. (Except the law students who read the blog.)

In recent months, readers have stated that the blog has jumped the shark, but I want to make a note about the comments. What in the hell is happening in the comments? (Anonymous said? Come on, now.)

This used to be a site where people could discuss legal gossip and the legal community. We discussed jobs, salaries, billing requirements, judges, etc. For a taste of the current comments, scroll through the Thanksgiving Open Thread. It isn't as simple as the post content changing. The readers and comments are also changing the dynamic.

Here you go. Here's your forum. Here's your open thread to discuss the state of the blog.

As always, you can email actual tips to ewoodsesq@gmail.com.

Thanksgiving Open Thread

2010-11-24T08:00:00.000-08:00

Happy Turkey-Eve!

Enjoy your long weekend (assuming, of course, you're caught up on billables).

Gobble! Gobble!

Pedo-Counsel

2010-11-22T08:00:00.000-08:00

Las Vegas attorney Richard L. Crane has been "temporarily suspended" from practicing law after pleading guilty to one felony count of sexually motivated coercion. From the RJ:

Crane was arrested in August 2009 in a Henderson police sting that nabbed men seeking to meet underage boys and girls via Craigslist.com.

According to Crane's arrest report, he believed he was speaking to a 15-year-old girl, and asked when she would turn 16. Crane asked questions about the girl's sexual history and asked on several occasions to "hang out," the report stated.

Crane is was a member of the Willick Law Group, where his bio used to read as follows:

Richard “Rick” Crane

Mr. Crane received his B.S. degree in General Studies from Excelsior University in 1996 and his M.S. degree in Management from Troy State University in 1997 while serving overseas with the United States Navy. Upon his return to the United States, Mr. Crane received his J.D. degree in May 2005 from Thomas Jefferson School of Law in San Diego, California. Mr. Crane has represented the Government's interest in administrative hearings and performed an internship with the San Diego Public Attorney's Office prior to retiring from the Navy after 30 years of service.

Crane also authored a letter to the Editor of the June, 2007, Nevada Lawyer magazine entitled,
How Low Does the Bar Go? Surprising a guy like this chose to go by "Rick."

(Full Bio (PDF); LVRJ; Thanks, Tipsters!)

Friday Open Thread

2010-11-19T08:00:00.000-08:00

Happy Friday everyone!

Don't forget to tip us with your firms' holiday party plans.

Always Name the Rent-A-Cop

2010-11-18T08:00:00.000-08:00

Our Supremes reinstated a legal malpractice suit against Las Vegas attorney Dennis Myron Leavitt filed by a woman who accused him of professional negligence. The Court found that Judge Miley erred by finding the disgruntled client failed to file her claim within the two-year statute of limitations.

From the LV Sun:

Hall says in April 2005 she and her boyfriend were in the laundry room at the Casa Rosa apartments when a security guard entered, pulled a gun, cocked the pistol, yelled multiple profanities at the couple and threatened to kill them.

The security guard, employed by Security One, was arrested, says Hall, who alleges she was traumatized and forced to undergo extensive psychological treatment.

Leavitt apparently forgot to name the security guard personally as a defendant. Whoops.

(LV Sun)

The Perfect Gift?

2010-11-16T08:00:00.000-08:00

A Tipster sent us the following photo:

For you ~~old~~ seasoned attorneys, the small print reads:

The perfect gift for law students and lawyers
A great gift for law students, both throughout law school and to help prepare for the Bar Examination. With "Passing The Bar" flashcards, your favorite law student will spend more time studying in an enjoyable, fun setting. Fun for lawyers too! The game includes 350 Multistate Bar Examination ("MBE") Cards (featuring legal questions modeled after the MBE), and 100 Justice Cards (featuring celebrity run-ins with the law, movie quotes from notorious and gripping courtroom dramas, outrageous verdicts and alike). Additional game cards (sold separately) includes 450 questions from previous Bar Examinations, released by the NCBE.

All yours for only $69.99 (game) and $59.99 (additional game cards)! Were any of you able to make it through that paragraph without cringing?

(Thanks, Tipster!)

Friday Open Thread

2010-11-12T08:00:00.000-08:00

Happy belated Veterans Day everyone!

Hope you all enjoyed the 8.0 (or the odd, mid-week day off ... depending on your circumstances) in honor of the brave men and women who fought for our country.

Where is your firm's holiday party this year?

2010-11-10T08:00:00.000-08:00

It's time once again for you guys & gals to report on the holiday shindigs your various firm will be throwing for their ungrateful attorneys and staff to under-appreciate this year!

Let us know where your firm will be holding its holiday party, along with any bonus perks that may be provided (open bar, limos, midget elves, Charo, etc.). We will post the results in a few weeks.

Past holiday party survey results can be seen here and here.

Who would be your top three?

2010-11-09T08:01:00.000-08:00

A helpful commenter has provided a list of the names purported to be up to fill the vacancy left after Judge Wall sold his soul. According to our commenter, these are the names up to fill Wall's shoes:

• Lucinda L. Coumou, 47, Las Vegas, Clark County District Attorney’s Office
• Philip J. Dabney, 51, Henderson, Holland & Hart LLP
• Michael D. Davidson, 56, Las Vegas, Kolesar & Leatham
• Michael A. Federico, 39, Las Vegas, of Olson, Conner, Gormley & Desruisseaux
• Craig B. Friedberg, 52, Las Vegas, Law Offices of Craig B. Friedberg
• Bruce L. Gale, 55, Las Vegas, Law Offices of Bruce L. Gale
• Kurt K. Harris, 46, Henderson, Harris Law Office
• Martin Hart, 47, Las Vegas, Law Offices of Martin Hart
• James A. Kohl, 45, Las Vegas, Howard & Howard
• Michael A. Koning, 60, Las Vegas, Law Offices of Michael A. Koning P.C.
• Judge Chris Lee, 36, North Las Vegas, North Las Vegas Justice Court
• Charles J. Lybarger, 48, Las Vegas, Law Offices of Charles Lybarger
• Troy E. Peyton, 50, Las Vegas, Troy E. Peyton, P.C.
• Marc D. Risman, 55, Henderson, Law Offices of Marc Risman
• David J. Rivers, 63, Las Vegas, Leavitt, Sully & Rivers
• Beverly Salhanick, 52, Las Vegas, Law Offices of Beverly Salhanick
• Jerome T. Tao, 42, Las Vegas, Clark County Public Defender’s Office
• Jeffrey J. Whitehead, 50, Henderson, Jeffrey J. Whitehead, Esq.
• Bernard B. Zadrowski, 45, Las Vegas, Clark County District Attorney’ s Office

If that list is accurate, three names will be chosen from it by the Judicial Selection Committee and forwarded to the governor, who will then appoint Wall's replacement.

If it were up to you, who from the above list would make your top three?

(Thanks, Commenter!)

Plaintiff's Powerhouse Building on Hold

2010-11-09T08:00:00.000-08:00

Looks like the Mainor Eglet and Vannah Vannah building will have to wait until someone can figure out what to do with the existing home already on the land, which once belonged to Charles P. "Pop" Squires, one of the founders of Las Vegas.

Any chance they'll call it "The Walsh Building?"

(LVRJ; Thanks, Tipster!)

Friday Open Thread

2010-11-05T08:00:00.000-07:00

Happy Friday everyone!

Now that we have those pesky elections behind us, what else is going on?

Election Post-Mortem

2010-11-04T08:00:00.000-07:00

We've already had some talk of this in our previous thread, but let's make it official now that we've had a chance to digest the results.

What are your thoughts on the way the elections turned out? We've previously listed the candidates that most affect our legal community; the results can be found, here. What do you think ... did the voters get it right?

Also, there were two ballot measures that went down in flames, as ATL commented:

In Nevada, the people voted to protect their right to vote for state judges. That’s not surprising, people who have no understanding about what judges do want to pretend like their [sic] not horribly uninformed every two years.

Here's to (at least) two more years of a "horribly uninformed" voting public.

(LVRJ; LV Sun; ATL)

Election Day Roundup

2010-11-02T08:00:00.000-07:00

A potpourri of items for you on this fine election day:

If you happen to be voting in Laughlin, you may actually recognize one of the names running for constable as our frequent, fashion-conscious commenter.

ATL posted a story last week about Nevada attorney Jonathan Goldsmith's lawsuit over "mean Facebook Comments." Are we really into the upper 11,000's with bar numbers already?

CPK has posted the pics from its recent annual party.

U.S. District Court Judge Roger Hunt granted a TRO and ordered Joanna Kishner's censure to be rescinded. We imagine it may be difficult to un-ring that bell. (PDF of Order)

Meanwhile, judicial candidate Ron Israel was censured for exposing his political party on a campaign flyer. (LV Sun)

(Thanks, Tipsters!)

Friday Open Thread: Holiday Weekend Addition

2010-10-29T08:00:00.000-07:00

Happy ~~Halloween~~ Nevada Day!

Enjoy your (hopefully) long weekend. Here's a chuckle for the five of you who haven't already seen it:

It's Nice To Be Loved ...

2010-10-28T08:00:00.000-07:00

Cam Ferenbach, "the highly respected president of the State Bar of Nevada, a shareholder in the prestigious Lionel Sawyer Collins firm and a 30-year veteran of the profession," recently spoke at the swearing-in ceremony our new July admittees. His topic was avoiding professional unhappiness.

His example was from our comments.

Lovely to have such a highly respected member of our bar citing our humble little blog in such an important speech. Although we have a sneaking suspicion we may have just uncovered the identity of "double kickstands guy."

(LV Legal News; Thanks Tipster!)

Kishner Gets Censured

2010-10-28T07:59:00.000-07:00

From the RJ:

A judicial ethics panel censured Clark County district judge candidate Joanna S. Kishner on Monday for making "reckless" statements about her opponent, Philip J. Dabney.

The Standing Committee on Judicial Ethics and Election Practices found Kishner knowingly made reckless statements that omitted facts about Dabney during their joint appearance on the Sept. 13 television show "Face to Face with Jon Ralston." Dabney and Kishner are candidates for the Department 31 district judge seat in Clark County.

A censure is a public reprimand.

Well, it's kind of like a public reprimand ... except for the "public" generally only includes people who read the small print in the back of legal publications.

(LVRJ; Thanks, Tipsters!)

Mixed Juice

2010-10-26T08:00:00.000-07:00

Last week, the Nevada Supreme Court (specifically the three justice panel of Cherry, Saitta and Gibbons) decided that O.J. Simpson got a fair trial and his conviction should stand - and the decision had nothing to do with the fact that he killed his ex-wife and her boyfriend and got away with it.

In the same breath, the same panel decided that C.J. Stewart did not get a fair trial and reversed his conviction - you know, because O.J. Simpson killed his ex-wife and her boyfriend and got away with it.

What do you guys think ... did they get it right?

(Simpson Decision (PDF); Stewart Decision (PDF); LV Sun; Thanks, Tipster!)

How does your small firm salary stack up?

2010-10-25T08:00:00.000-07:00

That other (far superior) legal tabloid Above The Law is doing a series on small law firms, and has started publishing the results of its survey of small firm lawyers regarding their salaries. With over 650 respondents, they had a pretty good sample size, and came up with some interesting numbers.

Check it out. If you work for a smaller firm, let us know if the figures look accurate for our market.

(Thanks, Tipster!)

Friday Open Thread

2010-10-22T08:00:00.000-07:00

Happy Friday Everyone!

Get out there and early vote this weekend.

Righthaven Loses MTD

2010-10-22T07:59:00.000-07:00

Everyone's favorite bluetool lost a Motion to Dismiss on Tuesday based upon the application of fair use doctrine - the first of what will hopefully be many in his overzealous copyright suit-o-rama.

The attorney who handed Gibson the loss was Sergio Salzano of Lynch, Hopper & Salzano, LLP. U.S. District Judge Larry Hicks was presiding.

Although the court dismissed Righthaven’s claims, Salzano and Gibson reached a confidential settlement based upon "other potential infringements."

(LV Sun; Thanks Tipsters!)

Penny for your picks ...

2010-10-20T08:00:00.000-07:00

In last week's Open Thread, an anonymous commenter asked our WWL brain trust to help her out with judicial picks for this election season. We think this is a great idea, and wanted to give it the full post it deserved. Nobody knows these candidates better than our readers!

Commenters, here's your mission: Copy and paste the candidates listed below into your comment, and let us know who's got your vote (or who you will definitely not be voting for). If you're up to it, give us a Twitter-style (read: short) parenthetical explaining the reason for your decision.

District Court

Gale or Sturman
Allf or Beckstead
Howard or Israel
Pollock or Scann
Davidson or Wiese
Dabney or Kishner
Bare or Stoebling

Family Court
Jones or Maskall
Eccles or Gonzalez
Ochoa or Wallace
Nathan or Piazza

Justice of the Peace

Abbatangelo or Marshall

Kephart or Kuzemka

Bennett or Kurth

Baucum or Gubler

Hafen or Zadrowski

Hill or "Batman"

District Attorney

Roger or Chairez

Sheriff

Gillespie or Bisch

Attorney General

Masto or Barrick or Hafter or Hansen

(Thanks, Voting Girl!)

Candelaria Decision Posted

2010-10-18T08:00:00.000-07:00

The Nevada Supreme Court has issued its decision in In re Candelaria.

As you may remember, this was the case of Boyd Law ~~student~~ graduate Amber Candelaria, who attempted to meet the judicial candidacy requirements of NRS 4.010(2)(a) for justice of the peace by relying on her invoice from the State Bar requiring her to pay the dues of a fifth year attorney.

Justices Cherry and Saitta were "deeply troubled" by the majority justices defining a year as (generally) 365 days, and filed a dissent to the opinion. Hooray for elected judges!

(Opinion; Thanks, Tipsters!)

Friday Open Thread

2010-10-15T08:00:00.000-07:00

Happy Friday everyone!

What else is going on in the legal world?

Very effective assistance of counsel ...

2010-10-13T08:00:00.000-07:00

Time to open up the rumor mill!

Here's what we've heard about the so-called "PD scandal" so far:

A female deputy public defender (let's call her Suzy Squarebush) allegedly got caught giving an inmate (let's call him Prince Charming) oral sex while visiting the inmate at Clark County Detention Center.

Suzy was allegedly caught because she photographed the act, and sent the photos to Charming's cell phone (how an inmate has a cell phone, we have no idea). Charming then allegedly showed the photos around to some inmate friends ... thus blowing everything. [Rimshot!]

Anyone have more information on this?

(Thanks, Tipsters!)

Las Vegas Sun gives their judicial candidate endorsements

2010-10-13T07:59:00.000-07:00

On the heels of the RJ, the LV Sun has released their judicial candidate endorsements.

What do you guys think?

(LV Sun)

WTF Syndrome?

2010-10-12T08:00:00.000-07:00

What do you do when business is slow? Create your own niche, of course.

If you're Kurt Harris, you make up an ailment, then you get an "expert" to legitimize it, then you offer to sue on behalf of people with your made-up ailment. Genius!

Bonus points if you're able to get elected to the bench and recognize said "expert" as qualified to testify regarding said made-up ailment.

(Thanks Commenters!)

RJ Announces Endorsements in Contested Judicial Races

2010-10-11T13:23:00.000-07:00

Elections are getting close. The Review Journal released its endorsements.

District Court Endorsements

Family and Justice Court

What do you think of their selections? Do these candidates have your vote or did the RJ get it wrong?

UPDATED: Now with working links!

Friday Open Thread

2010-10-08T08:00:00.000-07:00

Happy Friday everyone!

It's been a good week for some of you newly-minted (pending swearing in, of course) attorneys.

Congratulations to those who passed, condolences to those who did not. Hope to see all of you out at the big CPK bash tonight!

Happy Bar Results Day!

2010-10-07T08:00:00.000-07:00

It's that time again ... time for all you out-of-state J.D.'s (and some of you Boyd students) to sweat it out. Nevada may be the wild wild west of the legal world, but we have a very difficult bar exam that you must pass before we allow you to go out and commit unrestrained malpractice.

Don't worry, we're sure ~~most~~ some of you did fine. For the rest of you ... well, we know of a pretty sweet party tomorrow night where you can drown your sorrows.

Commenters, how about posting some happy thoughts for our soon-to-be-hyperventilating pals? Let them know that life goes on, regardless of the results ... tell them your tales of woe.

Results are usually posted around 1:00 PM ... press button below to check.

Good luck!! Don't forget about tipping us when you become big shot attorneys!

County commission panel to study coroner's inquest process

2010-10-06T08:00:00.000-07:00

Because, as we all know - nothing solves problems like convening a panel.

(LVRJ; Thanks Tipster!)

Revisiting Landreth v. Malik

2010-10-06T07:59:00.000-07:00

The Nevada Supreme Court in an en banc setting on Monday reheard the "landmark" Landreth v. Malik, 125 Nev. Adv. op. 61 (2009), a case that limited the jurisdiction of state family courts to married parties and children, but not unmarried, childless cohabitating couples.

Any guesses as to how the Supremes will come down on this one?

(Las Vegas Legal News)

Jobs!

2010-10-05T08:00:00.000-07:00

Wilson Elser Moskowitz Edelman & Dicker LLP's Las Vegas office is currently seeking to fill several associate positions. All types of civil litigation and one specific to med mal. From their website:

Wilson Elser is a full-service firm with clients in the United States, Latin America, Europe and Asia. Domestically, we are ranked among the top law firms identified by The American Lawyer and listed in the "Top 50" by The National Law Journal.

Call (702) 727-1400 to inquire.

"Bad Service" Trial Begins

2010-10-05T07:59:00.000-07:00

Defense attorney Craig Mueller has promised the trial of Maurice Carroll will be a "barn burner." Judge Elissa Cadish will be presiding, with Boyd grad Mike Staudaher for the prosecution.

From the RJ:

The felony charges against Carroll focus on civil cases in which 17 people were sued by Richland Holdings. In each case, the defendant was hit with a default judgment. In some cases, defendants told police they were working when Carroll's employees claimed in affidavits to have found them at home.

(LVRJ; Thanks, Tipster!)

Do you really need an invitation?

2010-10-04T08:00:00.000-07:00

Once again, the nicest guy in P.I. is preparing to host one of the biggest lawyer shindigs of the year.

This years CPK "Open House" is this coming Friday (10/08/10) at 5:00 PM. Live music will be provided by Acoustic Soul, followed by a D.J. for those of you who like to shake a leg. Grub will be provided by Chino & Antonio's Pizza.

For those of you new to the scene, Craig's parties are a great place to eat, drink and walk that thin line that separates debauchery from disbarment. But seriously, there is no better networking opportunity for those of you seeking to make some law-friends. Pictures from last year's festivities are available here.

For those of you more experienced CPK party-goers, let's hear your favorite moments from years past. Hope to see you all there!

Friday Open Thread

2010-10-01T08:01:00.000-07:00

Happy Friday everyone!

What's happening?

George Foley Sr., Dead at 88

2010-10-01T08:00:00.000-07:00

George Foley Sr., former Clark County district attorney and all-around good guy, died last Sunday night.

Please use this thread only for condolences and stories about George.

(LV Sun)

Erik Scott Shooting Found Justified

2010-09-30T08:01:00.000-07:00

The coroner’s inquest jury on Tuesday found the Metro Police shooting death of Erik Scott justified. Anybody surprised?

(LV Sun)

What Slips in Vegas, Sues in Vegas

2010-09-30T08:00:00.000-07:00

A national insurance group has ranked Las Vegas No. 4 in the nation for "questionable slip-and-fall claims." Congratulations?

(LVRJ)

Oh-No-He-Di-Nit!

2010-09-28T08:00:00.000-07:00

Don Chairez (the man running against current Clark County District Attorney David Roger) has officially fired the first negative-campaign shot via a television ad:

When reached for comment, Mr. Chairez stated he would have sought the death penalty for Ms. Hilton - citing The Hottie & The Nottie as his aggravating circumstance.

(Thanks, Tipster!)

Too much "Hard" not enough "Rock"

2010-09-28T07:59:00.000-07:00

From the LV Sun:

The owner of the international Hard Rock brand no longer wants its name associated with the Las Vegas Hard Rock hotel-casino and is suing to cancel their licensing agreement, citing negative publicity from the Rehab pool parties and reality TV series.
Not sure about you guys, but there isn't enough chlorine in the world to get us to dip our toe into that pool.

(LV Sun)

Guest Post

2010-09-27T08:00:00.000-07:00

[Ed note: A little while go we received an email from a WWL "fan/reader" who wondered if our audience would be interested in a little "prose" every once in a while to break up the legal gossip posts. We're willing to try anything once--and who are we to deny someone the potential wrath of our commenters--so we asked him to put together a sample. Here, for your enjoyment, is our brave friend's post. Let us know what you think.]

Post retracted at request of writer. Retraction post not posted out of respect for readers.

Friday Open Thread

2010-09-24T08:01:00.000-07:00

Happy Friday everyone!

Let's make this the most funtastic open thread ever!

Walton may have more than a missing $4 million to worry about ...

2010-09-24T08:00:00.000-07:00

According to the RJ, Stan Walton also failed to file a formal answer to a Nevada State Bar complaint alleging he "misappropriated" $20,000 given to him by a client in an unrelated case.

Oh, and he may have been appointed as special prosecutor in a domestic violence case in which said client was the victim.

Oh, and he may have been "intimate" with said client.

Oh, and the complaint involves Walton recommending "gold Mexican bearer bonds" as an investment to said client.

See where this is going?

(LVRJ; Thanks, Tipster!)

Set Your Tivos!

2010-09-22T08:01:00.000-07:00

Tonight is the night. The Cristalli & Saggese-inspired legal "bromance" The Defenders premiers at 10:00 p.m. on CBS.

Check it out and let us know what you think.

Finally, Some Northern Nevada Dirt

2010-09-22T08:00:00.000-07:00

Ken McKenna, a well-known Reno lawyer, has been charged with two federal misdemeanor counts of failing to pay taxes.

(RGJ; Thanks, Tipster!)

Here We Go Again ...

2010-09-22T07:59:00.000-07:00

Our old friend (and convicted felon) Howard Awand has been subpoenaed to appear before a federal grand jury to answer questions about the "Medical Mafia." Could this be the beginning of Round 2?

(I-Team; Thanks Tipster!)

Gibson 2.0

2010-09-21T08:00:00.000-07:00

Things aren't looking good for the man who makes Nevada's lowest bottom-feeding attorneys look like crusaders of justice.

First, the Electronic Frontier Foundation joined the fight, signing on to represent the Democratic Underground LLC in one of the high-profile Righthaven lawsuits.

Then, newly-appointed U.S. District Judge Gloria Navarro set aside one of Gibson's many default judgments, finding that the "implied license" defense may have some merit:

"The defendant has reasonably asserted that the plaintiff’s conduct may have constituted an implied license and that the defendant may have properly inferred that the (copyright) owner consented to the use, especially in light of the established and accepted custom of users freely and openly sharing certain information posted on the Internet."
Not a good week to be sporting a gigantic bluetooth headset.

(LV Sun)

Stan Walton's Visit to CCDC Was Over Missing Millions, Ignoring Warnings

2010-09-20T08:00:00.000-07:00

Walton was appointed administrator over an estate that allegedly ended up with approximately $4 million in unaccounted-for funds. Walton apparently received "numerous warnings from probate court and several continuances" before being suspended as administrator of the estate in January 2009. Judge Cadish held Walton in contempt when Walton failed to appear for a judgment debtor exam after being admonished multiple times.

As an aside, what do you guys think is proper mugshot protocol for jailed attorneys - professional smile, or, as Mr. Walton went with here, silent rage?

(LVRJ)

Friday Open Thread

2010-09-17T08:00:00.000-07:00

Happy Friday everyone!

Seems like we just got done with an open thread, doesn't it? Time flies when you're ~~in a drunken stupor~~ billing like crazy!

U.S. News Ranks Nevada Firms; NBJ Ranks Nevada Lawyers

2010-09-17T07:59:00.000-07:00

How does your firm stack up? U.S. News also did a favorable write-up on Holland & Hart.

Nevada Business Journal cut through the junk and (sort of) ranked individual attorneys.

(Thanks, Tipster!)

Creepy "drone" protesters outside of the RJC on Wednesday

2010-09-17T07:58:00.000-07:00

Everyone has a cause.

For these people, the cause is apparently getting more American fighter pilots killed in battle.

(LV Sun; Thanks, Tipster!)

PoPo Outside of Richard Harris' Office Last Week

2010-09-17T07:57:00.000-07:00

Apparently a disgruntled client. Nobody was shot.

(Thanks, Tipster!)

Patrick Murphy, Esq., dead at 56.

2010-09-16T08:00:00.000-07:00

We've lost another of the greats. We wish Patrick's friends and family the best. From his obituary:

Memorial "wake" in remembrance of Mr. Murphy will be 5:30-8 p.m. this Thursday, Sept. 16, in the ballroom located on the second floor of the California Hotel and Casino.

In lieu of flowers, it was Mr. Murphy's fondest wish that his friends send each other copies of the 1952 John Ford film, "The Quiet Man," starring John Wayne, Maureen O'Hara and Barry Fitzgerald.

Awesome. Well done, Pat.

Please use this thread only for well-wishes and condolences.

Lerner Complaint

2010-09-16T07:59:00.000-07:00

Here is a copy of the Heavy Hitter Firm Complaint everyone has been talking about. Take .2 and give it a read.

(Thanks, tipster!)

UPDATE:

Thanks to Anon 8:54PM, we have pictures of the event. Could these be the young ladies mentioned in the complaint?

Friday Open Thread

2010-09-10T08:00:00.000-07:00

Happy Friday everyone!

What's going on?

Just imagine what the people in Nye County who aren't the DA are up to.

2010-09-09T08:00:00.000-07:00

Our favorite drunken fraudster DA has done it again.

Nye County District Attorney Bob Beckett was arrested on suspicion of DUI a little before 11 p.m. on Tuesday. Now in lame-duck status after four terms in office, what has he really got to lose? Live it up, Bob.

(LV Now)

CCDA and NLV Courts Continue Pissing Match

2010-09-09T07:59:00.000-07:00

That August 3rd deadline came and went without incident, but North Las Vegas Justice of the Peace Stephen Dahl decided to lob a grenade at the Clark County District Attorney's office over the weekend.

Speaking to the press, Dahl claimed that 20% of felonies go unpunished for lack of a prosecutor. From LV Legal News:

“We dismiss a lot of cases,” he said, and there is a price to pay. This fiscal year, 2,625 felony arrestees were charged in North Las Vegas. Dahl said 539 were dismissed. Most of them, he said, were dismissed “pursuant to statute,” meaning the state failed to meet deadlines, such as holding a plea hearing for a detained person within 72 hours, or a probable cause review within 48 hours.
Dahl goes on to talk about a case where a man was released on a domestic violence charge and proceeded to kill his girlfriend and himself.

District Attorney David Roger says it's a funding issue:

The issue is manpower. District Attorney David Roger said he can’t send three deputies to North Las Vegas Justice Court because there are dozens of unfilled positions. “We’d love to have a prosecutor for every courtroom in the county,” said Roger, “but we’ve lost 60 positions.”

Our tipster tells us that the DA now sends two deputies to North Las Vegas - one stays in Dahl's courtroom the entire time, and the other goes back-and-forth between JP Natalie Tyrrell and JP Chris Lee. If true, we're not sue what Dahl has to complain about - but Tyrrell and Lee should be pissed!

It looks like Dahl is essentially calling Roger to the mat. The response, if there is one, should be interesting.

(LV Legal News; Thanks Tipster!)

Motion Denied

2010-09-08T08:00:00.000-07:00

Yesterday, Clark County commissioners voted 5-2 and denied the Clark County court system's request to hire former state Assemblyman Morse Arberry as a lobbyist. From the LV Sun:

Some commissioners said they opposed the courts or anyone else using public funds to hire a lobbyist for the state Legislature.

Other commissioners said they didn't mind the court system having a lobbyist but opposed hiring a former assemblyman without a "cooling-off" period. Arberry resigned his post in the Assembly last week.

In the end, only commissioners Tom Collins and Lawrence Weekly voted in favor of the court's request.
Commission Chairman Rory Reid came down on both Chief Judge Arthur Ritchie and Chief Judge Ann Zimmerman for their rather simplistic "because I can" arguments ... right before the democratic candidate for governor apparently turned into a racist:

Former state Sen. Joe Neal came to the meeting to speak in support of Arberry, but was told by Reid that he wouldn't be allowed to speak until the public comment period.

“I have tremendous respect for you, but I can’t offer a senator a special privilege. This isn’t a public hearing,” Reid said.

When the time for public comment arrived nearly two hours later, Neal got up and condemned the commissioners, saying they neglected to consider all of the facts involved in the decision and discriminated against Arberry, who is black, because of his race.

“You didn’t take it into consideration because he was a black person, and you did not allow me to come up and speak because I sit there as a black person,” Neal said.

Playing the Ace of Race on a gubernatorial candidate ... priceless.

Looking past the county commissions' clear racial bias (if you can), why does the court need a lobbyist? Remember: "because they can" is not an appropriate answer.

(LV Sun)

Friday Open Thread: Holiday Weekend Edition

2010-09-03T08:00:00.000-07:00

Happy Friday everyone!

Enjoy your holiday weekend! Assuming, of course, you're caught up on you billables.

Oh good, at least we have a theme now ...

2010-09-01T08:00:00.000-07:00

A helpful tipster sent in the following photo, taken Monday outside of the RJC:

Yes, that appears to be a Halloween/stripper cop uniform she is wearing.

Stay classy, Scott Holper, Esq.

Everybody Loves Rick?

2010-09-01T07:59:00.000-07:00

According to his Tuesday facebook posting, local attorney Richard Harris "just got back from Toronto where he met with producers of a new reality show featuring our law firm. The Canadian film crew followed us in June as we worked and played."

Ideas for the name of the show?

That damn UCC!

2010-08-30T08:00:00.000-07:00

A Henderson man who goes by the name of "John Theodore:Anderson" has sued a Utah law firm for $38 quadrillion [pinky to mouth]. From freerepublic.com:
The dispute stems from a complaint Anderson originally filed against clients of the law firm of Shumway, Van and Hansen for $918 billion. Shumway said his client, Private Capital Group et al, came into possession of mining property in Southern Utah recently after the original owner of the mine defaulted on a loan. The capital group then tried to sell the property, and Anderson put a $918 billion lien on it. In response, Shumway filed a lawsuit for $10,000 in damages to remove the lien, because he said the property cannot be sold with a cloud on the title.
At least one of the defendant-lawyers seems to be maintaining his composure despite facing the possibility of a judgment for more money than is currently in circulation:

Civil litigation can get redundant, Shumway said, so he said he enjoys getting cases that are off the wall procedurally. He said it provides the firm with experiences that most attorneys never deal with.

"This case, no matter how strange or funny, makes us better at our jobs because you can't just go A to Z," he said. "Mr. Anderson is throwing numbers and smiley faces into my alphabet, and I appreciate that, even though in the end I think he will be sorely disappointed with the result."

Go get 'em, Mr. Crazy Pro Se Litigant.

(FreeRepublic.com; Thanks, Tipster!)

Friday Open Thread

2010-08-27T08:00:00.000-07:00

Happy Friday everyone!

Hope you all had a wonderful week. What's going on in the Nevada legal world?

Sidebar: Race to the Advertising Bottom?

2010-08-26T08:00:00.000-07:00

Scene: A bikini-clad woman standing on the southeast corner of the Regional Justice Center holding a large sign advertising traffic ticket services for Vegas Ticket Masters.

Discuss.

Appointment v. Election

2010-08-24T08:00:00.000-07:00

The LV Sun posted an article yesterday entitled "Judge who? The debate over appointment versus election." As you've probably guessed, the article is about Question 1 on November’s ballot, which would amend the constitution to change how Nevada selects judges. And our girl Liz is, of course, the poster child.

From the LV Sun:

The ballot measure would create a Judicial Selection Commission. Supreme Court nominees would be chosen by the chief justice; four attorneys appointed by the State Bar’s Board of Governors; and four nonattorneys appointed by the governor.

District Court judges would be appointed by the same panel, plus two attorneys who are residents of the judicial district appointed by the State Bar and two lay residents of the district appointed by the governor.

This unquestionably concentrates a lot of the power in the hands of the governor and the State Bar.

But critics of the current process say it’s a better alternative to what is a broken system.

What do you guys think - this may be a "better alternative," but is it the best alternative?

The truly scary part (to us anyway) is the tiny poll off to the side of the article which, at the time of our reading, was about 50/50 for appointed/elected judges. Yikes.

Here's a typical comment on the article:

The answer isn't to punish the voters who go to the trouble to research the candidates by replacing their right to vote with an appointment system. The answer is to devise a system that makes it easier for voters to perform research on the candidates.

Why aren't court opinions et al available on the internet?
As for the District Courts, "Motion denied/granted" would not make for a very insightful read, and we have no idea what "et al" could be. Lunch orders? Hours of operation?

As for the Supremes, we're pretty sure their opinions are made public ... we just wish more people would actually read them.

What is the real problem here and how do we fix it, commenters? Do you think this ballot initiative is the answer?

(LV Sun)

Sidebar: Memory Lane

2010-08-23T08:00:00.000-07:00

We were cruising the archives the other day and noticed that the last time we (and by "we," I mean LE) did a Magic Number post was more than two years ago. Some commenters have been screaming for an update, and we've taken the position that in this economy the numbers really matter very little - if you are a first year associate in Las Vegas, you should really take what you can get.

While trying to get ourselves hyped-up to send out another survey (that would go largely ignored), it hit us: wouldn't it be easier just to post the old list and ask for updates? Lazy blogging, FTW.

So, here, ranked in order by highest (or best) "magic number" are the Vegas firms salaries as they stood back in July of 2008. For more information about LE's "Magic Number" methodology, look here.

Name $ per billable (Salary/Min Billable)
Watt, Tieder 73 ($145,000/2000 billables)
DLA Piper 72.5 ($145,000/2000 billables)
Duane Morris 69 ($135,000/1950 billables)
Ballard Spahr 68 ($133,000/1950 billables)
Fox Rothschild 68 ($125,000/1850 billables)
Snell & Wilmer 67 ($120,000/1800 billables) -- [only 1800 billables for 1st yr]
Fennemore Craig 65 ($125,000/1925 billables)
Payne & Fears 64 ($125,000/1950 billables)
Lewis & Roca 63 ($120,000/1900 billables)
Hale Lane 63 ($120,000/1900 billables)-- [incl. 100 required pro bono hrs--67 if excl. pro bono]
Lionel Sawyer 61 ($110,000/1800 billables)
Snell & Wilmer [2] 60 ($120,000/2000 billables)-- [2000 billables after 1st yr]

Greenberg Traurig 59 ($112,000/1900 billables)
Jennings, Strouss 58 ($110,000/1900 billables)
Bullivant Hauser 57 ($105,000/1850 billables)
Downey Brand 57 ($100,000/1750 billables)
Brownstein Hyatt 56 ($110,000/1950 billables)
Jones Vargas 55 ($102,000/1850 billables)
Fisher & Phillips 54 ($100,000/1850 billables)
McDonald Carano Wilson 54 ($100,000/1850 billables)
Santoro, Driggs 53 ($95,000/1800 billables)
Gordon & Silver 53 ($95,000/1800 billables)
Kummer Kaempfer 53 ($100,000/1900 billables)
Morris Pickering 51 ($95,000/1850 billables)
Marquis & Aurbach 50 ($100,000/2000 billables)
McCormick Barstow 46 ($80,000/1750)
Hutchison & Steffen 45 ($86,000/1900 billables)
Lewis Brisbois 43 ($84,000/1950 billables)
Alverson, Taylor 43 ($78,800/1840 billables)
Thorndal, Armstrong 31 ($68,000/2160 billables)

Other--not enough info for magic number:

Boies Schiller ($168,000/???? billables)
Jolley Urga 50 ($92,000/ avg of 1850 billables--no minimum listed)
Gordon & Rees ($????/1850 billables)

So there you have it. If you work for one of these firms and have updated info, please let us know in the comments. We are also interested in information regarding compensation for some of the larger plaintiffs shops.

Friday Open Thread

2010-08-20T08:00:00.000-07:00

Happy Friday everyone!

Now that we've got the comments about religion and Shakespeare history lessons out of our systems, what else is going on?

Criminal Charges Likely at Coroner's Inquest Today

2010-08-20T07:59:00.000-07:00

We received the following potentially juicy tip regarding the Trevon Cole coroner's inquest today:

David Roger was over to the AG yesterday and asked that they have a representative present at the coroner's inquest Friday.

This request has occurred only once before. The DA and AG have an agreement that the AG will file charges and prosecute any Metro officer found criminally liable by a coroner's inquest.

Our tipster thinks this request means that it is very likely charges will be filed today after the inquest.

The coroner's inquest is made up of a jury of seven who can reach three conclusions regarding a police-involved death: justified, excusable or criminal. In 34 years, only one case was ruled criminal in a coroner's inquest in Clark County.

(Thanks, Tipster!)

Looking for Work?

2010-08-19T08:00:00.000-07:00

If you are currently looking for more work, the following offer from Half Price Lawyers may be of interest to you:

We are reaching out to Nevada Lawyers who are looking for more work.

Half Price Lawyers is seeking to collaborate with attorneys with demonstrated expertise in the following areas:
Workers Compensation
Intellectual Property
Landlord Tenant
Estate Planning / Probate
Civil Litigation – Various types
Bank mediation
Loan modification
Debt negotiation
Labor and employment
IRS offers in compromise
Social security disability

Appearance attorneys who are willing to make court appearances when needed.

Interested persons should send an email to adam @ halfpricelawyers.com. Please include “WWL Posting” and the area of practice in the subject. Please also communicate your experience in the specified practice area, number of years practicing and whether you maintain a policy of malpractice insurance. Please also include your bar number and the major cross streets of your current law office. Compensation is generous and cases are plentiful.

[Even if you're not interested in the work, you should visit their website and let tiny Adam Stokes give you a tour.]

Jumping the Wall

2010-08-17T08:00:00.000-07:00

Once again showing who runs this town, Mainor Eglet has reeled in a couple of major players to fill that hole left by Cottle: Attorney Artemus Ham (of the Hall), and currently-seated District Court Judge David Wall.

Judge Wall's decision to leave the bench, effective August 27th (!), is certainly the shocker here. Wall is, in our humble opinion, the best judge currently sitting on the EJDC bench, and his absence will certainly be felt. We are clearly not alone in our respect for him - Wall was one of two judges (David Barker being the other) who scored a 91% retention rating in the latest Judging the Judges poll.

Which brings up an interesting issue (to us, anyway): Does an elected judge have a duty to the public that elected him to stay on the bench for his entire term? Wall's 6-year term does not expire until 2014. Assuming the world doesn't end in 2012, he's skipping out on the voting public (who - let's be honest - likely picked his name on the ballot because it's also a noun) a bit early.

What do you think, commenters? Should we hogtie Wall to the bench and force him to continue to make rational, informed decisions for the next 3.5 years? We know there's (apparently) no legal basis for making him finish out his term, but as an elected judge, should there be?

(News 3; Thanks, Tipsters!)

Friday Open Thread

2010-08-13T08:00:00.000-07:00

Happy Friday everyone!

We're still looking for tips re: the ticket-busting spammer. What else is going on?

APB for the RJC Cell Phone Spammer Firm

2010-08-12T08:00:00.000-07:00

Looks like that bomb scare/lawyer advertising rumor turned out to be true, although it turns out that the the "advertising" was a bit more nefarious than our tipster originally reported. From LV Now:

The evacuation of the Regional Justice Center last week may have been the result of a misguided advertising campaign.

Court marshals and Las Vegas police cleared the downtown courthouse for several hours last Tuesday to investigate a suspicious package found across the street. The package was a car battery with jumper cables used to power an electronic transmitter.

The device, according to knowledgeable sources, was being used to track email IP addresses from nearby cell phones.

The man who claims he planted it told investigators he needed the information to send email advertisements for a local traffic law firm. But sources say the man would not reveal the name of the attorney who hired him.

LV Now also has the police incident report, here.

One of the comments on the story is a bit scary:

Hiding transmitters have been going on for awhile. They just carried out this time very amateurish. What were they thinking that no one would see this package sitting on the ground, or just ignore it. Usually the people hiding the transmitter, pose as air conditioner personnel and hide the device on the roof, they get better range, and out of sight out of mind. Then they go back later and take their device down and down load the information and start making their calls for wiping out the traffic tickets for a small fee. Anything to make a buck. This practice isn't new, just stupid if it isn't done right.

Great, so people have just been leaving these devices on rooftops and gathering private data. Seems like the FCC should be looking into this.

Okay, we just know that one of our wonderful commenters knows what firm was attempting to steal cell phone numbers for advertising purposes. If you know which firm is pulling this crap, PLEASE out them in the comments - 100 WWL points* to the first Anon to identify the offending firm.

*Remember - 10,000 WWL points gets you a genuine (read, "plastic") WWL collector's spoon ... possibly used by Elle to eat her yogurt.

(LV Now; Thanks, Tipster!)

Jobs!

2010-08-12T07:59:00.000-07:00

Marquis & Aurbach is looking for attorneys (yes, plural) with 1-3 years of experience. Resumes, cover letters, and writing samples should be sent to: fflansburg at marquisaurbach.com

According to our tipster, the selling points are "competitive pay, very generous and predictable bonus structure."

Rumor Tuesday

2010-08-10T08:00:00.000-07:00

We have a few rumors to start off your week ... let us know if you have any details in the comments.

Craig Rankin, head of Lewis Brisbois Bisgaard & Smith's Las Vegas construction group, is reportedly being forced out of the firm a month ahead of a major trial dealing with yellow brass plumbing fittings with millions in exposure.

Our old friends at ATMS may be at it again, a helpful tipster sent us the following note:

Word has it that ATMS has again changed its attorney compensation structure. We all know that the attorneys there are basically hourly employees and only get paid by the billable hour. But now they are allegedly getting docked pay for any time that isn't paid for by the client. Most of the insurance carriers I've dealt with have a policy of docking 20% of the billable hours submitted no matter what, which would have a horrible effect on an ATMS attorney's paycheck...

And finally, we received this funny-if-true tidbit from a tipster:

Remember when the RJC was on lockdown last week? Well, word on the street has it that the entire thing was started by a "ticket busting" firm's failed attempt at advertising. Apparently, the firm hooked up a car battery to an alarm/speaker and left it across the street from the north entrance to the RJC. The plan was to have the speaker blast the firm's advertisement to the public waiting outside.

All didn't go as planned, because when the morons left, the "device" was noticed by someone and reported as suspicious. The "threat" became "credible" when police ran the plates of cars parked outside the RJC and noticed that two of them did not match the cars they were attached to.

That last one made us chuckle ... can anybody confirm?

(Thanks, Tipsters!)

Friday Open Thread

2010-08-06T08:00:00.000-07:00

Happy Friday everyone!

Now that we've got all the "douchebag" variations out of our system (we counted 27), what else is going on?

Mazzeo vs. Gibbons Suit Makes Us Fall In Love With A Judge

2010-08-06T07:59:00.000-07:00

United States Magistrate Judge Peggy Leen issued a bench slap in the Chrissy Mazzeo case scolding attorneys Walter Cannon and Robert Kossack, and it's a doosey.

Plaintiff filed a motion seeking an order prohibiting Cannon from "making improper speaking, argumentative, suggestive, and coaching objections during depositions." The opinion started out with Judge Leen expressing her frustration with the motion being filed on an "emergency" basis:

I am not the Maytag repairman of federal judges desperately hoping for something to do. Nevertheless, the motion remains on my docket until an order is entered, and Plaintiff’s counsel seeks sanctions.
When you get a quote like that early in the opinion, you know you're in for a treat. Her Honor went on to summarize the back-and-forth motions practice engaged in by the attorneys, wherein they accused each other of violating various procedural and ethical rules. Leen finally gave up and decided to give a law student a glimpse at his future:

To ensure that reading the 185 pages of these exchanges was not a complete waste of time, I assigned this motion to a law student extern to prepare a legal memorandum to further his education. In a short period of time he was able to prepare a well-written, concise memo which identified a large number of state and federal cases throughout the country articulating the standards for making deposition objections and identifying improper conduct for which lawyers have been admonished or sanctioned. He correctly concluded that both lawyers engaged in misconduct which violated Rule 30(c)(2).

Then she dropped the hammer:

The exchanges related in excruciating, repetitive detail in the moving and responsive papers and their attachments were painful to read. If I was an elementary school teacher instead of a judge I would require both counsel to write the following clearly established legal rules on a blackboard 500 times:

"I will not make speaking, coaching, suggestive objections which violate Rule 30(c)(2). I am an experienced lawyer and know that objections must be concise, non- argumentative and non-suggestive. I understand that the purpose of a deposition is to find out what the witness thinks, saw, heard or did. I know that lawyers are not supposed to coach or change the witness’s own words to form a legally convenient record. I know I am prohibited from frustrating or impeding the fair examination of a deponent during the deposition. I know that constant objections and unnecessary remarks are unwarranted and frustrate opposing counsel’s right to fair examination. I know that speaking objections such as “if you remember,” “if you know,” “don’t guess,” “you’ve answered the question,” and “do you understand the question” are designed to coach the witness and are improper. I also know that counsel’s interjection that he or she does not understand the question is not a proper objection, and that if a witness needs clarification of a question, the witness may ask for the clarification."
Hear that boys and girls? “If you remember,” “if you know,” “don’t guess,” “you’ve answered the question,” “do you understand the question” ... all improper objections in a depo!

As for Judge Leen's ultimate decision ... lashes all around:

IT IS ORDERED Plaintiff’s “Emergency Motion” (Dkt. #218) is GRANTED to the extent that Mr. Kossack and Mr. Cannon are admonished. Sanctions in the form of memorializing their misconduct in this order are imposed.

Oh, and ATL, the ABA Journal, and WWL will publish it as well. We heart you, Judge Leen.

(Full Opinion - PDF)

Sidebar: Fair Use

2010-08-05T08:00:00.000-07:00

Discuss.

(Photo courtesy LV Sun ... please don't sue us)

J.W.B.

2010-08-03T08:00:00.000-07:00

Above the Law and the ABA Journal picked up on a story about an ongoing lawsuit from an incident back in February 2008 regarding an altercation between attorney David Lee Phillips and Metro police officers.

Apparently, Phillips was out jogging at 11:00 at night wearing a sweatsuit and carrying a golf club to "fend off stray dogs" as he ran through the Bonanza Village subdivision ... Phillips likes to live life on the edge.

According to Phillips, as he crossed at the light heading North on Vegas Drive, he waived at Metro Sgt. Raymond Reyes who was stopped at the light, and who apparently doesn't like being waived at. From the RJ:

"He gave me a real hard look," said Phillips.

When the light changed, Reyes turned left on Vegas Drive at a high rate of speed, made a U-turn, activated his light bar and stopped in front of Phillips, who said he set his golf club against the block wall and walked about 40 feet from it, to where Reyes came to a stop.

Phillips said the officer put his hand on his gun and told Phillips he was going to search him for weapons. Phillips asked him why he would do that and refused to be searched when Reyes couldn't offer legal justification.

Reyes called for backup, said Phillips, and six officers responded immediately.

"They were making fun of me," he said. "Calling me an idiot, laughing at me."

At this point words were exchanged, and people said things they shouldn't have said:

Phillips said that when he told the police his name and gave them his address, one officer noted there was a downtown lawyer by that name. [Don't say it's you ... whatever you do, don't say it's you.] Phillips said that when he said he was indeed that lawyer [DOH!] , the officer responded, "What kind of lawyer would live in a shithole neighborhood like this?"
Note to attorneys - The correct response when an officer recognizes your name as that of an attorney is not, "That's me!" The correct response is: "I hate attorneys ... always getting bad guys off on technicalities and putting them back on the street. Cops are awesome." Got it?

After the comments about his neighborhood, according to Phillips, the harassment started:

The threats came when Reyes ordered Phillips to walk to the back of his patrol car and another cop told him that if he moved he would be shot with a Taser. A third officer, he said, aimed a Taser at him.

"I just kept my hands up and said 'I'm staying right here until you guys decide what you want me to do."

At that point, Reyes attempted to kick Phillips' legs apart but he slipped, and the remaining officers "jumped on me," said Phillips.

Reyes, Phillips said, then demanded that he sign a citation ---- for what violation is unclear ---- and when Phillips refused, the officer threw the wadded up citation in his face and said, "Enjoy a couple nights in jail, asshole."
It was at this point that a metro officer uttered what is, if true, one of the lamest lines ever spoken by by someone who is not Eric Cartman:

"I told Sergeant Reyes his behavior was unprofessional and unnecessary," said Phillips. "He said, 'I'm Metro. We can do whatever we please.'
Somehow we doubt that Phillips used the words "unprofessional and unnecessary," and we need to believe that a Metro cop would not say something like "we can do whatever we please." Would they?

Also, check out Elie's commentary over at ATL, where he believes that this incident was all a case of "jogging while black."

What do you guys think? Anyone know Phillips? Think this sounds like a plausible story?

(LVRJ; Above The Law; ABA Journal)

Bad Service

2010-08-02T08:00:00.000-07:00

Local process server On Scene Mediations, run by former Las Vegas police officer Maurice Carroll, is being investigated for allegedly submitting false affidavits claiming that it had served defendants with copies of lawsuits, resulting in default judgments being entered. From the RJ:

Court officials said they don't know how widespread the problem is; Logue estimated thousands of cases could be affected. He said records show that Carroll's company, which was run out of his North Las Vegas home, was doing about $50,000 in business a month, a large volume of work for a company of its kind.

Intelligence detectives raided Carroll's home on July 6, seizing financial and business records.

Detectives are now seeking an arrest warrant for Carroll, 42, who left the police department in 2000 after roughly 10 years of service, on possible charges of perjury and filing false court documents, officials said. Carroll could not be reached for comment.

Las Vegas JPs Melissa Saragosa and Diana Sullivan asked police to investigate after noticing numerous "irregularities." Basically, more than the usual number of defendants were showing up claiming they hadn't been served.

But don't worry, the Nevada Private Investigators License Board is on the case:

Mechele Ray, executive director of the Nevada Private Investigators License Board, confirmed that Carroll's company is not licensed to operate as a process server. She said her agency investigated a complaint against the company brought by Las Vegas justices of the peace, but she would not discuss the probe.

"We've taken what we feel is the appropriate action at this time," she said.

Independent contractors, such as Carroll, face fines of up to $10,000 if they fail to get a license after a warning from the Private Investigators Board, Ray said.
So, Carroll is doing $50,000 a month in business, and he gets "up to" a $10,000 fine after he receives a warning? Just another fine example of the cutthroat regulatory agencies we have in this state. That's sure to teach him.

(LVRJ; Thanks, Tipster!)

Friday Open Thread

2010-07-30T08:00:00.000-07:00

Happy Friday everyone!

What a great week - barzam is over and the powers that be cut fees for electronic filing by 40%! It's like Christmas!

Enjoy your open thread!

Congratulations Bar Takers!

2010-07-29T13:00:00.000-07:00

Three days, eight one-hour essays, two-hundred multiple choice questions and 1.5 hours of testing your ability to do what you actually do as a lawyer ... and it's over! Congratulations to those of you who made it through, and we'd love to hear the stories of those who didn't.

So, how did it go? Did anything interesting happen during the exam? What subjects were tested? If you took the exam this week, please leave us a comment. We want to hear all about it!

Question for the law mamas ...

2010-07-29T08:00:00.000-07:00

We've had some (presumably) female readers inquire as to local firm's policies regarding maternity leave.

Now, before you all put on your meanie "get back in the kitchen" hats (and bring the wrath of Elle), let's try to help out our fellow counsel of the fairer sex who make the bold choice to propagate our species while trying to meet billables.

If you know, what is your firm's policy regarding paid and unpaid time off and other maternity benefits for associates?

Good Luck July Examinees!

2010-07-27T08:01:00.000-07:00

Here we go again - time for Ma Bar to do her thing.

To those of you poor souls who will spend the next three ~~days~~ months doubting yourselves: Good Luck!

As for the rest of us, let's offer our soon-to-be-attorneys some advice on how to make it to 1:00 PM on Thursday. Tell your barzam war stories in the comments.

You Got Marcummed!

2010-07-27T08:00:00.000-07:00

The comments (and the courthouse) were abuzz yesterday with a rumor that criminal defense attorney Jonathan MacArthur has been served with a Marcum notice - which informs an individual they are a target of a grand jury proceeding and gives them an opportunity to testify before the grand jury. Yes, we had to look that up.

We have no idea why MacArthur is being targeted ... oh, wait.

You may remember MacArthur as the attorney who got himself in a bit of hot water with the DA's office back in 2007 for posting on his MySpace page under personal interests: "Breaking my foot off in a prosecutor's ass ... and improving my ability to break my foot off in a prosecutor's ass."

Shockingly, that statement got MacArthur removed as a judge pro tem, a position which he defined like this: "Imagine a substitute teacher with a black choir robe and a disconcerting amount of authority."

Mr. Mac - if you're looking for an outlet for all that pent-up provocative legal wordery, we'd be happy to provide you a guest spot here at WWL. Don't waste that stuff on MySpace!

(LVRJ; Thanks Tipsters!)

Ewwwwwww!

2010-07-26T08:00:00.000-07:00

Looks like weapons and faulty security cameras aren't the only things we have to worry about when visiting the RJC. A helpful tipster passed along this little gem:

From: Sommermeyer, Michael
Sent: Wednesday, July 21, 2010 2:40 PM
To: [redacted]
Cc: [redacted]
Subject: Health and Safety Alert

A case of whooping cough (pertussis) was suspected and identified today (7/21/2010) at the Regional Justice Center. Whooping cough is very contagious and can be spread quickly among individuals who have not been immunized against it. This email is not meant to cause panic, but to advise you of the symptoms of the disease so that you are better prepared. If you suspect you may be ill, contact a doctor immediately. Please share this information with anyone without access to the court email system.

According to the Centers for Disease Control and Prevention (CDC), whooping cough is still very much a public health concern. Here is a list of sypmtoms and indications that the disease may be present:

Symptoms:
Once you become infected with whooping cough, it takes three to 12 days for signs and symptoms to appear. They're usually mild at first and resemble those of a common cold:

Runny nose
Nasal congestion
Sneezing
Red, watery eyes
A mild fever
Dry cough
After a week or two, signs and symptoms worsen. Severe and prolonged coughing attacks may:

Bring up thick phlegm
Provoke vomiting
Result in a red or blue face
Cause extreme fatigue
End with a high-pitched "whoop" sound during the next breath of air
However, many people — particularly infants, adolescents and adults — don't develop the characteristic whoop. Sometimes, a persistent hacking cough is the only sign that an adolescent or adult has whooping cough.

When to seek immediate medical care:

Call your doctor if prolonged coughing spells cause you or your child to:

Vomit
Turn red or blue
Inhale with a whooping sound

Michael Sommermeyer
Court Information Officer
SommermeyerM@clarkcountycourts.us
Sounds lovely. Just as an aside, you should probably give your doctor a ring if you turn blue, regardless of whether you've recently been in the RJC.

Think visiting the RJC will prevent attorneys from being able to donate blood?

(Thanks Tipster!)

Friday Open Thread

2010-07-23T08:00:00.000-07:00

Happy Friday everyone!

Let's see if we can get through just one of these without a single mention of T.F. or BK Hottie ... think we can do it?

Family Court Towing Scheme?

2010-07-23T07:59:00.000-07:00

Wrapping up WWL Family Court Week 2010, the RJ posted an interesting rumor about a possible tow for profit scheme by Family Court marshals. From the RJ post:

Concern is mounting in courthouse circles over reported questionable activity among Family Court marshals.

Word is that a large number of cars have been towed from Family Court’s parking lot since the first of the year. The figure bandied about is said to be astounding.

Some people at Family Court have overheard marshals bragging about the number of cars they can have towed on any given day.

And there’s even talk that some marshals might be profiting from the towing bonanza.
How about it, commenters? Anybody have experience with overzealous parking enforcement at Family Court. We know that Libo was able to get away with questionable parking a while back, have they stepped up enforcement recently?

(LVRJ; Thanks, Tipster!)

Sidebar: The Quest for the Bottom Feeders

2010-07-22T11:43:00.001-07:00

Yesterday, an astute comment declared that the members of the family bar are bottom feeders.

Later in the day, I overheard a conversation in which someone stated that person was wrong and that CD defense attorneys are truly bottom feeders.

In response, another said that if you appear in Justice Court more than three times a year on a civil matter, you're a bottom feeder.

Here's your chance. The one you've all been waiting for. Which members of the bar are the true bottom feeder? Let's act like lawyers and give reasons for our bold assertions. A pox on the first person to mention Troy Fox.

You've Been Senior Judged!

2010-07-21T08:00:00.000-07:00

Recently, I had a lunch with a few of my delta nu sisters from the world of family law. They had some tales to tell!

There is a growing dissatisfaction among the Family Bar with the Senior Judges.

Some of the complaints:

Senior Judges from the civil bench who don't know a thing about family law have applied the wrong statutory standards and ignored controlling case law;
The use of Senior Judges breaks up the importance of continuity (you know, the old "one family/one judge rule") in family law cases, including determining what is in the best interests of the child;
Welcome Back! Once the Judge is back on the bench, here is a Motion to Reconsider;
Boo! More legal fees for everyone involved because of the Motions to Reconsider; and
Delays, delays, delays.

There are numerous judges in the Family Court who now refuse to use Senior Judges for the reasons listed above.

Have you had problems like these? Is this an issue for the civil and criminal bars too? Share your stories in the comments.

RJC Snitches Get Stitches

2010-07-20T08:00:00.000-07:00

Apparently, the higher-ups didn't appreciate the RJ's recent article concerning flaws with the RJC security camera system. So, what's a whistleblower to do when the passive-aggressive emails start flying? Send the emails to the RJ, of course.

It all started when Chief District Judge T. Arthur Ritchie Jr. "chastised" Judge Susan Johnson - who chairs the courthouse security committee - for talking to the RJ about the camera issue:

"I assume you meant well, but you were specifically told that you were not authorized to address this issue for the court," Ritchie wrote. "I am disappointed that you would take it upon yourself to address this issue in this way. ... We will see whether your approach makes this better or worse for the court."

Uh oh. Chief Ritchie is "disappointed," but SJ wasn't about to take Ritchie's little lecture lying down:

Johnson responded that, "You never informed me I was not authorized to address this issue for the court. Your response was ... that you would 'handle this,' which you did not do. Further, while I respect your role as chief judge, you have no authority to instruct me or any district judge that he or she cannot speak to the media without your consent."

Snap! Beautiful and feisty - how bout them apples, Chief?

Next, Chief Justice of the Peace Ann Zimmerman jumped into the "Reply All" pool to defend her fellow Chief:

"I believe that your interview further compromised security at the RJC by exposing potential weaknesses to those who may wish to do harm to our judges and/or the public at the RJC," Zimmerman wrote [to Johnson]. "I believe you had good intentions, but the outcome is otherwise."

"[T]he outcome is otherwise?" That can't be right, can it?

Judge Doug Smith then decided to go ALL CAPS on everyone's ass:

"In the future, please do not disclose our safety to the newspapers. I don't feel comfortable with that disclosure."

When one judge [taking bets on who] responded with a simple "?", Smith wrote back in capital letters: "THIS IS IN REGARDS TO THE NEWSPAPER PERSON ALLOWED INTO OUR BACK OFFICES AND THE BAD PRESS WE RECEIVED. WHO APPROVED THE RELEASE(?)"

CALM DOWN DOUG. THE PUBLIC CLEARLY COULDN'T CARE LESS ABOUT JUDICIAL ELECTIONS - ANY PRESS IS YOUR FRIEND.

Judge Cadish also had some thoughts:

"I too was extremely disturbed to read in the paper about exactly what cameras around the courthouse don't have the view they should have because they're blocked by trees or otherwise out of position. I do think it can easily put us at risk."

By "us," Cadish of course meant all the employees and visitors in the RJC, right? She wasn't just talking about the robed ones who already have private security guards ... right?

SJ defended herself by noting that by speaking to the RJ she "in fact, made the story less negative than it would have been."

We look forward to the next email thread from the judges explaining how organizing a witch hunt instead of just fixing the security problem made the story more positive.

(LVRJ; Thanks Tipsters!)

Friday Open Thread

2010-07-16T08:00:00.000-07:00

Happy Friday everyone!

Make fun of your friends who failed to pay their 2010 bar dues, or talk about whatever you want ... it's open.

District Attorney and NLV Courts Headed for a Showdown

2010-07-15T08:00:00.000-07:00

On July 6, North Las Vegas justice court officials added a third morning criminal session on Tuesdays, Wednesdays and Thursdays, expecting Clark County DA David Roger to send a third prosecutor to handle the extra courtroom time. Roger, apparently, had different expectations. From the RJ:

Roger, struggling with the loss of dozens of positions because of the ongoing county budget crunch, decided to staff the three extra courtroom sessions with the two prosecutors currently assigned to North Las Vegas.

Chief Justice of the Peace Natalie Tyrrell did not like Roger's response, so she has "instructed Roger to staff all three courtrooms with a prosecutor beginning Aug. 3." This is where things get juicy, as Roger has publicly stated that he has no intention of sending an additional prosecutor:

"We have two attorneys there. We'll cover the third calendar when we get there," Roger said. "We are incredibly short-staffed. We have lost 60 positions over the last two years, and our caseload has not gone down."

Roger said he doesn't believe Tyrrell has the authority to order him to send another prosecutor to the North Las Vegas courts. He also said the dispute could be resolved easily if the justices of the peace considered some alternatives, such as holding the third session in the afternoon instead of the morning. That would allow him to more easily staff the extra sessions, he said.

Silly David Roger, don't you know that Clark County judges need to be at home in time to watch Judge Joe Brown in the afternoons? How are they supposed to hold court?

One of our tipsters seems to think that the NLV Judges aren't actually busy enough to hold a third calendar, but are in fact just attempting to "look busy for the public." Terri March, the administrator of North Las Vegas Justice Court, begs to differ:

"Our judges are in the best position to know and understand the community in which they live and serve," March said in a statement. "This decision was made in an effort to do everything possible to benefit and protect the citizens of North Las Vegas."

Our favorite quotes in the article come from Assistant District Attorney Chris Owens. The RJ published various snippets of letters written by Owens in this ongoing fight. This bit of prose brought tears to our eyes:

"It is obvious to most of us who have worked within this specialized community that there is an ominous consequence to unilateral action," he wrote.

"Rogue undertakings place an unfair and unnecessary strain upon the resources of sister institutions. The beneficiaries of these maverick endeavors are often the purveyors of crime, rather than the law-abiding citizenry."

"Ominous consequences?" "Unilateral actions?" "Rouge undertakings?" "Maverick endeavors?" We are still talking about the NLV justice courts, right? Does Owens moonlight as a presidential speechwriter?

How about it, commenters, any opinion one way or the other? Is the DA being unreasonable? Is NLV just trying to "look busy?" Either way, it should be interesting to see what happens on August 3rd.

(LVRJ; Thanks, Tipsters!)

Someone Needs To Coddle Cottle

2010-07-13T08:00:00.000-07:00

An eagle-eyed reader noticed something interesting yesterday: Rob Cottle has been removed from the firm now known as Mainor Eglet's website. Seems like it was done in the dark of night; the firm was quick to scrub any evidence that Cottle ever existed.

Word is that he was forced out. If you have any further details, please enlighten us in the comments.