- Quickdraw McLaw
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“The tradition of Festivus begins with the Airing of Grievances. I got a lot of problems with you people! And now, you’re gonna hear about it.” –Frank Costanza
Technically, Festivus is on December 23, but since that’s Sunday, we are going to get the festivities started today! Gather your family, friends, co-workers, enemies, judges, opposing counsel, etc. because it’s time for the Airing of Grievances!
For some of you, this is what you were born to do–this is your moment to shine. Your gift of complaining is finally welcomed and wanted on this one occasion. This is your chance to civilly (meaning work appropriate and slander free) whine and complain about your salary, your job, your boss, the courts, nepotism, the Board of Governors, bar counsel, UNLV Boyd Class of 2013, this blog, etc. It’s also your chance to provide some feedback about the way things are done in the Las Vegas legal community. Believe it or not, there are a lot of people who read this blog and see your comments and suggestions (including administrators, judges, and other lawyers). If you want a refresher on what types of things you were disappointed in or complained about last year, use the search box and enter “airing.”
First. Blog is dead.
Merry Christmas, ya' filthy animals.
I'm an experienced attorney, but a newish solo. Building a practice without doing criminal defense or family law is proving to be more difficult than I thought.
Signed up for Lawclerk.legal to try to get some contract work to help fill in the gaps, but it's just awful. Hardly any projects, and for the few that exist, the prices are absurd.
I'm an introvert and I would happily do contract work if the rate was reasonable.
Being my own boss is great, but meeting with potential clients is draining. Everyone has a problem but no one has any money to pay a lawyer to fix it, it seems.
"I'm an introvert"
This is the central thing you've got to get over. I am not a solo, but I could be because I originate plenty of work. Here is the first step: OYM. Open Your Mouth. Talk to everybody, but not necessarily about law. BRIEFLY mention that you're a lawyer. Find common ground and interests. They will remember you and refer you work. Sometimes OYM results directly in obtaining work. Just this week, I OYM'd in the parking lot with a person who works in an adjacent building. That person has now signed up for $10k of legal services. OYM. OYM. OYM.
Similar here, 8:15. I signed up for that Lawclerk.legal thing too, hoping that it would provide some immediate cash flow. But the projects are awful. Someone in another jurisdiction that you don't know anything about wants to pay $180.00 for six or eight hours worth of work on a case you know nothing about. I haven't even bothered submitting for anything. I think I've got enough in the pipeline that I won't have to resort to that.
As a new solo, a high percentage of your clients should include other lawyers–other solos with more work than they can handle or small firms with the same "problem." Networking with other lawyers/firms should be much easier too, since you speak the same language. Make sure everyone knows that you're on your own now and that you're actively looking for work. If you're an experienced lawyer with a good rate, there are many established solos/small firms who need competent (short-term) help. But, the bottom line is that paying work is rarely, if ever, going to come walking in your door on its own. Your job is at least 50% sales (or promotion, if you prefer) now, 50% actually doing legal work. Ideally, your job is 60-75% sales and the rest actually doing work (or farming it out to new solos!). Good luck to you!
8:15 is not primarily held back by being an introvert, but by being a young solo who is not willing to take on Family or Criminal cases, but apparently expects significant litigation cases to fall into his lap.
First, I would suggest that 8:15 joins as many clubs, and as many meetings and seminars, as reasonably possible. There is no room to go into too many specifics here, but colleagues can suggest what type of organizations might be best for networking purposes(perhaps various chambers of commerce, women's groups, groups centering around certain nationalities such as Urban League, Latin C.O.C. Asian C.O.C., etc., senior groups, labor groups, etc. You don't have to be members of all these groups–although joining and paying the dues sure helps–but you should attend meetings when able.
Second thing I suggest is, to keep cash flow going, you do in fact accept criminal case and family cases. As a poster said, while waiting for hearings, chat with as many attorneys as you can. They often have people who contacted them for a Family or Criminal case, but can't afford the retainer required of the experienced attorney while 8:15, as aa new solo, may be willing to accept the case for somewhat less. If, instead, 8:15 waits for decent litigation cases to fall into his lap, if he is lucky enough to attract a few he will wait many months to get paid, and will need to advance costs. 8:15 apparently does not yet have the hands on experience with financially running a practice for any real length of time, to realize all this. But Family cases and Criminal cases will keep the cash flow going and may enable 8:15 to be able to finance the costs of some litigation cases until they are ready to pay off. Waiting for the money and for these cases to settle is not so bad if the cash is flowing in from other cases which are hourly or flat fee type arrangements.
Agree with 11:05, but would add a few qualifiers.
The first part, about joining organizations or at least attending some of their meetings, is real good networking advice but it comes with a red flag warning. If people in such organizations approach you with a case that is not really a contingency fee situation, but lends itself more to a flat fee or incremental fee(like many criminal cases), or hourly billing scenarios(like Family cases except the ones real limited in scope and duration which may be appropriate for flat fees), be careful of their expectations.
If they seem particularly agitated about the situation, have unrealistic expectations, and little or no ability and/or willingness to pay, they may expect you to help them out for little or nothing since you are a member of the group.
If you do such favors, and handle the case well and achieve results commensurate with how the matter should be resolved, the indignant non-paying client will slander you to other members of the group and tell them you are not a good attorney. Even if they only paid you a hundred or two for a hearing and some other work they will say "I paid him and as it turns out I could have done better by myself."
So, yes, these groups(depending, of course, on the group)are potentially real good networking sources but be careful about accepting those type of cases from those type of clients, who are members of the club or organization, or related to or a friend of the member.
9:19 here. You cannot be an introvert and originate a lot of work. I stand by that. I would add that organizations that exist solely for networking usually suck. Focus on groups like Church, alumni orgs (that meet regularly), Federalist Society (or its equivalent), some political orgs, some chambers of commerce, toastmasters, etc. But mostly, OYM. Seriously, it's really that simple. Talk to everybody. But be sincere about it and engaging with people. I have originated so much work doing this. Be well read on a lot of subjects and you can engage almost anyone from any walk of life.
Agree with 9:19. He/she who does not toot his/her own horn, that horn does not get tooted. Happy holidays to all, and best wishes for a prosperous new year.
Would someone please give 8:16's horn a toot. It is the holidays after all.
I'm gonna toot right now.
Why do so many people want to have their own law practice? Go "Of-Counsel" with someone and then you don't have to worry about bullshit and get to actually enjoy practicing law. Everyone thinks running a practice is easy and you make tons of money, but the reality is usually different.
I whip this out every year and it's really the only complaint I have that can rise to the occasion:
my penis is small.
Sounds like a very small problem
I just don't see it.
Ackerman is hiring.
Speaking of small penises and Ackerman, I would rather give handys in some back alley, at least you are going to know that someone was satisfied with your work.
Ackerman sucks. Do some shady crap. Our chambers is leery of them.
Hey guys. Guys. Hey guys. See, 1:11 was obvi written by someone who works in chambers. Guys. Chambers are leery. That means they sux.
I don't care for them, either. I had a few cases with them. They like to play games in litigation.
Akerman is always hiring.
Judges refer to their office as chambers. The statement is grammatically correct 1:40. Happy Holidays.
I keep trying get a hold of the attorney at Akerman, but she never returns my call. I am a pro per and this impacts my losing my house. Just scary.
immigration attorneys and criminal defense attorneys are destroying the fabric of this country.
A pox on all their houses
You don't include white-collar crime, right? MAGA!
Tell me about it 8:18. How dare they force the government to prove charges against the accused before the government can take away liberty. For shame!
LOL @8:46
I wish federal court would adopt the state system of not having discovery commence until an answer is filed. It is stupid to have to conduct discovery until the parties know what claims, if any, will even remain.
This is especially poignant, since it takes federal judges in this district 6-12 months on average (and in some cases much longer) to even rule on a dispositive motion of any type. Judges are always talking about how to make the practice of law less expensive and more streamlined, but the federal court system makes litigation more expensive and less streamlined. This is especially true because it is very difficult to get the feds to stay a case. So the parties are stuck conducting discovery while not knowing if the complaint will be dismissed. That simply does not make sense.
I guess the feds have forgotten what Fed. R. Civ. P. 1 says, "They [the rules] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
Dealing with this exact thing right now. So frustrating. Now the plaintiff wants to amend their stupid complaint, which if granted, will required another round of dispositive motion briefing. And then the magistrate judge rejected our proposed discovery plan, which included the standard 180 days, but beginning from the date the plan was submitted, not the date of the first answer which was several months ago. The MJ gave us 180 days from August, so we basically only have a few months of discovery and no idea what the claims are/will be.
I don't even bother filing a motion to dismiss in federal court any more, because I know it will never be granted before discovery is over. I just wait and file an MSJ.
Which is extremely frustrating because it is a huge waste of time and money for the clients. You can't even get rid of an obviously deficient case that contains only "claims" that clearly fail to state a claim on their face.
If the Motion to Dismiss is truly case dispositive, stipulate/move to stay the case. The judge will take a "preliminary peek" at the motion and if they agree that it could be case dispositive, you get your stay. Same effect as state court, except at least in federal court you have a chance at getting a dispositive motion granted.
Judges not applying the law. You are getting voted out.
Ha! As if the voters know/understand/care.
Never happens. Don't I wish. It never happens. OK let me qualify, downtown it never happens (except Bailus). Family Court it happens periodically but not to judges in the center.
Bonnie Bulla and her lovely staff.
Second, but specifically with regard to the Commissioner's propensity for making arbitrary decisions not based on law. Also for her tendency to hear arguments concerning collateral issues not contained within the motions. It renders the motion practice before her futile when both parties plead their positions, only to get before her and have one attorney say "oh yeah well let me tell you what she did" and then proceed to throw you under the bus for perceived discovery abuses which are not at issue before her at the moment and which were not briefed. Bonnie takes the bait every time.
The nerds who constantly complain about the Commissioner because they lost a hearing and can't communicate with opposing counsel. It's getting so old. She has the hardest job around. So what if she hurt your feelings. Get over it. Can't wait for the complaints about the next commissioner if she gets appointed.
The elevators at the RJC and whoever designed that building.
That is an advanced pulley system they use down at the RJC.
Reno Jim and his bridesmaids screwing Nevadans in the interest of corporate America.
Eating a cold grilled cheese, and having to deal with the corrupt OBC.
Even meeting for a brief minute with OBC left a stench on me somewhere between a roadkill skunk and underwear from a loose-bowled chili eater. I need a shower.
I am forming a new law firm. I do not see any rules or regulations that would prevent me from using an LLC instead of a PLLC or LLP. I would like to use an LLC. Is anyone aware of any reason why I cannot?
Thx in advance.
I use an LLC for mine with no issues.
Same here.
The difference is more of public projection of authenticity with a PLLC. The Nevada Secretary of State requires you to submit copies of your licenses before you can obtain a PLLC, so those that see you are a PLLC wouldn't need to confirm your licensure and can use the fact that the NVSOS approved the PLLC as a proxy to confirm you are licensed in your field. Legally – no difference though in operations or taxation.
If you are a multi-jurisdictional firm, or plan on being in the future, make sure to check with that states naming requirements also.
I can see a potential problem with the arrangement. As I recall, an LLC is like a corporation whereas a P.C. or P.L.L.C. is treated as a disregarded entity with limited or no liability protection to the shareholders. If that recollection is correct, a true L.L.C. or corporation can run afowl of the RPC provisions of a non-lawyer owning a law firm (a corporation or L.L.C. as a separate and distinct legal person) or fee-splitting with a non-lawyer.
It is a technical argument and I'm not sure (haven't researched it) to see if it has been previously addressed.
I raised this very issue with my corporate attorney when setting up my entity. He advised that he was an LLC also, and that it is not a problem. I've since noticed that many practices are set up as LLCs. For whatever that's worth…
I don't understand 12:36's response. All of those entities can be treated either as a corporation or as a disregarded entity. That has to do with how you are taxed, and nothing more. Talk to your tax (wo)man about which makes more sense. For a small outfit, a disregarded entity probably makes more sense.
An LLC, PC, and PLLC all offer limited liability to members or shareholders. A PC is a professional corporation, and as the name implies, is the only one of the bunch that is a corporation. PLLCs and PCs are governed by NRS Chapter 89 (and 78 and 86).
The rule against non-lawyers owning a law firm applies regardless of what kind of entity you have. There's nothing unique or different about an LLC or PC that makes them more likely to run "afowl" of the ethics rules. A PLLC or PC requires you to make an initial showing that the original owners are licensed. But other than that, you can still screw it up if you later allow a non-licensed person to own shares or a membership.
So, there is no problem with a law firm being an LLC. Mine is set up that way, mainly because I don't see any benefit to setting it up as a PLLC, and there's less paperwork for a regular LLC. The yearly fee might have been less for a PLLC once upon a time, but now they are the same. I doubt if the general public is aware of / gives a rat's ass about the stuff you initially have to file with the SOS for PC or PLLC.
Here is my grievance:
No good comes from the State Bar of Nevada – only incompetence, waste, inefficiency, unfairness, contempt, condescension, bureaucracy, expense, corruption, consumption, destruction, harm, and exploitation.
It is a sin that as lawyers we have not figured out a way to compel the disgusting cauldron of sewage known as The State Bar of Nevada to do it's work in an efficient and economical manner.
Happy Festivus everyone.
Remember all of those people running for the BoG who were going to get you answers and shake things up and change things???? Where are you Andrew Craner? What has changed? Where is the transparency?
Three months and I am still waiting for a return phone call from BOG Terry. I cannot remember his last name.
Terry Coffing at Marquis Aurbach Coffing. https://www.nvbar.org/about-us/board-of-governors/bogmembers/
The OBC is without a doubt the most corrupt or incompetent organization in our legal system. I have fellow attorneys who tell me not to stand up to the OBC because nothing good with come of it but when do you reach a point that enough is enough? I will admit it: I got a disciplinary order entered against me in 2018 (No I did not take anybody's money). Supreme Court laid out terms of my probationary period. The OBC is refusing to follow it and is instead imposing additional terms (not imposed by the Supreme Court). I have been following the Court's Order to the comma.
Why you ask? Their answer: because we can. Because we monitor your compliance and reserve the right to impose additional conditions if we wish (even if the Court did not). I am not in compliance with OBC "conditions" and am subject to a new disciplinary hearing over requirements that the Court never imposed. So my choice is to subject myself to things that the Court never imposed and in fact never even discussed or stand up for what was actually ordered and be annihilated by talentless bureaucrats for the next 2 years. And so I air the grievance. Because the only safe and sane way to express my disgust and disdain for the filth that we call a State Bar is anonymously here (although I am sure they are searching my IP as we speak).
I am filing a federal lawsuit against the OBC very soon. No BS, just doing it. Never had discipline but interactions from hell. Is there a way any lawyer interested in joining could contact me anonymously before filing. I'm not very tech savvy. I was thinking of posting draft with my name and contact info and letting others read and decide. Any thoughts?
12:40, I wish you well. There is not more Grinch-like agency than the OBC. Please have a thick skin if people criticize you on our your work. There are bad trolls on here. Merry Christmas!
They suck in every way imaginable. A few years ago I spent $20k in fees fighting them on an issue that involved about half that much money and zero harm or risk of harm to any client or lienholder. At the same time this was going on, Rob Graham and others were merrily stealing millions from widows and orphans. In the end I was (mostly) exonerated and received a "letter of caution" (which supposedly is expunged from your file after two years but somehow I don't believe that). What an awful and needlessly stressful experience dealing with those people.
12:40– Post your contact information and I will reach out to you.
12:40 Here, I will do so I'd say in next couple weeks or so, please check back, I'm taking huge chance with career so I hope inquiries are serious but I can take some trollage if i have to
12:40, stay strong. I wish you luck. Fuck the trolls; they are weak. Fight for what you believe in, and happy holidays!
That Boyd Class of 2013 keeps kicking my ass every time I run into one of them as opposing counsel. What is it with those people? Was that a class of super-mutants or what?
Kicking your ass in what way? Do you mean that the class is very talented?
You forgot the sarcasm font
What is the joke?
I, too, am sick of Boyd '13 making me look bad at every turn. It's like the '27 Yankees!
Working for Black and LoBello. Treat me like shit as a paralegal.
They're advertising for a new senior associate attorney hire (on nvbar jobs site). How are the associates treated there?
Have a convo with Tisha Black and get back with us.
Had a convo with Tisha Black. Am now fired. Anyone looking to hire a paralegal?
Had a case against them years ago, found them to be unscrupulous and quick tempered. They've been on the naughty list ever since.
I do not send referrals there any more. A few people that I sent over there complained about the attorneys, so no more referrals.
People who wear blue with earth tones… just unspeakably vile and reprehensible.
Can we all agree to include earth-toned suits in general?
We live in Vegas, what's wrong with wearing something other than a black, grey, or navy colored suit! Fashion is very important and it shouldn't be limited for attorneys so that they live their life in boring ass suits! Our lives can be boring enough, why not spice it up with a red, pink or even plaid suit!?