- 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
Happy Festivus! (Technically, it is Friday, but we couldn’t wait to get the festivities started!) Gather your family, friends, co-workers, enemies, judges, opposing counsel, etc. because it’s time to kick off the holiday fun with a tradition that some of you do on the blog all year long, 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, billable hours, the courts, nepotism, the Board of Governors, bar counsel, UNLV Boyd Class of 2013, Michele Fiore being chosen at Nye County’s newest Justice of the Peace, this blog, and/or anything else that 2022 threw at you this year. 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.”
You judges that let people just ramble on interminably during oral argument on motions that should have never been heard in the first place. Why don’t we at least have a timer system or something like they do at the Supreme Court?
Hear, hear!
Why are we indentured servants. When a client no longer honors the contract terms that formed our relationship, why am I required to remain on the case for weeks while my withdrawal makes its way to a court hearing. This may not be an issue in other areas of law, but in Family Law, lots of work is still required to be done after my client informs me that he/she is no longer "able" to pay.
Judge Gonzalez did institute a timer in Business Court matters: 10 minutes per side.
I miss Betsy and her timer. There is very little that needs more than 10 minutes to be argued.
that's right i remember when she did that. I wish it caught on.
Or a specific judge who will start of saying what she is thinking, but will then be moved about with whoever is arguing for 30 minutes before getting frustrated and just declaring that she is ruling in one parties favor and for them to prepare the order. However, you have covered so much ground and she is so wishy washy, that neither side has any idea what the order of the Court actually is and what to put in the order. The minute order will then come out and contain no detail because the court staff have no idea either.
Judge Jennifer Dorsey and her egg timer
Why do we require notice of entry of orders? What is the point in filing essentially the same document twice? Is the judiciary creating a billing opportunity for local counsel to support the legal industry? Most courts let the order and service of the order suffice as notice. Why do we have this redundant process that serves no discernable purpose?
Because Orders were formerly issued ex parte only to the side who submitted the Order. Therefore the time for reconsideration or appeal would run from proof of notice of the entry of the Order being served (even if it was just a certificate of mailing for a document that was never actually mailed). Due process works off of notice.
That helps explain why we used to require notice of entry of orders, but does not help explain why we still require it. Agree with OP in that I wish we'd get rid of it, but my guess is that we have kept it because there are deadlines based on notice of entry in NRCP, NRAP, and statute. Changing all at once would be extremely difficult. And only changing one at a time would result in inconsistencies across the various rules. I don't know that this is the reason, but my 2 cents.
It's only needed to start the clock for things like appeals.
Starts the clock on (1) enforcement/execution; (2) motions to set aside/new trial/reconsider; (3) appeal. Everything triggers off of the NEO
It does seem strange to require this filing if the order was already served by the court.
Not really. Some people are on the E-Serve list; some are not. There is nothing untoward about requiring a document certifying that the Order has been noticed up to everyone who is entitled to notice. For example the Notice of Entry of Default Judgment triggers the 6 month period. The defaulted party would not be on the Court's e-service of the DFJD.
Family court. There. That’s my grievance. WTF is going on down there?
Lawyers barred in the 80s. Their briefs suck, they make up stuff during oral argument, and constantly make speaking objections during depositions. Retire already!
I'm working on it. Trust me.
How about lawyers barred in the 70's?
Yikes!
If your bar number is 3 digits and you still use an @aol.com email address, it's time to go.
Have you seen the crap work produced by the Boyd Law grads? Most Boyd Law grads are sub-par. The lawyers who came on board in the 80s and 90s tend to be superior to these entitled privileged Boyd folks.
My bar number is two digits. Get off my lawn!
Mine is mid-four digits. Leave me the EFF alone!
I do not care what their bar number is. All I care about is whether they are from California or not.
I started practicing in California last year and they have these things called "rules" and you actually have to follow them otherwise your motion *will* be denied.
If we have rules here, we should enforce them, otherwise, let's get rid of them. So annoying when OC blows deadlines and doesn't follow the rules and judges are basically "no blood, no foul"
as pointed out in yesterday's comments, our current system does not encourage quality applicants for judicial vacancies. Once someone is a judge, all their information becomes super private and protected–so why should we be posting tons of personal information about judicial applicants on a public website for anyone and everyone to access.
especially compared with the much more modest Magistrate Judge applications for Federal it seems even more absurd.
9:39 and 10:07, spot on. But in the long run, it’s much more invasive because the FBI background check is the judicial application equivalent of a endoscopy, colonoscopy, and explorative surgery combined. The judges need the highest levels of security clearances in the event they have to review national security matters.
The only saving grace is that the FBI findings and application are limited to the eyes of the committee and district court judges. That plus you only need 5 years barred will make way more people apply. Rumor and innuendo was that 50+ people applied last go around when Weksler, Albreghts, and Youchah were appointed.
In 2020 two of the finest attorneys to ever walk the halls of justice ran for the bench after failing to get appointed. They both lost. Those titans of the law were willing to take huge pay cuts to serve the community as humble judges. Pity.
My penis is small and, if possible, seems to have gotten smaller. Guess I need to lose some weight.
Manscape. Trim the surrounding shrubbery back and that fence post will look like a flagpole. Or so I’ve heard.
Trim the bushes and the tree looks larger.
My suspicion is that it never was as big as you thought it was and events over the past year have led you to finally accept that reality.
Michelle Fiore was appointed Nye County JP: https://www.reviewjournal.com/news/politics-and-government/nevada/michele-fiore-appointed-nye-county-justice-of-the-peace-2698003/
add that to the list
Nevada deserves its reputation.
Fantastic news. So will her courtroom have a JAVS system?
How is it possible she can be a JP without a bachelor's?
Read the NRS. Law degree (or any degree) not necessary in small population counties.
>Fiore, who claims to be adept at firing shotguns, rifles as well as handguns, said that she was in favor of permitting citizens to wear firearms into the courtroom.
>“I’m 100 percent Second Amendment,” she said. “I think gun free zones leave everybody here a sitting duck.”
What a fucking idiot.
Tell us more, GOP, about your crusade against cronyism in government.
As a retired judge from another state, I couldn't agree more with 10:28s comment. Guns in a courtroom other than courtroom security officers?
What could possibly go wrong?
Didn't Mahan pack on the bench?
The Fiore appointment seems odd, but it actually makes sense in the context of Nye County and their gun-loving population. Those commissioners saw Fiore as a potential rival for a Commission seat there. They wanted her to be occupied with something else, and now she will be. The interesting question is whether she gets in trouble with the Judicial Disciplinary Commission. She will do lots of crazy stuff; but will the crazies in Nye Co care?
Mahan packed for years. This HUGE revolver in a shoulder holster and he was not afraid, under the right circumstances to let it show.
A judge carrying is nowhere near the same as letting any rando person carry in the courtroom.
Read the thread. Nobody compared a Judge carrying on the bench to all carrying allowed in courtrooms.
I saw Mahan's piece once. Impressive.
Looks like someone deleted the thread about certain family court judges. Let's try this again without explicitly iDenTifying them. The comment complained about certain family court judges being misogynistic, especially against pretty women. That's the complaint. Judges should not be known for ruling a certain way against a certain type of person. Also, one the faMily court jurists Persists in talking too much because they like to hear their own voice. Judges should limit their commentary and respect time of the parties and counsel.
FWIW I saw nothing wrong with the thread as a whole. At worst, one or two of the comments were borderline.
I get the reason behind the deleting, but when it’s a legit complaint, it should be left up. I have used comments from this blog when deciding whether or not to perempt judges. If my client is an attractive female and we get assigneD To a certain dept, might be helpful to know that information.
11:36 you misogynist pig. How would you know if they are good-looking. You have no eyes and cannot possibly know which of the 38 genders they identify with
11:36 here. I do have eyes. Also it Doesn’T matter what my client identifies as. In this scenario, what does matter is what gender the judicial office in question perceives my client to be. If my client is perceiveD To be an attractive female human, gotta pay that $450.
I was joking
Since when are we not allowed to mention specific judges names on here? DT has a persistent bias against women and would be helpful for other practitioners to be aware of this dynamic.
@3:15 you ain't lying
Name and shame elected judges is the definition of free speech what is the problem.
Apparently if you iDenTify this specific indiviDual, They will DeleTe and DeThrone your comment. No free speech here.
You're getting TTHHWWWAAACCKKEEDD!
I am tired of seeing these "best lawyer" ads and in general tired of Steve D always saying he "wins" when he doesnt do trials, and his firm has more losses than wins in trial. I think these billboard ad lawyers are just making the profession look like crap with the stuff they post now. Steve D leading the way with the douchebaggery stuff like clubbing, drinking, photos with cars he allegedly owns. At least Naqvi tries to be subtle about it. Emphasis on tries.
AMEN!!!
Contra, billboards of Steve P., which always make me laugh. Our problem is too many of the first Steves, and not enough of the second.
Second Steve P.'s billboards – big fan!
I find the Steve D ads very bizarre. As far as I can tell, his firm does no litigaiton. The Naqvi people are almost as bad, but their ads are not as crass as those of Steve D.
Pardon my ignorance, but who da heck is Steve D? The only billboards I see feature that handsome devil, Naqvi.
Dimopoulos
I hate billable hours. I hate that i have to track every 6 minutes of my day. I hate that partners would rather have billable hours than resolve the case.
I also hate those of you on the salary post who said you went on your own and make so much. I don't have any clients and I feel like that is a key factor in going on your own.
Depends what area of law but I’m in family law and got around 20 clients the first month just from other lawyers who didn’t want the crazies – didn’t say it was easy but it got me started
Solo for 21 years.
Went out on my own in January, rented a little office with my year end bonus. Took everything that came in the door, learned the shit out of it and good good at it. Went 6 months without a paycheck. Ended up doubling my income for the year.
You have clients. Make them value you and prefer talking to you over the partners. Even if its on the basis of a cheaper hourly rate. Make them prefer talking to you. That practice formed the basis for the few clients that I did take with me.
Make friends with attorneys outside your practice area. For example, if you practice criminal defense, make connections with family law attorneys. It is not an insignificant number of family law cases that need criminal intervention and vice versa. Another thing is, don't accept referral fees when you do refer cases out. Ask the other attorney to reciprocate the referral. It turns into work sooner than you think.
@1:22, I’ve considered leaving the billable grind and switching to a solo family law practice. How hard was it to learn family law? I make about $275k, so not insignificant money, but I think I’d be happier on my own earning 1/4-1/3 of that and my spouse does well enough that we aren’t dependent on my income.
You can learn Family Law relatively easily (remember best interest and factors for custody) but can you deal with nutso clients who always claim their soon to be ex is a narcissist? Who whine if their kid comes home 5 minutes late, doesn't make the kid wear socks (socks? Yeah, I had a client complain for weeks about socks), lie, conceal assets and are generally unpleasant. Remember, in criminal law you see bad people on good behavior, in family law you see good people on bad behavior. Want to see what it's like, view the Family Court Support Group (Clark County NV) and avoid "he who shall not be named" at all costs if you value anything of your reputation!
Great advice from this thread!! Love @749's take on good people behaving badly. If you are going to do family law, the biggest piece of advice is learn and maintain client control. I have actually forbidden several clients from communicating without my input. "You will say THIS… and you are not allowed to respond without my approval…Here text this." If they repeatedly go off the rez, drop them. They will appreciate it for you. Make them understand that they have to be wearing the white hat when they walk in that courtroom. Let the Opposing Party lose their case for themselves.
I like 7:49's insights. Nice. There ain't enough gold in Ft. Knox for me to touch family law, but I admire those attorneys who plough those wretched fields of failed families.
i hate DAs who want to keep the death penalty as a bargaining chip and promote it to get re-elected while capital defense attorneys are arguing for its abolition even though it means the end of their jobs.
https://www.foxnews.com/us/north-carolina-attorney-shot-dead-client-law-firm
Attorney was involved in a large capping scheme.
I used to work for an attorney who did family law mediations (~5-6 years ago). We had a safe behind the receptionist's desk that we'd use to store any guns for people who came to those mediations. A requirement was we searched jackets, bags, purses, and had a metal detector wand. It surprised me how often people would conceal carry at a mediation. I have a CCW and regularly conceal carry at my own office, hotels/casinos, etc, so I understand the reason – but still, to a heated mediation?
There was an attorney who brandished a piece during a heated deposition a few years ago. This story is a good reminder that I need to get a handgun, CCW and training. I think it's a good idea for every attorney to keep a sidearm at his/her desk.
Well, I’ve had a few depos where I took the seat closest to the door in case I had to bail in a hurry, but that’s about as bad as it’s been for me.
I have carried every day since 2002. It's become a part of me.
Can't recall the number of times I have had to turn around on the steps of the RJC to return my firearm to my car.
Also, does anyone know which judges still carry on the bench? My guess is not many. I have a couple of Jim Mahan stories that would make you chuckle.
Why do we need to put "hearing requested" on every single motion filed? All motions need a hearing. Seems absolutely pointless.
Actually some do not need hearings e.g. ex parte ost
Um, those are not filed, they're submitted to get an ost hearing.
The Motion/Application for OST is filed; the Order is then uploaded and filed by the Court.
You must not practice here, or you don't know what you're talking about. On an ost motion you send the ost request to the court. So there is no need for a hearing requested in the caption. Get with it.
Absolutely practice here (25+ years) and always file the Ex Parte Application for OST (same as an ex parte application for TRO, same as ex parte application for prejudgment writ of attachment). The Motion/Application has to be in the file so there is a record of what was requested and what was granted. This concept that there are pleadings that are submitted to the court but never filed, and orders entered on unfiled pleadings, is antithetical to the rules of the court.
You literally don't understand.
I have actually filed a few motions without the "Hearing Requested" and the clerk's office went ahead and set a hearing anyway.
Mine have gotten rejected without a hearing requested in the caption. Dumb.
I have said "Hearing Not Requested"; hearing was set anyway. Said "Hearing Requested" and no hearing was set.
Should attorneys be denied entry to public events? Anyone here suing mgm ever been denied entry? https://www.today.com/news/mom-kicked-out-rockettes-show-facial-recognition-technology-rcna62657
Wow!….that is nuts!
But, MSG, in addition to operating Radio City Music Hall, also is developing the Sphere here in Las Vegas. It's at least possible that they will use the same or similar "security" measures at that venue.
Big bro dropping the hammer down on its enemies.
Dope that I am, I somehow managed to watch the entire first day of the Kari Lake trial. Not one attorney in that courtroom could prevail against our elite trial attorneys. Poor judge looked like a deer in the headlights but moved things along fairly well — meh, he ain't no G-Force, let me tell you.
Resolution 2023: rack a jury. Win, lose, or draw, I am having some fun in 2023!
I'm surprised that nobody has mentioned the break with the county engineered by the executive cabal of the RJC which was done in secret.
Speak!
DO tell.