- law dawg
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In case you missed it, we are in the middle of the 2024 Board of Governor elections. You should have received an email with the voting link a couple of weeks ago. For more information, visit this link. While we’re on the topic, what are your thoughts on the current state of the State Bar of Nevada. Is it really as bad as a few commenters make it seem? What are they doing right? Are their communications sufficient? Are they addressing the things that are important to you? What do you think they could do better?
Women solos, talk to me. What’s your story? I’m considering it. Not family law or criminal, though.
Live WAY below your means and hire a good bookkeeper.
Brilliant advice.
Not a woman although I have a woman’s name, but feel free to reach out if you want any advice on mistakes to avoid. I have made many and would gladly share whatever I can. Jsc@jcogburnlaw.com
Network, network.
Work your ass off, don’t be afraid to learn other areas of the law. Serve your clients well, return every phone call, email and text message within 24 hours and tell them up front that this is how you roll.
Manage client control and expectations.
Keep it small, keep it all.
How about the BoG take action on the mental health crisis our community is experiencing. I realize they’re busy going on bar dues funded site surveys to check out new vacation…I mean new convention spots, but a suicide every 6 months is not normal. And the 3 therapy visits that require you to out yourself to OBC are a joke. Employee Assistance Programs do not require you to out yourself so why does the bar do that to us?
I am voting for John Aldrich to the Board of Governors. I am so sick and tired of the diversity b.s. they are ramming down our throats. Tired of them picking on solos and getting a bound of flesh by the BOG. Tired of their wasteful spending when we have the highest bar dues in the nation. On top of that they are dumbing down the bar exam and eliminating it as we know it.
Nuts.
Sorry about that meant to say a “pound” of flesh. OBC picks on solos. We don’t need a study on that. Just look at the disciplinary actions brought.
I can think of 2 solos who committed suicide after the bar went after them.
Shut up about the DEI stuff. If you want to be a racist, just say so. Go get yourself a white sheet and burn something in your backyard, but ffs stop bitching about it on this blog.
DEI itself is racist.
How is DEI racist?
If there is a specific hiring quota based on race/age/sex/religion/etc., then sure, that’s probably not ok.
Is learning to recognize implicit biases racist?
Is taking a probono case racist?
Is serving as a mock trial judge in an underserved community racist?
Is mentoring new hires to ensure they learn the firm culture and how to advance in the firm racist?
Is (not exclusively) hiring from underrepresented groups or colleges racist?
I ask because you can do 5 of these things and get the bar’s “DEI Medallion” – really doesn’t seem like anything is being rammed down my throat, except the constant vague complaining about DEI on here.
Curious about what negative impacts anyone can articulate that has been directly caused by any specific DEI programs they have had in their workplace. I for one am at zero for 3 years and counting.
Affirmative action = DEI
Solid, substantive response
DEI is Affirmative Action on steroids. DEI is all about hiring unqualified persons due to muh, diversity. DEI is the reason why Washington eliminated the bar exam. DEI is the reason why certain school have eliminated Honors or AP programs.
No cap.
The point is that our bar dues should not be used to promote political activities like DEI. This is what caused a rebellion by the lawyers in California and the lawsuits which prohibited State Bar of California from promoting causes. I am a member of the Cali bar and pleased they stopped that nonsense.
Well that’s a totally different thing, right? Being against it because it’s “racist” or being against it because it’s a policy choice and you don’t want your bar dues supporting a certain policy choice?
Settle down, Beavis. Your opinion is just that. While you may think this Diversity + Inclusion stuff is a good thing, I have a different of opinion as it is reverse discrimination. If you don’t like valuing my opinion, then maybe you are the problem.
DEI is racist because it is disguised affirmative action. 10:49 AM obviously needs to study Con. Law and read the cases. DEI is check the box as the qualification in place of qualifications. It is the antithesis of merit based system. It is so ridiculous for our bar dues to be used to promote something which is so obvious. We live in the most diverse city in the U.S.. We have the most diverse judiciary–more female than male.
Yes, because the current system is so famously merit based.
No it is merit based that is the point. DEI is everywhere. Does not belong in our bar dues.
A friend of mine is a partner in a large firm. A few years ago, a few of the large national corporations backed out from having the firm represent them, despite excellent results achieved by the firm, because their board of directors insisted they needed a list of all partners working on their cases that fit the DEI criteria (including diverse race, gender pronouns, minority status, etc.)
Since it is a firm in Las Vegas, there were virtually none that fit that narrow criteria, as they primarily concentrated on results-driven litigation. As such, they lost some business.
DEI is fine purely as an aspirational idea, but in practicality it equates to reverse discrimination, degrades merit achievements in favor of…well something else that people do not control, and causes financial and other damages throughout the legal community.
The fact is, I know EXCELLENT lawyers of all genders and races that are a credit to their community and this profession. Not one has achieved that because of the preferential treatment advocated by DEI.
You may disagree with me, but I have been around for many decades and I have seen what happens. DEI needs to go (just like it will likely go away on college campuses in the near future when the current climate of incontrollable antisemitism is curbed).
Well said. Its virtue signaling of the highest order.
If you’ve been around that long, and be honest, have you encountered in your workplace excellent lawyers who were NOT hired because of their gender or race? Be honest now.
12:04 here. No. I honestly have not. I worked in a very large firm in the beginning of my career along with many people of color and gender identity/sexuality and I still consider these folks my good friends. So no. I experienced purely merit based hiring and promotions and I see the same, generally, in the field that I practice now.
I am sure it has happened. I am not denying reality. However, I would suspect it happens in our field far less than most other fields, because the unemployment among lawyers is virtually 0 in this State.
Lets not kids ourselves.
We have all experienced DEI hires and their relative competence AND we have all experienced merit based hires of every race and gender.
You know which is preferable and to claim the former is preferable is to show us that you are Boyd ’13.
Isn’t running your firm in a way that satisfies potential and current clients’ needs and requirements a meritorious strategy?
Your clients’ priorities matter.
You’re doing your employees a disservice if you’re losing out on business that you can’t replace because you don’t like those priorities.
There are plenty of dynamics where we as attorneys get to dictate our client’s relationship to us, but there’s nothing inherent about our services that should make us above the needs of our clients.
“Needs”
LMFAO!! GTFOH!
LOL. None of this shit is DEI. Go touch some grass, take a Xanax or switch to Indica.
DEI compliance means hiring to make your business/firm mirror the relative percentages of the various races in the population. So to comply, you have to make a race based decision on the applicant.
Quota hiring under a different label.
I am disheartened to hear when ANYONE apologizes for the color of their skin.
It’s not that big of a deal. You can probably just ignore it altogether if it doesn’t make sense to you.
That is pretty weak approach. DEI doesn’t work, has never worked and is more racist than the white sheet wearing knuckleheads you refer to.
Its just Affirmative Action from the 1980’s rebranded.
I truly love John as a friend and a person and he is a fantastic lawyer, but these are not the reasons to vote for him and if you knew him well enough to know his politics, you might reconsider.
Well, then tell us what his politics are, please.
IYKYK.
Like I said, I love John. Personally and professionally. I trust him implicitly to do what he says he will do. He earned my trust and loyalty and did so honestly and fully. But, I am not convinced that I will vote for him . . . . yet.
On the one hand his experience as a small firm, solo is truly meritorious. But some of his personal political stances make me hesitate as to how they will translate to the BOG.
Weak. You should help inform the electorate. It’s an anonymous blog. What are you afraid of? Respectfully, please put up or shut up. Thx.
I don’t GAF about the electorate or informing you. so, I will neither be putting up or shutting up.
Thx.
Then you should have kept your mouth shut to begin with. Why’d you post your initial comments? You wanted to share your internal dialogue?
No. I want people to educate THEMSELVES. Not my job.
Besides, I should have expanded my “don’t GAF” to include what you think about me or my comments.
✌🏻
What about John’s opponent-Claudia Aguayo? Government lawyer. What is her stance on DEI?. She is active in Latin Bar. She does not mention DEI. But neither does John Aldrich. Claudia already has specialty bars pushing her candidacy. Alrdich is a small practitioner and he will be good for the solos. Leaning towards Aldrich.
Again, your information is wrong. The 3 therapy sessions are free and no record is generated. Also, any communications through Lawyers Concerned for Lawyers is not only confidential, they are, by rule, expressly inadmissible in a discipline proceeding.
I also have a bridge I’ll sell you for dirt cheap. It’s in Brooklyn, NY, but it’s priced to sell.
I don’t trust the system either. Wont be taking advantage of this “program”.
We need to stop funding the bar/court annual vacation. Separate licensing from professional lobbying and let the association side be optional. I think all licensing boards need to just regulate and do nothing else.
Excellent idea. New York? Santa Fe? Why?
The bar president gets to pick as a perk of their role.
P.A. picking New York: “It’s a banana, Michael, what could it cost? 10 dollars?”
We younger lawyers are feeling it… I hope the $300 mandatory TIP Mentorship fee i just paid goes to a masseuse or bartender that really needs in in Santa Fe this year.
TIP program is just extortion with extra steps. Waste of time and resources, especially when 80% of the listed mentors refuse to supervise anyone outside their own firm. I intend to bs it as much as possible.
Has this been discussed yet?
https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes
It hasn’t, not that I am aware of.
Zero chance that this doesn’t get challenged and overturned.
Besides we can get around it with non-solicitation agreements.
Is there some legislation authorizing this new FTC rule?
Oh child. That is so cute.
Of course not.
[pats head]
FTC Votes 3-2 to bar Non-Compete Agreements.
https://www.reviewjournal.com/business/new-federal-rule-would-bar-noncompete-agreements-for-most-employees-3039004/?utm_campaign=widget&utm_medium=topnews&utm_source=business&utm_term=New+federal+rule+would+bar+%E2%80%98noncompete%E2%80%99+agreements+for+most+employees
Sorry for the double post. Did not see someone beat me to it.
This is something that states should be setting policy on, not the federal government. Who the fuck is the federal government to come in and just override Nevada law on this? GTFO feds.
. . . and the Courts
Supremacy clasue?
Lee Roberts from Weinberg Wheeler represents Ahern Rental and gets hit for $845 Million. Think I saw someone reference this last week but it popped on my radar today.
https://www.dailyjournal.com/article/378044-845m-judgment-confirmed-in-massive-solar-power-scam
I just discovered that my assistant miscalendared an important deadline (opposition to MSJ). My assistant was looking at Federal rules and thought I had 3 weeks, but we’re in the 8th. I had filed my opp based on the incorrect deadline, without realizing it. My first notice of the error was when opposing counsel filed a request to disregard my opp as untimely as part of their reply. Not a motion to strike, which I could oppose, but just a notification of its untimeliness.
First of all, I’m not going to throw my assistant under the bus. I should have caught this and I will fully take the blame.
But secondly, what can/should I do now? Should I just wait for the hearing, or is there something I can file? Is there any good caselaw that I could rely on? I am freaked out by the idea of losing a motion that substantively is squarely in my favor.
Depends on who your judge is.
Preference to hear matters on the merits . . bla bla bla.
Don’t prejudice my client for “our” miscalculation.
Call OC and ask for some prof courtesy and withdraw the request, if you feel it can be asked for.
Nevada favors adjudication on the merits. In the 8th you’re unlikely to lose a SJ motion because your opp is a week late. there are hundreds of cases saying that, just have a citation ready for the hearing and explain your problem. And never use your assistant as an excuse, just say you mis calendared it. If you’re really worried file a motion for leave to file a late opposition analyzing EDCR 2.20.
Just say “we” or “my office” mis-calendared it. “Our fault”
The judge will get it and respect you for not overtly blaming an assistant and its not lying to the judge by saying it was you.
I have seen many a judge cringe when an attorney blames a staffer and it never bodes well. I have never done that, because I know its my responsibility and I am not a dick.
3:48 here. I agree completely. I am taking full responsibility for what happened and whatever the consequences are. This is, at the end of the day, my fault. Also, other than having a conversation with my assistant about what happened and how to prevent it in the future, no consequences for them.
There is a reason opposing counsel did not file a motion to strike. Probably a lot of effort for nothing. Judges are not even granting motions for summary judgment based on the failure to timely file responses to Requests for Production.
for Admission typo
If you have a judge who so strictly enforces EDCR 2.20/2.23 on a dispositive motion, then you feel free to cue your appeal. If Opposing Counsel needs more time for a reply, you grant the extension but cite every case that states that the policy of this state is to hear matters on the merits and opposing counsel/party suffered no prejudice by the Opposition being filed in 21 days rather than 14.
Definitely depends on the Judge. File a simple response to to their “notification” explaining you do a lot of work in Federal Court and, unfortunately, miscalculated your deadline. Include everything everyone else is saying, full responsibility, etc. Then it’s up to the judge. Further, the Supreme Court strongly frowns upon Summary Judgment because you miscalculated a deadline. File something so there is a record just in case your Judge does grant it based on an untimely filing.
Does anyone know of any CLE providers that actually produce decent CLEs based on Nevada law anymore? Besides the Bar, their options are limited. I’m looking for one on insurance law. Thanks!
9:21 AM-The Clark County Bar should be offering a class on Insurance Law very soon. CLE is free to CCBA members.
I’ll look for it. Thanks.
You can also try LACSN. They offer free CLEs to volunteer attorneys. They have some on-demand. Probably not insurance law though…
NBI does Nevada-based CLEs. The Law Library used to have a whole section devoted to CLEs. Used to be able to check them out, get your credits in, and be mostly done for $50 year. They still have that section, but all their offerings have aged out now and you can’t use them for credits. Since the last CLE acquired by the library was in 2021, I suspect the Bar’s need to squeeze money from every possible source of CLE credit likely killed off the Library’s desire to stock them.
Bravo sir. You have actually been to the library. I am old enough to remember the days that it was just Mort Galane and me in that library. But I have not set foot in there in 15 years
its been over 20 years for me. My favorite thing down there as a new associate were the treatises called “Causes of Action”.
My favorite thing about the library was the smell of urine in the corners but the employees were always nice and helpful.