Hooge explaining the intricacies of Trust Accounts is like my Goldfish writing an AI program – I think I just shat myself haha
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Anonymous
August 31, 2023 6:10 pm
11:08 back, next up "Mike Pence Explains How to be Personable at Debates," "Fani Willis Explains How to Undercharge," and "Rudy Giuliani Explains How to Keep One's Career On-Track."
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Anonymous
August 31, 2023 6:17 pm
Give credit to Hooge for trying. Trust fund accounting is pretty simple, but still trips up a lot of us and is a common bar complaint.
11:17 congratulations on just passing the bar! Welcome to the club. Once your naiveté sheds you will understand that it is not the trip ups that harm usually well-intentioned attorneys (usually, not always) but the prosecutorial bent of the bar counsel focusing on their non-buddies.
IDK about y'all Gen Z and Millennial attorneys like 1117, but we Gen X'ers were taught in school how to balance a checkbook and were taught by our parents not to take anything that didn't belong to us. Problem solved without getting "tripped up".
Sorry if your lack of education gets you tripped up from time to time.
Boomers are functionally and morally equivalent to Millennials, minus the avocado toast. Two of the worst generations in American history and we're sandwiched right in the middle, trying to provide moral clarity, like 11:32. It really is that simple. Reconcile your trust account. Monitor it. Don't steal.
11:37 hit it on the head, I will only add that if you are not one of the gang down on Charleston, reconcile it twice because they are the Wyatt Earps of the Bar (see DH LinkedIn for his self-description).
Which is why I don't mind if the State Bar sponsors it, but let's get someone who knows what the hell they are talking about. Who can speak from experience, provide sample forms, etc.
(Continued) – were they to take any service fees or payments, etc. out of the IOLTA. They did anyway, to pay for checks, even though they had personally and repeatedly assured me the payment was coming from another account. Which, because I hadn't taken on clients and had a zero balance, overdrew the account. This caused an absolutely massive headache, which the OBC did nothing to assuage until I eventually got the letter that they weren't going to pursue it further.
So, after that, I put money into my own trust account as a safety cushion. The rules say you can put it there to pay for fees. Am I commingling funds if I never anticipate any fees? Is this against the RPC? Don't know. The ethics hotline absolutely refused to provide an answer. So, what experience can DH draw on to guide practitioners?
My understanding is that it IS against the rules because of comingling but I know several people that do this. Not advising it but I know a couple people who always had a "family project" for the exact amount of the overage that could be "in process" if the obc came calling. In other words, had an overage amount to prevent a bank error, etc. but that could be justified "haven't earned that $1,000 yet from Family Member Z" if it was questioned. Shame that people have to plan for false grievances in NV.
Boomers are a 20 year range from 1946 post-war babies to 1964. That puts them at age 59-77. Gen Xers are from 1965 to 1980, so they are 43-58. Millennials, aka Generation Y were 1981-1996, making them 27-42. The Millennials aren't teenagers anymore. The teens of today fall in the category of "Zoomers" 1997-2012.
Now get off my lawn.
2:34 I think I know you but remember many of the “streets” aren’t always asphalt and certainly many didn’t exist. Neither did Green Valley or Summerlin, etc. or to bring the comments full circle neither did Trust Account expert Daniel
In high school we used to drive "way out" into the desert, take a dirt road into a wash, and drink beer, turn the radios of all the cars to the same station.
There is now a large tract of homes in that place. The desert is completely built over.
Top of Sahara. Especially fun after they paved Rainbow, but before businesses went up, and we had a party pit and drag strip every Friday and Saturday night for the better part of a year.
FWIW 3 days after this thread, RPC 1.15 (Safekeeping property) expressly allows keeping your own funds in a trust account for bank charges, "(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose."
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Anonymous
August 31, 2023 6:44 pm
Sorry, can't have manufacturing, we're busy building an endless sea of single-family homes (that are so close together you can jo your neighbor through the second floor windows).
You can blame politicians and the planning department. Zoning does not mean anything. If a Developer waves some money around, high density R-1 and multi family developments are regularly approved over the master plan lower density zoning.
…and while I am on a rant, we do not need a stop and rob convenience store and gas station on every corner of every intersection.
. . . and while you're at it, please build tons of shitty apartments on formerly awesome, now defunct golf courses. Because, ya know . . . . developers.
Yes, the newer apartment devs are gigantic 3 story wood frame construction, very high density, with little to no open space in the building for fire breaks. It is likely that some will become high crime ghettos in 20 years and unfortunately may become fire traps for residents.
They just built Thrive condo complex near West Charleston and the 215. 131 units on 2.6 across. Each unit costs buyer around $500,000. So cramped you can't see anything but asphalt.
I looked into pre-buying a Thrive unit but it was sold out before they broke ground. How much the handsome developer making per door? $250k?
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Anonymous
September 1, 2023 5:19 am
All of you are so annoying. It’s BAR! It’s Plaintiff! It’s Defense! It’s the Gov! It’s Mills/Booms/xooms. Can all of you fucking STOP bitching??? DO SOMETHING AND STOP CRYING.
Remind me again Hooge's professional experience running a private law firm and having to manage client monies. (I will hang up and listen).
I was thinking the same thing. He was a DA in a county with a tiny population and then became Bar Counsel. Period.
Yeah…has that guy even had an IOLTA?
Hooge explaining the intricacies of Trust Accounts is like my Goldfish writing an AI program – I think I just shat myself haha
11:08 back, next up "Mike Pence Explains How to be Personable at Debates," "Fani Willis Explains How to Undercharge," and "Rudy Giuliani Explains How to Keep One's Career On-Track."
Give credit to Hooge for trying. Trust fund accounting is pretty simple, but still trips up a lot of us and is a common bar complaint.
11:17 congratulations on just passing the bar! Welcome to the club. Once your naiveté sheds you will understand that it is not the trip ups that harm usually well-intentioned attorneys (usually, not always) but the prosecutorial bent of the bar counsel focusing on their non-buddies.
IDK about y'all Gen Z and Millennial attorneys like 1117, but we Gen X'ers were taught in school how to balance a checkbook and were taught by our parents not to take anything that didn't belong to us. Problem solved without getting "tripped up".
Sorry if your lack of education gets you tripped up from time to time.
Boomers are functionally and morally equivalent to Millennials, minus the avocado toast. Two of the worst generations in American history and we're sandwiched right in the middle, trying to provide moral clarity, like 11:32. It really is that simple. Reconcile your trust account. Monitor it. Don't steal.
11:37 hit it on the head, I will only add that if you are not one of the gang down on Charleston, reconcile it twice because they are the Wyatt Earps of the Bar (see DH LinkedIn for his self-description).
11:17,
Which is why I don't mind if the State Bar sponsors it, but let's get someone who knows what the hell they are talking about. Who can speak from experience, provide sample forms, etc.
If you want actual, useful information, try looking into a State Bar that isn't focused on scalp-hunting.
https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Client-Trust-Accounting-IOLTA/Client-Trust-Accounting-Resources
Let me give you an example. I opened my firm and set up a trust account. I made it very, very clear to the bank that under no circumstances
(Continued) – were they to take any service fees or payments, etc. out of the IOLTA. They did anyway, to pay for checks, even though they had personally and repeatedly assured me the payment was coming from another account. Which, because I hadn't taken on clients and had a zero balance, overdrew the account. This caused an absolutely massive headache, which the OBC did nothing to assuage until I eventually got the letter that they weren't going to pursue it further.
So, after that, I put money into my own trust account as a safety cushion. The rules say you can put it there to pay for fees. Am I commingling funds if I never anticipate any fees? Is this against the RPC? Don't know. The ethics hotline absolutely refused to provide an answer. So, what experience can DH draw on to guide practitioners?
I'm a boomer but would have to admit 11:37 has a point. Me and my cohorts are rather despicable.
My understanding is that it IS against the rules because of comingling but I know several people that do this. Not advising it but I know a couple people who always had a "family project" for the exact amount of the overage that could be "in process" if the obc came calling. In other words, had an overage amount to prevent a bank error, etc. but that could be justified "haven't earned that $1,000 yet from Family Member Z" if it was questioned. Shame that people have to plan for false grievances in NV.
1:04 cont. referring to 12:32 putting own money in account.
Okay zoomers.
Aren't "boomers" in their mid to late 70's by now? What are the birth year ranges for all these labels?
I’m a Thwackoomer i.e. one who lives during the time of thwackery on this blog.
We are a whole generations of this ☝️☝️
Boomers are a 20 year range from 1946 post-war babies to 1964. That puts them at age 59-77. Gen Xers are from 1965 to 1980, so they are 43-58. Millennials, aka Generation Y were 1981-1996, making them 27-42. The Millennials aren't teenagers anymore. The teens of today fall in the category of "Zoomers" 1997-2012.
Now get off my lawn.
I drank from a garden hose and ran barefoot on the hot asphalt streets of Vegas in the 70s-80s.
I just found out I’m a Boomer wtf?!
2:34 I think I know you but remember many of the “streets” aren’t always asphalt and certainly many didn’t exist. Neither did Green Valley or Summerlin, etc. or to bring the comments full circle neither did Trust Account expert Daniel
234 here. I have always called the streets asphalt, because as a kid, I liked pronouncing it ASSfalt.
But GV and Summerlin were not even a thing when I was a kid.
In high school we used to drive "way out" into the desert, take a dirt road into a wash, and drink beer, turn the radios of all the cars to the same station.
There is now a large tract of homes in that place. The desert is completely built over.
We did exactly the same thing.
Of course, where we used to go, the houses are now Seven Hills.
Top of Sahara. Especially fun after they paved Rainbow, but before businesses went up, and we had a party pit and drag strip every Friday and Saturday night for the better part of a year.
Party pit, drag strip, and surfing the waves of Rainbow Blvd. out towards Blue Diamond.
FWIW 3 days after this thread, RPC 1.15 (Safekeeping property) expressly allows keeping your own funds in a trust account for bank charges, "(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose."
Sorry, can't have manufacturing, we're busy building an endless sea of single-family homes (that are so close together you can jo your neighbor through the second floor windows).
You can blame politicians and the planning department. Zoning does not mean anything. If a Developer waves some money around, high density R-1 and multi family developments are regularly approved over the master plan lower density zoning.
…and while I am on a rant, we do not need a stop and rob convenience store and gas station on every corner of every intersection.
. . . and while you're at it, please build tons of shitty apartments on formerly awesome, now defunct golf courses. Because, ya know . . . . developers.
Yes, the newer apartment devs are gigantic 3 story wood frame construction, very high density, with little to no open space in the building for fire breaks. It is likely that some will become high crime ghettos in 20 years and unfortunately may become fire traps for residents.
those apartments that burned for 4 days earlier this summer were like that.
That was insurance fraud. Somebody going to prison over that one.
The last report I saw was that it was undetermined origin.
Exactly as they planned.
They just built Thrive condo complex near West Charleston and the 215. 131 units on 2.6 across. Each unit costs buyer around $500,000. So cramped you can't see anything but asphalt.
Yes, but they're luxurious to the CA buyers moving into them from the rickety shacks they're used to.
California homes look pretty much the same as tract homes here.
I looked into pre-buying a Thrive unit but it was sold out before they broke ground. How much the handsome developer making per door? $250k?
All of you are so annoying. It’s BAR! It’s Plaintiff! It’s Defense! It’s the Gov! It’s Mills/Booms/xooms. Can all of you fucking STOP bitching??? DO SOMETHING AND STOP CRYING.
TF you talking about?
Who you people?
@1:29 is a moron.
To go off the title of this post, the Central Failiure is all you clowns. Stop being the reason stereotypes exist. Bitches. For fucks sake grow up.
LOL! 1019 was so mad that he/she/it had to post twice within 6 minutes, the same thing.
Here ya go, fella.
Cry harder.
Imagine bitching about bitching by being on a law blog at 10:30 at night.