A Lot Of Dynamics

  • Law

  • Now Justice Herndon got in one last ruling in the Badlands case before he vacated the district court bench. [RJ
  • AG Aaron Ford weighs in on the role that race played in police response to the Capitol rioters. [Fox5Vegas]
  • A Texas lawyer who participated in the riots was fired from his job. [Fox News]
  • The FBI is trying to return items left at the site of the October 1 shooting. [8NewsNow]
  • The US had over 4,000 coronavirus related deaths yesterday. [8NewsNow]
  • Meanwhile, 1 in 13 Nevadans have tested positive since last March. [TNI]
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Anonymous
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Anonymous
January 8, 2021 6:54 pm

So if it's 1:13 on positive tests, what does that mean for the true number of infections?

Scott Gottleib, MD (former FDA Chief 11/6/2020): "We’re probably, at best, diagnosing 1 in 5 cases right now….” https://cnb.cx/3otJXL1

CDC 7/21/2020: "For most sites, it is likely that greater than 10 times more infections occurred than the number of reported Covid-19 cases…." https://cnn.it/2XnwxnN

There will most certainly be a holiday bump in cases over the next 2-3 weeks. We know these newer cases are less acute and hospital stays are 2-3 days.

Should we do more? Should we do less? It's Friday, share an opinion (fact based).

Anonymous
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Anonymous
January 8, 2021 7:01 pm

Sorry for the rant, but I just need to get this off my chest. I'm so tired of being an attorney and I hate my job. I've been grinding it out for almost 10 years as an attorney and have felt like this for quite some time but do not think a change of occupation is realistic. After a lot of self-reflection, I realize most of my frustration is rooted within myself and things I can change. I'm not trying to blame others. I changed jobs about a year ago and have found that I absolutely resent the people I work with now. I also don't like the lack of control I have over the clients and cases I work on. I don't sleep well; I don't eat well; I can't focus; my family life is struggling. Politcal upheavel and pandemic is not helpful either. There's about 100 times a day that I want to walk into my boss's office and quit on the spot.

I don't drink or do drugs. I'm not a danger to myself or others – I'd seek help if I thought that was a problem.

I definately need to change jobs, but can't find anything out there for me right now. I think the next step for my mental survival is to go out on my own, be my own boss, take on the clients I want, and do the work I want.

For you solo practitioners – what do you know now that you wish you knew when you started? Any tips on how I get prepared for this before I quit my job? What do I need to do to hang my own shingle?

Anonymous
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Anonymous
January 8, 2021 7:21 pm
Reply to  Anonymous

#1 thing you need is your own book of business. Don't assume that you will get clients when you open your own firm. Best bet is to do good work for your current clients so that they will go with you when you leave the firm. But don't expect them all to do so.

Solo practice can be very hard. You don't mention what area of law you practice in. A lot of corporate clients won't hire a solo, even if you provide good work for less money.

If you are doing family law, criminal defense, etc., that may be a whole different thing, but I do not have any experience in those areas.

Anonymous
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Anonymous
January 8, 2021 7:48 pm
Reply to  Anonymous

I'm really sorry you feel like that. I've been practicing about the same amount of time and although I do not hate my boss, I still feel like quitting a 100X a day. This career is just a miserable grind. I'd recommend getting a therapist.

If you choose to go solo, make friends with other attorneys. They are your best referral sources. Don't take referral fees when you refer cases out – instead ask those attorneys for referrals back to you. Take care of your clients and work to keep them happy. Fire abusive clients. It's not worth it to hang on to a case with a bastard of a client who makes you feel like hell. File to withdraw at the first sign of a problem and you'll be happier. Instead of being a solo though, try to find a friend to team up with or at least another solo you can share space with and be back up for each other.

From what I've seen, criminal defense attorneys have a pretty good life. They spend a lot of time in court, their client's are usually appreciative, and they aren't chained to their desk because they don't write a whole lot. I know that's a generalization, but ask around.

Anonymous
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Anonymous
January 8, 2021 8:01 pm
Reply to  Anonymous

My advice is brush your teeth. Be thankful you are healthy. Go to counseling if it helps deal with the stress. Save money and be frugal. And find someone in this bullshit profession who can you trust. It is hard to do, I would offer to help, but I don't want to put my contact info on here. I wish you luck!

Anonymous
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Anonymous
January 8, 2021 8:10 pm
Reply to  Anonymous

https://bit.ly/2LCCdrh

Go see an occupational hypnotherapist.

Anonymous
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Anonymous
January 8, 2021 8:20 pm
Reply to  Anonymous

So I'm curious what area you practice in, but I'm also happy to chat to see if you could find a better path forward. I'm a partner at a firm and while I'm mostly happy, this is also the toughest gig I've ever had and still can't figure certain things out to my satisfaction. I'll reach out to LawDawg and QuickDraw and just give them permission to share who I am if you do want to go that route

Anonymous
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Anonymous
January 8, 2021 8:35 pm
Reply to  Anonymous

Multi area practice. I am on the southwest side of town.

Anonymous
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Anonymous
January 8, 2021 9:59 pm
Reply to  Anonymous

OP here – Thanks for the encouragement everyone. I am in the civil litigation practice of a larger firm in town. Not a large book of business because I'm too busy meeting hour requirements on established clients to build my own business (this is also part of my frustration). I've been at this firm for about a year now and hate the cliquishness, politics, arragonce, and inability of people to take accountabilty:

"Hey look at this great thing I did, everyone come pat my back and tell me how great I am"
"Why in the world did you do it that way, if you would have done it this way and then you wouldn't have lost"
"I lost because it was _____ fault"
"Here's a bunch of (needless) revisions for you to work through and incorporate into that pleading (that won't change how the judge is going to rule on it anyway) that you worked on so hard on (and that I'm going to cut your hours in half by, so that I can take credit for it and bill more than 24 hours of billable time today.)"

I find myself looking for excuses to be lazy at this firm because I hate it so much. I hate that I'm being lazy; I love working hard, but I'm just in this hole and can't focus. I hate my laziness and self-sabatoging. I want to work hard but I can't focus.

I miss my old smaller firm for sure. I like the idea of trying to team up with another solo practitioner. Now I just need to find one!

I really wish this blog required people to use usernames when posting; something that allows us to see who is who while still being anonymous. That way I could private message a few of you who responded.

Jessica Goodey
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Jessica Goodey
January 8, 2021 10:24 pm
Reply to  Anonymous

I'm sorry you're going through this. Sometimes this career is tough. I'm happy to talk to you about going solo, things to think about, and how to plan for it. You can give me a call at my office number or shoot me an email from a burner email if you would prefer to stay anonymous.

Anonymous
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Anonymous
January 8, 2021 10:40 pm
Reply to  Anonymous

I don't know who you are Jessica, but BRAVO to you to putting your name out there and making time for the OP. My next few PI referrals are coming your way!!!

Anonymous
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Anonymous
January 9, 2021 12:05 am
Reply to  Anonymous

First, I'm not a lawyer. I've been a legal marketing coach for over 20 years. My clients have had success developing quality new clients in virtually every practice area. I have had clients who disliked/hated practicing law. In almost every case, as lawyers successfully learn to build a book of business they actually enjoy each day more than the last.

Learning to attract quality clients (whether you work for yourself or a firm) brings you more choices in your practice and your life.

Marketing is not evil. It is based on you creating, building and maintaining relationships. Most of my clients actually enjoy creating relationships with quality clients. Legal marketing is about using the same set of communication skills you use daily as a lawyer, to attract better clients who value their relationships with you.

Most marketing lawyers believe that prospective clients deserve excellent legal services, usually better than they are getting now. And that is a driving force in developing a better book of business that could move with you.

Getting new clients is easy. Getting quality new clients is almost as easy, it just requires focus and understanding. And sometimes, especially if you are solo, accountability helps. Feel free to call me anytime.

Michael Flint
702-810-2269

Anonymous
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Anonymous
January 9, 2021 12:14 am
Reply to  Anonymous

Sounds too good to be true, but I may just dial your number. Thank you.

Anonymous
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Anonymous
January 9, 2021 12:16 am
Reply to  Anonymous

"cliquishness, politics, arrogance, and inability of people to take accountabilty" "and that I'm going to cut your hours in half by, so that I can take credit for it and bill more than 24 hours of billable time today."

I don't know who you are, but I know where you work. It doesn't get better. Also, word of advice: if you're one year in, and you still haven't been put on the website, maybe find a new firm. Toxic environments sap your strength and mental fortitude.

Anonymous
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Anonymous
January 9, 2021 7:07 am
Reply to  Anonymous

OP I'm about six years in and I bounced around a few times before I found a good fit. It sounds like you are in a place that you don't fit in. I've been there and it really sucks ass. Sounds like you need to start looking for a new firm. Practicing law is hard and stressful and a grind but there are far worse jobs you could be doing for far less money.

Anonymous
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Anonymous
January 10, 2021 2:07 am
Reply to  Anonymous

Let me guess ID firm on S. Rainbow. If you have only been practicing for 10 years its not too late to change careers. Find an industry you think you might like and go get a job. On the way out the door tell em to . . .

Anonymous
Guest
Anonymous
January 8, 2021 7:14 pm

I am so sorry you are going through this. This legal c9mmunity is awful. I am no longer surprised what the unethical judges in this town do and the nevada judicial ethics commission allow it. Do whatever relaxes you. Don't let the assholes get to you. And do not trust the Bar to help you.

Anonymous
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Anonymous
January 8, 2021 7:31 pm

My advice to 11:01 is to start drinking heavily.

Anonymous
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Anonymous
January 8, 2021 8:00 pm
Reply to  Anonymous

So I caught up my pal Jack Daniel's
And his partner Jimmy Beam
And we drank alone, yeah

Anonymous
Guest
Anonymous
January 8, 2021 7:44 pm

My advice to 11:01 is to change firms. I'm not kidding. It's not all a grind, it truly is not. If frustration is rooted in yourself – also go see a therapist. Do not make some rash decision because you've hit burnout. Try to maintain. I would bet no one around you is about to fire you. Take breaks, take time – think. Make an exit strategy. Find anyone you know who likes their firm and ask questions. Consider going government if it's an option. Look around. Do not quit immediately because you feel it's a grind. It is – but i promise you that if you do like being a lawyer in some capacity – there is a future for you somewhere. If you actually do not enjoy any aspect of the law – still take my advice. Make a plan. Read a book about other careers. Take your mind off the grind. Go part time. Take care of yourself and hey – why not drink? I'm happier when I do! About to hit it early today actually –

Anonymous
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Anonymous
January 8, 2021 8:53 pm
Reply to  Anonymous

You and me both, buddy.

Anonymous
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Anonymous
January 8, 2021 8:52 pm

When it's Antifa and BLM, it's not riots but free speech. When it's honest Americans who are furious that no one wants to address allegations of electoral fraud that deprived them of their rights, it's riots. Am I the only one who sees this?

And this has all the hallmarks of a false flag operation calculated to discredit a lawful protest. All the focus is on the handful of individuals who breached the capitol, not the hundreds of thousands who marched peacefully. Again, exactly the opposite of BLM and Antifa.

SCOTUS should have taken the appeal and ruled. Win or lose, at least the common man would feel he was heard. When the ballot box is stolen, and the court doors closed, what's left is the street.

Anonymous
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Anonymous
January 8, 2021 9:32 pm
Reply to  Anonymous

Hahahahahaha! Thanks for the good laugh, 12:52! Yep, no riots. Also, no one died. Oh and no destruction of federal property. Let's not forget that there were absolutely no molotov cocktails or bombs! Just some mentally healthy American Patriots peacefully marching arm-in-arm and singing church songs.

Anonymous
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Anonymous
January 8, 2021 9:35 pm
Reply to  Anonymous

You keep on running the streets with your thugs 12:52

Anonymous
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Anonymous
January 8, 2021 9:37 pm
Reply to  Anonymous

12:52 – You're not the only one, but you're in the extreme fringe minority of lunatics that can't look at things without wearing red or blue glasses. Most of us normal people can understand the difference between a protest in teh streets and burning/looting of buisiness; and the difference between a political rally/march on the Mall and breaking into the U.S. Capital.

I'm a republican who voted for Trump in 2016 and 2020. 75 million of us lost. Get over it; stop being part of the problem.

Anonymous
Guest
Anonymous
January 8, 2021 10:09 pm
Reply to  Anonymous

You seem unhinged.

It was not a peaceful protest at all. You are leaving comments on the internet so clearly you have access to online resources. Without even looking I've come across video after video of violence perpetrated by the Stop the Steal lunatics – in DC and elsewhere.

As for the so called looting during BLM protests – that was restricted to a small sub-group of the protests. Furthermore, it's been proven that many of the instigators of the violence and property damage during BLM and George Floyd protests were actually white supremacists looking to create problems for the peaceful protestors. Google the umbrella man in MN for proof. We even had a bunch of boogaloo boys arrested here in Vegas for planning violence during the protests.

Finally, property damage is NOT the same as breaking into the Capitol during a joint session of congress and attempting to steal electoral ballots. One is a crime, the other is treason.

Y'all lost and rightfully so. Oh and you lost the senate too. Won't it just piss you off to see Kamala come in and cast those tie-breaker votes. Ha!

Anonymous
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Anonymous
January 8, 2021 10:22 pm
Reply to  Anonymous

Holy shit, I wish I could examine 2:09 in an lab. A perfect specimen.

Anonymous
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Anonymous
January 8, 2021 10:36 pm
Reply to  Anonymous

2:09 – You're glasses are a dark shade of blue just like 12:52's glasses are a dark shade of red. It wasn't treason. Stop being a part of the problem.

Love, 1:37

Anonymous
Guest
Anonymous
January 8, 2021 10:56 pm
Reply to  Anonymous

2:09 here – I'm admittedly super liberal and I don't deny the glasses are blue, as you say; however, what I've said is true. I'm not posting crazy conspiracy theories that have been shot down by no less than 60 courts across this country. It is an absolute fact the umbrella man was one of the first to start damaging property in MN and he was found and arrested and is a white supremacist. There absolutely was violence by the Stop the Steal crowd. Google the protest in LA and see what they did to Berlinda Nibo. It is a fact there was boogaloo boys arrested in Vegas who were plotting to incite violence during the BLM protests. It is true that there is a massive difference between some property crimes and attempting to overthrow the government of this country. And don't say they weren't. Why did they have zip ties and guns in the capitol if it was just a peaceful protest?

And I will relish seeing Moscow Mitch's sad, pathetic little face when Kamala walks in with her chucks on and casts those tie breaker votes. It's a fact. Now stop both siding this crap and get back to work!

Anonymous
Guest
Anonymous
January 8, 2021 11:42 pm
Reply to  Anonymous

You motivated me to search umbrella man. No arrest. Just a bunch of crazy conspiracy theories. Is it your position the crowds trying to burn down the federal courthouses were "white" extremists (as opposed to the saintly "black" extremists)?

Meanwhile, the Nibo hoax reminds me of the Jussie Smollet hoax. I mean, you kind of have to be liberal to believe it. You damn well know a black woman walking in downtown LA is not worried about Trump supporters lurking about. On the other hand, try walking around with a Trump hat and see what happens.

Yes, we need to get back to work. Cheers!

Anonymous
Guest
Anonymous
January 9, 2021 4:27 am
Reply to  Anonymous

At 12:52, you are not alone. I 100% agree with you and so do many in this legal community who I've spoken with. There are clearly two different Americas right now. I fear this may not end well for either side.

Anonymous
Guest
Anonymous
January 8, 2021 10:17 pm

12:52 I'm with you. The number one role of the Courts historically is so that people do not take matters into their own hands. When 1/2 of the country thinks/knows the MSM, big tech, etc. colluded to produce an unfair election, I ask the other side (no longer the other party but straight out the enemy), what do you think those people are going to do? I will tell you. Hopefully, they will not act like the recent protesters who are on the fringe but the majority are going to take small, everyday actions that cannot be prevented like hiring who they want and associating with who they want, etc. and those who are trying to cram communism, alternative genderless lifestyles, etc. down our collective throats have only made the situation worse for themselves. But, as they never really wanted cohesion anyway, perhaps they are getting exactly what they want – the downtrodden to be even more trod upon (is that a word?) so they have more opportunities for demagoguery.

Anonymous
Guest
Anonymous
January 8, 2021 10:58 pm
Reply to  Anonymous

@ 2:17, the "role of the Courts" = agree with Trumpers only, right? How many lawsuits were filed? How many were successful? How many Republican/Trump appointed judges ruled in those UNsuccessful lawsuits? Exactly. Go home.

Anonymous
Guest
Anonymous
January 8, 2021 11:00 pm
Reply to  Anonymous

Straight out enemy? You're nuts. And why are you so worried about other people's gender? Worry aboutch yo'self!

There was no unfair election. You lost. Suck it up, buttercup.

Anonymous
Guest
Anonymous
January 8, 2021 11:16 pm
Reply to  Anonymous

What? I went to bed on election night with Trump leading PA by 700k votes. Philly goes dark. Stops counting. The next morning – viola! – they found enough votes to beat Trump. No observers, counting in the middle of the night. Puh-leese.

anonymous
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anonymous
January 9, 2021 12:57 am

John Barron here. What are you guys up to?

Anonymous
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Anonymous
January 9, 2021 3:12 am

RJ says Michael Karstedt died, I used him on many cases, really great guy.

Anonymous
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Anonymous
January 9, 2021 4:17 am
Reply to  Anonymous

Thank you for telling us. Michael was a wonderful person.

Anonymous
Guest
Anonymous
January 9, 2021 3:42 am

Maybe I will run for SOS in 2022. I want to fix some things.

#1 Amend the Nevada constitution to provide for proportionate representation and eliminate first-past-the-post. This would allow for all voices to be heard in proportion to their actual support in the population. It would also destabilize the "two parties at each other's throats" dynamic, and would make gerrymandering essentially obsolete.

#2 #1 too much for you? Fine. Let's at least do ranked choice voting. The Legislature will never pass either one, so I would support (but not with public funds, obviously) a ballot initiative to get it done.

#3 I acknowledge that our elections are not perfect and that there are things that need to be fixed. Making our elections more secure and also making it easy to vote for all eligible citizens are not mutually exclusive.

#4 I strongly encourage everyone, Dems, Reps, NPs, to volunteer to be poll workers. Actually, some of the positions are paid. I welcome press and the public to closely observe the election, and regular tours should be held.
(A large part of the problems this year stemmed from people just not understanding the nuts and bolts of how elections are run. They freaked out about things that happen in every election and are actually required by law, e.g., ballot duplicating boards. When things do go wrong, they are generally minor, what federal courts literally call "garden variety" election errors. Transparency and understanding of the process will build trust in our elections, and hopefully respect for all of the just regular people who work hard to make it happen.)

#5 Reduce Nevada's business registration fees. They are way too high.

#6 Take an evidence-based approach as a member of the Board of Examiners and other state oversight committees. Obviously decisions often must be made without full information, but whenever possible, decisions should be based on evidence, just as you would expect out of a good judge.

#7 Not that the SOS actually has much to do with this, but since I find myself writing a platform, I might as well carry on: I tend to be in favor of occupational licensing reform. I want my doctor to be licensed. But I don't care if my barber is licensed. Bad haircut? Go to someone else next time. Especially in a shitty economy, we should be doing whatever we can to reduce the barriers to people starting their own businesses.

#8 Again, getting afield of actual SOS duties, but I would favor repeal of state-level collective bargaining. The state already has extensive due process protections for classified employees. Collective bargaining will cost the state a fortune for little or no improvement in working conditions for the actual employees. (Free idea: one of you small government outfits run a referendum and repeal the state collective bargaining statute. Just don't fuck it up.)

#9 Education: burn the current system to the ground and start over. Pay teachers A LOT, give them much more autonomy, and drastically cut back on administration-level positions. But… if you suck as a teacher, you're fired. No "tenure" for k-12 teachers. If you are good at what you do, we keep you and reward you greatly, because you are worth it.

#10 Economic diversification: If #9 works like it should, this should boost economic diversification. We are close to California, our cost of living and taxes are not as high, but our schools and culture suck.

Hell, I'm way off track for SOS at this point. Maybe I'll run for Governor instead.

Anonymous
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Anonymous
January 9, 2021 4:05 am
Reply to  Anonymous

Why does a skull bong come to mind reading your post? I support you.

law.dawg
Guest
law.dawg
January 10, 2021 6:04 am

What say we give the Trump stuff a rest?

Anonymous
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Anonymous
January 10, 2021 7:30 pm
Reply to  law.dawg

Please