Telles trial delayed to a yet to be determined date. [RJ; 8NewsNow; KTNV]
Washoe County schools approve $500k to lawyer up against a trustee. [TNI]
Nevada to pay $3.4 million to former prisoner who received insufficient medical care (with the settlement agreement indicating nearly $2 million of it is going to his attorneys at Lagomarsino Law—who won a $4.5 million judgment at trial—to cover fees and costs). [TNI]
Man found asleep in car before troopers were killed sentenced to jail. [RJ]
Nevada attempts to block auto-encrypted messages for kids on social media. [8NewsNow]
Concerns from Las Vegas small businesses rise amid potential TikTok ban. [News3LV]
As on of our commenters has been relentlessly discussing, there is a battle over cameras in a family court case involving Judge Dawn Throne as plaintiff. You can read the Response to the objection put forth by Our Nevada Judges’ counsel, Luke Busby, on their site. [ONJ]
Yep. Dawn Throne and Michelle Hauser are gonna learn all about the Streisand Effect. If they had just agreed to camera access, the audience would have been small and inconsequential. Now, it will be larger. How much larger? Inquiring minds want to know specific facts Dawn Throne doesn’t want the public to see. Maybe those facts are a big deal, maybe they’re a nothing burger. We’ll soon find out.
I made one or two appearances in Family Court 20-odd years ago, and h e made a point of avoiding it ever since. My reaction to all of this? Who cares and too bad. If it is a child sex abuse situation or something of that magnitude, then I understand the need for confidentiality. But if it is just a bunch of embarrassing dirty laundry, dueling allegations of infidelity and the like, then too bad. Court proceedings and filings are public. Go ahead and livestream every courtroom in the county every day. Let the public see what happens on a typical day in court and understand who they are voting for. Courtrooms are open to the public. You don’t like it? Tough. Don’t get married, or if you are married then don’t get divorced if you don’t want it all out in public.
p.s. that goes for filings also, other than SS numbers and bank account numbers. You can redact those.
Guest
Anonymous
March 13, 2024 11:03 am
With the Washoe thing,,, while it seems on the surfact they are getting counsel just because of being overwhelmed by all his lawsuits wouldn’t they also probably need to have an outside firm because it presents some kind of conflicts since the person bringing the lawsuits is ostensibly whom the school board is reporting to/working for?
That’s always the difficult thing with government law. When two layers of your organizational client are fighting it’s a nightmare, and usually a costly nightmare.
I wonder if it’s enough to have something like the Special Public Defender for ‘conflicts’. I’m sure some would balk at the initial expense, but in long term i’m sure it would be more cost efficient.
Guest
Anonymous
March 13, 2024 11:56 am
Family court update: family law attorney has a paralegal ghost writing motions for his friends. Link to the video is on he who shall not be named’s website. Who gets disciplined? The lawyer who isn’t supervising her staff? The paralegal for UPL? Will OBC care or is this another example of OBC arbitrarily and capriciously enforcing the rules?
Go read the September 2022 Lawyer magazine article on ghost writing. It is absolutely an ethical violation. It doesn’t matter if they’re charging or not. It’s not allowed.
2 different things. UPL is done by anyone. Ghostwriting is lawyer doing it n not signing. I understand could be many combinations such as lawyer writing part for UPL, etc. yes, OBC is usually partial, prejudicial, etc. until u have been thru it, it’s difficult to comprehend.
OP here. Got that, but combine the UPL w her duty to supervise. Is it just UPL by the paralegal? Or a failure to supervise that becomes ghostwriting bc the paralegal/employee’s action are attributed to the attorney who didn’t supervise?
Yes there is. Go back and read the Glen Learner opinion. Writing motions interpreting case law (without the proper training or malpractice insurance) definitely qualifies as the unauthorized practice of law if it is not reviewed/supervised by an attorney.
Forms include case law and interpretation thereof all the time and every practitioner (legit or UPL) from here to Timbuktu uses forms regurgitated in one form or another because the applicable case law rarely changes materially.
As I said above Nobody GAF. So instead of crying about UPL or Ghost writing, just sit down and do your work. This is not a pervasive problem and even if its a rules or opinion violation, there is no harm to the community. Its just more often than not a blight to the practitioners that charge $350.hr for the same work.
In that case, Eff off and take a pro bono once and a while and let the paralegals do some good for the community. Which IMO is way more often the rule to the exception where actual harm is done.
How is ghost writing unethical? Attorneys can contract out research and
writing. Attorneys can hire a service to prepare briefs and motions. The Glenn Lerner opinion concerned an attorney in his firm who was not a member of the Nevada bar. The opinion was chicken s**t because insurance companies practice law without a license and talk clients out of speaking to
or retaining counsel. The Nevada Supreme Court decision was petty. An attorney licensed in Arizona signed a letter to an adjuster about a matter in Nevada but was an employee/[partner of the firm. If he simply said law clerk, Lerner would not have been reprimanded.
Attorneys can contract out whatever they want. If an attorney signs the final draft that is submitted to the court, it does not matter who actually wrote it. What matters is that the attorney’s signature ratifies it and complies with rule 11. Ghost writing is when an attorney writes the document and does not sign it and the pro se litigant submits it as if it is their own writing. That is a violation of rule 11.
Absolutely WRONG. Does not matter if a fee is charged or not.
Opinion 34
“ghost-lawyering is unethical unless the lawyer’s assistance and identity are disclosed to the court by the signature of the ghost-lawyer under Rule 11 upon every paper filed with the court for which the ghost-lawyer gives substantial assistance to the pro se litigant by drafting or otherwise”
Not until an online perv shows up at her child’s school courtesy of the information made public by her counsel (who seems to be more interested in a personal vendetta).
@2:25 that is such a dumb argument. You can literally drive thru any neighborhood during the school year and see kids lining up for the school bus. No one needs to go online searching to find a random kid. Furthermore, stranger danger is a 1985 after school special fantasy. Most pervs are inside the house.
Sounds like you’re an expert on the topic and the exact type of person I would be worried about if my attorney released my kid’s personal shit to the world without my consent. But, to each their own.
Yep. Dawn Throne and Michelle Hauser are gonna learn all about the Streisand Effect. If they had just agreed to camera access, the audience would have been small and inconsequential. Now, it will be larger. How much larger? Inquiring minds want to know specific facts Dawn Throne doesn’t want the public to see. Maybe those facts are a big deal, maybe they’re a nothing burger. We’ll soon find out.
Maybe they are election chance damaging. . . . . ala Abbatangelo.
I made one or two appearances in Family Court 20-odd years ago, and h e made a point of avoiding it ever since. My reaction to all of this? Who cares and too bad. If it is a child sex abuse situation or something of that magnitude, then I understand the need for confidentiality. But if it is just a bunch of embarrassing dirty laundry, dueling allegations of infidelity and the like, then too bad. Court proceedings and filings are public. Go ahead and livestream every courtroom in the county every day. Let the public see what happens on a typical day in court and understand who they are voting for. Courtrooms are open to the public. You don’t like it? Tough. Don’t get married, or if you are married then don’t get divorced if you don’t want it all out in public.
p.s. that goes for filings also, other than SS numbers and bank account numbers. You can redact those.
With the Washoe thing,,, while it seems on the surfact they are getting counsel just because of being overwhelmed by all his lawsuits wouldn’t they also probably need to have an outside firm because it presents some kind of conflicts since the person bringing the lawsuits is ostensibly whom the school board is reporting to/working for?
That’s always the difficult thing with government law. When two layers of your organizational client are fighting it’s a nightmare, and usually a costly nightmare.
I wonder if it’s enough to have something like the Special Public Defender for ‘conflicts’. I’m sure some would balk at the initial expense, but in long term i’m sure it would be more cost efficient.
Family court update: family law attorney has a paralegal ghost writing motions for his friends. Link to the video is on he who shall not be named’s website. Who gets disciplined? The lawyer who isn’t supervising her staff? The paralegal for UPL? Will OBC care or is this another example of OBC arbitrarily and capriciously enforcing the rules?
That is pretty thin, as stated on every front. If I am being honest. There is no law against document preparation.
I mean if you cant do a favor for your frens, what is the effing point?
The questions are these.
Is said paralegal CHARGING his friends and how much? That might change the matter.
Go read the September 2022 Lawyer magazine article on ghost writing. It is absolutely an ethical violation. It doesn’t matter if they’re charging or not. It’s not allowed.
2 different things. UPL is done by anyone. Ghostwriting is lawyer doing it n not signing. I understand could be many combinations such as lawyer writing part for UPL, etc. yes, OBC is usually partial, prejudicial, etc. until u have been thru it, it’s difficult to comprehend.
OP here. Got that, but combine the UPL w her duty to supervise. Is it just UPL by the paralegal? Or a failure to supervise that becomes ghostwriting bc the paralegal/employee’s action are attributed to the attorney who didn’t supervise?
Nobody GAF
Yes there is. Go back and read the Glen Learner opinion. Writing motions interpreting case law (without the proper training or malpractice insurance) definitely qualifies as the unauthorized practice of law if it is not reviewed/supervised by an attorney.
Lezz bihones.
Forms include case law and interpretation thereof all the time and every practitioner (legit or UPL) from here to Timbuktu uses forms regurgitated in one form or another because the applicable case law rarely changes materially.
As I said above Nobody GAF. So instead of crying about UPL or Ghost writing, just sit down and do your work. This is not a pervasive problem and even if its a rules or opinion violation, there is no harm to the community. Its just more often than not a blight to the practitioners that charge $350.hr for the same work.
In that case, Eff off and take a pro bono once and a while and let the paralegals do some good for the community. Which IMO is way more often the rule to the exception where actual harm is done.
UPL is a huge problem in our community, starting with notarios and moving up.
How is ghost writing unethical? Attorneys can contract out research and
writing. Attorneys can hire a service to prepare briefs and motions. The Glenn Lerner opinion concerned an attorney in his firm who was not a member of the Nevada bar. The opinion was chicken s**t because insurance companies practice law without a license and talk clients out of speaking to
or retaining counsel. The Nevada Supreme Court decision was petty. An attorney licensed in Arizona signed a letter to an adjuster about a matter in Nevada but was an employee/[partner of the firm. If he simply said law clerk, Lerner would not have been reprimanded.
“How is ghost writing unethical?
See Ethics Opinion 34.
There is a certain EJDC Judge who issues OSCs when this judge believes that someone has been ghostwriting for pro pers.
Attorneys can contract out whatever they want. If an attorney signs the final draft that is submitted to the court, it does not matter who actually wrote it. What matters is that the attorney’s signature ratifies it and complies with rule 11. Ghost writing is when an attorney writes the document and does not sign it and the pro se litigant submits it as if it is their own writing. That is a violation of rule 11.
Nobody GAF.
Absolutely WRONG. Does not matter if a fee is charged or not.
Opinion 34
“ghost-lawyering is unethical unless the lawyer’s assistance and identity are disclosed to the court by the signature of the ghost-lawyer under Rule 11 upon every paper filed with the court for which the ghost-lawyer gives substantial assistance to the pro se litigant by drafting or otherwise”
Nobody GAF
What about the attorney who ran to the “man who shall not be named” to post a hearing video online without the consent of his client?
OP is “man who shall not be named.”
OP here. I do not identify as a man and I get called all kinds of names.
👆👆
Watch out for Voldemort.
Watch out for the Karens of the world as well.
😳
Its literally public record, while shitty, is this really an ethical violation?
Not until an online perv shows up at her child’s school courtesy of the information made public by her counsel (who seems to be more interested in a personal vendetta).
@2:25 that is such a dumb argument. You can literally drive thru any neighborhood during the school year and see kids lining up for the school bus. No one needs to go online searching to find a random kid. Furthermore, stranger danger is a 1985 after school special fantasy. Most pervs are inside the house.
Sounds like you’re an expert on the topic and the exact type of person I would be worried about if my attorney released my kid’s personal shit to the world without my consent. But, to each their own.
There is almost never enough information in those hearings (that cant be pulled from the public record anyway) to “OUT” a child.
Sunshine is the greatest disinfectant. PERIOD!
🙄
Instagram, TikTok and SnapChat.
Meh.
Can someone post a link??
Here here. I see no such link
just go to Veterans In Politics Youtube page – mod keeps tanking the link when it gets posted