- Quickdraw McLaw
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- Meet the Strip’s soon-to-be largest landowner. [TNI]
- Hundreds of homes threatened with foreclosure over overdue trash bills. [
- The DA’s office is considering self-defense in fatal hookah lounge stabbing. [RJ]
- The Governor issued a new emergency directive regarding masks in school just a few days before school starts. [TNI]
- Calls to eliminate bar exam are premature. [Bloomberg Law]
In ID, how many cases in litigation is reasonable for a 5+ year associate attorney to be handling? Thanks.
30-50?
What do people with 30-50 cases do when one comes close to trial? Or when there's a bunch of MSJ filings to do? Or when the other side does the thing where they notice up 7 depos for the week before the discovery cutoff? I'm in trial prep and expert depo mode and I only think about one case all day long.
When it comes close to trial? They copy and past 8-10 motions in limine and bill the client for preparing them from scratch. Then keep working on the other cases. It's a tricky balance, preparing for trial. On the one hand, you can't begin preparing too early, or else the carrier will reject the billing. On the other hand, if you wait too long, the carrier might settle and you'll miss out on all the hours you could have billed.
This guy bills.
well stated 12:35 PM
UBE is the Answer?
"Such disparities contribute to entrenched inequities and a lack of inclusivity that damage the integrity of our legal and criminal justice systems." referring to disparity in pass rates by race.
What utter crap. The bar exam is the same for EVERY person taking it. If you can't reason, read, comprehend then you should not have been allowed to graduate from law school. The pass rate results cited may be the consequences of a couple of decades of dumbing down high school and college curriculum, making courses and graduation easier. There is a mentality that everyone should graduate, the same ideation the fuels every kid playing a sport gets a trophy for showing up.
It also mischaracterizes what most states do, referring to the MPT being included in the UBE, because even Nevada that doesn't have the UBE uses the MPT. The only difference between the UBE and Nevada is the essays, which are more comprehensive in Nevada. Really weak on rationale that article was.
Nevada does not use the MPT anymore.
Didn't realize Nevada made its own performance test, the "NPT," but I think the broader point regarding pushing back on the article is still true because it suggests the MPT is a good performance based measure and reason to adopt the UBE. We used to do MPT and still have a performance component.
Equality of opportunity does not always equal equality of outcomes. Hard to believe, eh?
Republic services needs to be investigated. They are one of the more unreasonable creditors I have seen. They have a two man firm that does all their collection work and they are ridiculous. I have seen cases were the person owes like $500. They get a single notice, then nothing until they get a lien. By the time the line is filed, they now owe the $500, plus $5,000 in legal fees. It is insane. Those guys have quite the racket going. They are probably averaging 1,000-2,000 an hour on these things. But they are reasonable… they will let you (for $500 more) pay it over over six months. Starting immediately. So your average joe has to be able to come up with and extra thousand a month to pay off the few hundred he actually owes. I am all for them collecting what is owed, but these guys are taking advantage of state law to collect ungodly amounts of legal fees.
First you have your lien (for the actual cost of the service), then you have the $100 lien fee, and another $100 lien release fee, then, three months later, another $100 lien fee & $100 release fee. Thanks to Premsrirut v. Republic Silver State Disposal, 449 P.3d 475 (2019), our beloved and most competent NSC has blessed this arrangement.
Is Don Williams still doing all of Republic's work? Cushy gig if you can get it I guess.
Remember when the Silver State Executives went to jail for tax evasion? One of them was my neighbor. Yes, they are really great people, and raking in the dough.
Correction I meant Republic Services, not Silver State. My bad.
You were right the first time. It was Silver State:
Former Silver State executives sentenced
Friday, Feb. 13, 1998 |
Three of four former top executives of Silver State Disposal Service who pleaded guilty in October to defrauding the government were formally sentenced in federal court today.
Richard Isola, once vice president of the company, received the stiffest sentence.
U.S. District Judge Lloyd George sentenced Isola to 24 months in prison, two years supervised probation and a $50,000 fine.
Thomas Isola, Richard's cousin and a former vice president of marketing, and Joseph Anstett, former president of Silver State, each were sentenced to 10 months in prison, two years supervised probation and a $30,000 fine.
A fourth executive, Aldo Lippetti, a former corporate officer, will not be sentenced until March 13 because of illness, said Floyd Miller, a prosecutor with the Justice Department's tax division.
Prosecutors recommended Lippetti receive a sentence of 10-18 months.
The executives allegedly used company funds to buy personal goods and services and wrote them off as business expenses over a 10-year period.
In addition, in a plea agreement, SSDS Liquidating Corp., formerly known as Silver State Disposal, admitted to one count of conspiracy to defraud the government and two counts of filing false U.S. corporate income tax returns.
The corporation is alleged to have defrauded the government out of $3.4 million, but in the agreement admitted to causing a tax loss of $1,135,000, which can be specifically attributed to its participation in the fraud.
Republic Services Acquired Silver State
Republic Industries Inc. signed an absolute agreement when to acquire the assets Silver State Disposal Service Inc. and related businesses. This agreement is subject to certain conditions, among them government approvals. It also calls for key members of Silver State's management group to sign long-term employment agreements with Republic and assume ongoing management of the company.
Silver State, one of the country's largest solidwaste operators, provides commercial and residential solid waste removal service for customers in the Las Vegas area.
As to eliminating the Bar Exam in Nevada, it will never happen.
It will continue to be required of all applicants, and even licensed attorneys from other states will never receive reciprocity. The exam will continue to be required of everyone who wishes to be licensed in our sate.
It's NOT as if the Bar Exam is any remotely reliable barometer of legal ability, knowledge or intellect(after all, just think of some of the opposing counsel you are forced to deal with).
The reason(for why the Bar Exam will continue to be required) is much less rational and reasonable than the motive of assuring professional competence, and is instead much more of a personal and visceral reason: we had to endure all this shit, put our lives on hold while be studied for six months and perhaps fail it the first time or two. So if we had to endure all that shit, we will give no free passes to those who come after.
I had to be hazed to get into this fraternity, and so will you. It's really that simple. It may not be much of a reason, but that is the reason the exam is required of all applicants, and not this seemingly more noble and reasonable-sounding rationale of protecting the public by assuring professional competence of the lawyers who practice in our state.
And in addition to the "we had to do, so you will need to do it" reason, is a secondary reason: we don't want the floodgates thrown open with greatly enhanced numbers of newly licensed lawyers each year, which creates a much more competitive market, which can result in reduced incomes for some of us, less business, etc.
It was difficult enough to absorb all these(brilliant, positively brilliant) Boyd graduates into our ranks. The feeling is that we need not greatly exacerbate that problem by inviting a lot of out-of-state lawyers to waltz in once they get captivated by the lights of Sin City.
Nevada needs to keep the bar exam, keep its passage rate at 50% and never, ever have reciprocity. It is the only thing protecting Nevada from California attorneys and rich, powerful LA and SF firms taking over. The State Bar is a joke and its only purpose should be to keep its ranks closed and small.
You are naive to think it will never happen. Carpetbagger Dean Dan pushed hard for reciprocity. He did so under the guise of "Doing Right by Nevada" (who can argue with that?), but we all know it was to help UNLV Law goose its stupid USNews rating. That incentive will continue to exist for future UNLV Law Deans.
There's a judges who I think should be removed and is unfit for duty because she ruled against my motion, and I believe I should have won.
I am right 100% of the time in 100% of my cases, on 100% of the major and moderate issues and 100% on all the sub-issues, etc.
I also partially lost two motions last month in other departments, so those judges must be removed form office as well.
And since, at some point I lost a motion, or at least an argument on an issue, in every single RJC department, all those judges need to be removed as well for being unfit for duty.
We need no courts but can resort to the laws of the jungle.
Some colleague told me "the fault lies not within the stars but…"–forgot the rest of it.
For some of you, I need to be more direct about the point I am attempting to make. We see so many posters say something like "Thanks Judge X for violating my client's constitutional rights, and being completely wrong on the case I just had before you."
As no details or elaboration tend to be offered, we know nothing of the case, and all we know is that the attorney believes they are right 100% of the time, and that any judge who rules against them on any issue is an unfit idiot.
It's interesting such attorneys never offer a case number, wherein(time allowing) we could look up the case and decide for ourselves the propriety of the ruling.
Don't get me wrong, when I lose a motion or argument, I sometimes feel the same way, but it should be temporary, and should be a learning experience. Even if I still think the judge is wrong, it may be very informative and helpful for the future in knowing how such judge addresses such issues(and it may rise to the level where I need to spend $450. to remove them from the case at the inception).
But, on the other hand, I like even less the opposite approach–when a poster is too deferential and respectful to a judge. Sometimes we see a comment like "Judge A is often, and sometimes more often than not, wrong on the law but he/she is prepared, respectful and gives everyone a fair shake. So, on balance, a pretty good judge."
Wrong. If Judge A is often wrong to the point where a third, or even half of their rulings, are erroneous, they are by definition a substandard judge even if they appear prepared and have a decent demeanor.
Great idea. List the case number so the judge can figure who is complaining about them.
4:23–interesting comment, because when I first read 3:37's post I suspected they may have been attempting to sucker someone into the exact situation you mention.
I dismissed such thoughts as simply being another manifestation of my suspicious nature, but then when I subsequently read your post, it lends some credence, I think, to my initial suspicions.
@3:37 – if the judge is white and you are a POC, then the judge should be removed for not immediately recusing him/herself and proceeding to rule against you. The correct course of action would be for the judge to recuse him/herself from the case and have a POC judge take over. Then if you are ruled against on your motion, it isn't racist. Full stop!
3:37 is a bitter old judge with yoo much time on her hands.
Too
8:26 could well be, but I think there are some valid points in that post.
But if it is a judge, what hints are there that it is a "she" judge and not a "he" judge?
You say she has too much time on her hands. In your view,is the post written in a style that telegraphs a female jurist wrote it?
3:37. yes, both types of approach are disturbing.
To want a judge's head on a pike because we lost a motion is quite unsettling.
But like you, I find the polar opposite approach entirely nauseating, wherein some judicial groupie fawns and scraps and heaps flattery on a judge who they secretly tell us is wrong on the law a lot of the time, in their opinion.
That's fawn and scrapes, with an "e" at the end.
3:37, I don't disagree with your discussion, but your comments sort of pass over, and make somewhat light of, a very serious problem:
At this time,more than ever, we have some truly poor judges.
We just elected like ten new judges in District Court,and some of them had no notable or significant qualifications or experience, in my opinion and the opinion of many others.
Some defeated solid incumbents.
And adding to that problem, is that we have some veteran judges who have never been particularly good.
I find it amusing that everyone says the Judge got it wrong. If there was a 100% correct answer no one would be in Court arguing, and if they were the other side would surely be filing a request for sanctions for frivolous filings under Rule 11 or NRS 18.010 or 7.60. Bottom line there is not a Judge in this or any Court that knows every single statute, rule, or case it is our job as attorneys to make sure that we provide the Judges with all the information to be able to rule in our favor.If we do and they don't maybe they saw it differently, just like the opposing counsel on the other side did!
Blog is getting hijacked.
You mean 7.085, not 7.60.
They are likely referring to EDCR 7.60, which is also appropriate.