Cure Worse Than The Disease

  • Law

  • CCSD is struggling without to start distance education when not everyone has computer access. [TNI]
  • Inmates are getting free phone calls as a result of restrictions. [RJ]
  • Enforcement ramps up as some nonessential businesses remain open. [TNI]
  • Some of you have already been discussing this in the comments, but what is the endgame for a shutdown with such a bleak economic picture forming? Do you think there is reasonable way to continue the practice of law while social distancing and not exposing vulnerable populations? Is there a way to ensure the cure isn’t worse that the disease?
49 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Anonymous
Guest
Anonymous
March 24, 2020 3:55 pm

Read on the blog last week about some of the larger firms (Alverson Taylor and Hutchison & Steffen) that are still requiring, manipulating, guilting their attorneys or staff to show up to work in person. If your firm is 20+ attorneys, you should have enough financial stability established that would allow your employees to work remotely at home for a few weeks. The fact that you're not allowing it seems to show they might not be as economically stable as they appear. I understand the necessity of a solo practitioner or a small boutique firm of under 5 employees needing to work high volume now to keep the coffers full, but these larger firms should have enough in the coffers to allow employees to work from home for a few weeks. I have my own firm with one associate and 3 staff. They've all been working remotely since last week. Its going to be tough and neither them nor I are as productive as we would be if we were in the office, but we'll be ok.

At least Alverson has a lot of associates to keep the partners profitable, Hutchison's website shows a very top heavy amount of partners. I think Hutchison and Steffen might be the next Kolesar & Leatham – a top heavy, first generational firm that could crumble like a house of cards quickly.

Anonymous
Guest
Anonymous
March 24, 2020 4:30 pm
Reply to  Anonymous

Oh, this should be interesting. I worked at H&S a few years back and know a lot of them read this site religiously.

Anonymous
Guest
Anonymous
March 24, 2020 4:39 pm
Reply to  Anonymous

Religiously…..no pun intended.

Anonymous
Guest
Anonymous
March 24, 2020 5:28 pm
Reply to  Anonymous

Alverson is an abomination. They only have one associate on website.

Anonymous
Guest
Anonymous
March 24, 2020 5:38 pm
Reply to  Anonymous

Wow. Alverson fired all but one associate today?

Anonymous
Guest
Anonymous
March 24, 2020 5:50 pm
Reply to  Anonymous

The website doesn't list any associates anymore.

Anonymous
Guest
Anonymous
March 24, 2020 5:55 pm
Reply to  Anonymous

10:50am, that is just not true. Check the website.

Anonymous
Guest
Anonymous
March 24, 2020 6:54 pm
Reply to  Anonymous

You're right. I had to click on associates… partners populated without clicking.

Anonymous
Guest
Anonymous
March 24, 2020 7:00 pm
Reply to  Anonymous

So, which is the correct story? Did they fire a bunch? Did they only have one? They are partner heavy.

Anonymous
Guest
Anonymous
March 24, 2020 10:47 pm
Reply to  Anonymous

I love it when solo firms and small firms think they can "predict" the next big collapse. I admire people who strike out on their own and make a good living for themselves and a few staff. but to think that equates to running a 15-20mm a year business with 50-100 employees is simple fantasy. Do you know Bruce alverson? or john Steffen ? How about Mark Hutchison? I suspect you did not know their first names until I just spelled them out. Before you predict their doom maybe you should understand that they work hard, just as hard or harder than you do.

Anonymous
Guest
Anonymous
March 24, 2020 10:50 pm
Reply to  Anonymous

Bruce Alverson is not making 15 million a year. You are on crack.

Anonymous
Guest
Anonymous
March 25, 2020 12:01 am
Reply to  Anonymous

This guy crushed reading comp^

Anonymous
Guest
Anonymous
March 25, 2020 12:04 am
Reply to  Anonymous

3:50 you're probably correct. In their hayday, the entire ATMS machine probably had total fees in that range or higher.

Anonymous
Guest
Anonymous
March 25, 2020 3:05 am
Reply to  Anonymous

5:01+2= 4. 3:50's comment is appropriate.

Anonymous
Guest
Anonymous
March 24, 2020 4:24 pm

CCSD sucks. We have one of the absolute shittiest public school district's in America.

Anonymous
Guest
Anonymous
March 24, 2020 6:08 pm
Reply to  Anonymous

I have no kids, so I'm not intimately familiar with the CCSD. I've heard many calls to split up the district into smaller ones. I'd like to think a smaller district would allow quicker ability to identify problems and initiate solutions. Or, am I off base here?

Anonymous
Guest
Anonymous
March 24, 2020 8:05 pm
Reply to  Anonymous

I've heard they are way too bureaucratic and act a lot more to "protect" their current size and situation – maintain their status quo – rather than work to remedy any real problems.

First hand problem my family experienced was my son (senior in HS) recently changed addresses because he moved in with me and my girlfriend. He works part-time in his school cafeteria and one of his mailed checks got misrouted, so he was on hold for 2 HOURS with "payroll" at CCSD – I don't think anyone ever picked up (this was 3-4 weeks ago before things hit the fan with the current situation). I was also on hold with "payroll" for 45-50 minutes one time before I gave up.

No one should have to wait that long on hold for such a simple problem.

I'm a liberal to moderate Democrat and even I think that they should be broken up into 4-5 smaller districts because they are way too top heavy. They get tons of money and haven't done jack shit to show for it. It's fucking embarrassing being lower than most Southern states in quality of public education and I think our state routinely comes in somewhere in the bottom 5 of all states, right?

Anonymous
Guest
Anonymous
March 24, 2020 11:39 pm
Reply to  Anonymous

CCSD payroll was plenty busy around that time because they totally botched the roll out of a new payroll software system, so hundreds and perhaps thousands of employees weren't getting paid at all. That might help to explain why you couldn't get through. Doesn't excuse it; I'm just providing context.

Anonymous
Guest
Anonymous
March 24, 2020 4:32 pm

90% of attorneys can do most of their work remotely. There is no need for offices to be open right now.

Anonymous
Guest
Anonymous
March 24, 2020 4:38 pm

We have a small firm and have told staff to work from home but have a number of staff members who have found that their productivity goes to zero and are asking to back to the office. We are going to a rotating schedule to avoid congestion in the office. So staff have the choice to alternate but are instructed to work at home as much as possible. Feels like treading water and just survival mode in hopes that this passes.

Anonymous
Guest
Anonymous
March 24, 2020 5:04 pm

Anyone elses internet super slow this morning. My home internet, remote work internet, and phone internet plan are all lagging tremendously today.

Anonymous
Guest
Anonymous
March 24, 2020 5:14 pm

Eglet is suing China. You can't make this shit up.

Anonymous
Guest
Anonymous
March 24, 2020 9:00 pm
Reply to  Anonymous

Bob Eglet has mad legal skills

Anonymous
Guest
Anonymous
March 25, 2020 5:59 am
Reply to  Anonymous

Mancrush on that man.

Anonymous
Guest
Anonymous
March 25, 2020 7:08 am
Reply to  Anonymous

Yes, because you pay for his candidates.Fumo, Gilliam, Bare, Bulla

Anonymous
Guest
Anonymous
March 24, 2020 5:27 pm

This is a far more nuanced issue than the simple question of should staff work form home, or should they be required to appear.

The type of firm one operates can make a big difference. Firms that have a limited number of cases, but they tend to be more intense and valuable litigation cases, perhaps don't necessarily have to be in the office at all times. Many commercial cases, significant personal injury litigation, business contract matters, and a myriad of other type matters, may lend themselves more to a working from home formula.

But many firms emphasize high volume, with most of the cases not being great fee generators by themselves. This could be practices that emphasize lower end family law cases, criminal misdemeanor cases, and other high volume matters.

For these firms, to attract new cases, and effectively work the many cases the firm already has, it is necessary to be there–at the office. These type of practices have not changed much over the last few decades in that being there at the office, and being available is the key. No one is going to sign up with your firm to handle their upcoming family court matter if no one is available to speak to the client and everything is to be handled remotely. The lack of the human element and lack of personal service scares off these types of clients–clients who are the life-blood of most higher volume practices.

Also, examine you are permitting to work at home. Many attorneys will be in arrangement where they need to produce, and to bill, so it is assumed they will sufficiently be self-starters. And your better, more conscientious paralegals and other high-performing support staff can probably be relied on to be productive form home as well.

But more marginal support staff(such as mediocre performing secretaries and office workers) who never seem to establish much longevity at any place they work, and are people who just view the job as a pay check, are the kinds of people who may try to do as little as possible if permitted to work from home.

Anonymous
Guest
Anonymous
March 24, 2020 5:36 pm

OMG. Someone joked last week that Bob Eglet would find a way to sue the Coronavirus or China. And he did.

https://news.yahoo.com/eglet-adams-files-class-action-164100968.html

Anonymous
Guest
Anonymous
March 24, 2020 10:41 pm
Reply to  Anonymous

Just watched his presser. Bobby Eggs is the man. His glasses kept sliding down his nose, which drove me nuts as I watched. He needs the Opti-Grab!

https://www.youtube.com/watch?v=i5jTH89HjTA

Anonymous
Guest
Anonymous
March 24, 2020 10:46 pm
Reply to  Anonymous

This is not a legitimate lawsuit.

Anonymous
Guest
Anonymous
March 24, 2020 10:54 pm
Reply to  Anonymous
Anonymous
Guest
Anonymous
March 25, 2020 3:18 am
Reply to  Anonymous

I haven't read the complaint and I am no expert in FSIA but can anyone explain to me how this isn't completely frivolous just on a jurisdictional level?

Anonymous
Guest
Anonymous
March 25, 2020 4:10 am
Reply to  Anonymous

It's marketing. Hate the chicken, not the Eggs.

Anonymous
Guest
Anonymous
March 25, 2020 6:00 am
Reply to  Anonymous

This is why he works in a palace, lives in a mansion, and has the hottest wife in town.

Anonymous
Guest
Anonymous
March 24, 2020 5:42 pm

10:27–and those marginal employees are the ones to watch out for.

Some blowhards will claim that they don't have any marginal support staff and how they always demand excellence from everyone, and blah, blah.

But that is usually false. Most firms don't fire mediocre employees since if mediocrity is being maintained, the essentials are being performed, and thus it is highly disruptive to business operations to constantly fire people who are just kind of average.

The way these people are usually dealt with is they are not promoted, receive minimal raises if any, and they then either improve or quit to work elsewhere(usually the latter, not the former).

But, yes, these are the kinds of people who cannot be trusted to be productive if working remotely, as they are barely productive when they are at work.

And who are these employees? These are the folks who are on their third job in two years, and whose education ended with the 12th grade over two decades ago but they never sought any further education or training, and the only thing they are really conscientious about is to make certain they take every minute of every day off they are entitled to, as well as every second of every cigarette break.

Anonymous
Guest
Anonymous
March 25, 2020 6:01 am
Reply to  Anonymous

Well said.

Anonymous
Guest
Anonymous
March 24, 2020 7:08 pm

Where did the comments about McFarling go? Why was this censored when the other law firms referenced remain. The comments included easily verifiable facts on her website and thoughts clearly labeled as opinion far less critical compared to those that remain above. I suppose it is my choice whether to participate in this blog but I find it highly disturbing when two standards are applied. We are lawyers, have a sense of fairness. I ask for comments to the web master from all participants. Why are the comments about H&S allowed but not McFarling? Go look at her website if you doubt the earlier posts. This just reinforces everything I already knew to be true about the politics of the Vegas legal community. No surprises – nothing new.

Anonymous
Guest
Anonymous
March 24, 2020 7:36 pm
Reply to  Anonymous

Easily verified facts? I went to the website you mentioned and it refutes pretty much every fact that you posted.

Anonymous
Guest
Anonymous
March 24, 2020 7:11 pm

10:53 and 11:16–I don't want to discuss individual attorneys but there is a certain irony in that people who, in your estimation, bring down the level of professionalism, tend to be the people who have a business model that really makes money for them in the Family Law arena.

On the other hand,attorneys who maintain high volume, and charge a very reasonable rate, have to work very hard to generate any meaningful degree of income beyond meeting their over-head. But the people who have fewer cases, and bill the living hell out of those cases, tend to be very financially successful.

And if you believe they are bringing down the level of professionalism, the irony is that they tend to be professionally much better received than the "hack" who just takes a reasonable fee for a certain project, and relies on high volume as he/she does not bill hourly on each case.(I certainly don't consider such people "hacks" but that is how they are viewed by many high billing, successful attorneys).

The ruthless, successful biller, in addition to being well-received by other similar attorneys due to being financially successful, also tend to get involved in the inner circle of the upper echelon of Family Court practitioners. They wind up in the Family Law organizations, write Family law articles for State Bar and County Bar publications, present at seminars, get noticed for successful appellate decisions, their input is sought as to proposed statutory changes, etc.

Many people simply equate excellence with financial success. I recognize that can be myopic and unfair. But it is particularly true in the shark-infested legal profession. You will never succeed in getting too many colleagues, and prospective clients, to condemn and reject the highly successful attorneys in favor of the ones who charge much less and who you view as more professional and more ethical.

And these people you condemn will usually be able to bill whatever they want. as to the person who, let's say billed the $50,000.for a project which perhaps should have been fully handled for a fraction of that amount, the Bar will do nothing to these attorneys as all the billing tends to be itemized. The Bar will generally not make qualitative or quantitative value judgments as to what should have been charged. If the charges are itemized, and there is a sound attorney-client agreement that has been signed, these attorneys charge whatever they want with no repercussions.

BTW, as to the attorney you specifically name, I have not heard anyone share an opinion similar to yours concerning her and her practice. In fact, I see her name on some very important appellate decisions. Usually she is on the winning side. But since your postings do bring to mind a "type" of attorney that does exist in this arena(and are in fact fairly plentiful)I wanted to offer my view that, even if you are right in an ideal world, the profession works differently than you think. The types of attorneys you seem to dislike tend to succeed, in part for some of the reasons I mentioned.

Anonymous
Guest
Anonymous
March 24, 2020 7:14 pm
Reply to  Anonymous

Looks like 12:08 touched a nerve.

Anonymous
Guest
Anonymous
March 24, 2020 7:39 pm
Reply to  Anonymous

12:14,I agree that 12:08 touched a nerve, but touching such nerve does not necessarily mean that 12:08 is highly insightful, provocative, a blunt straight talker, etc.

People tend to react angrily and defensively to anonymous character attacks against colleagues. I tend to be that way as well, even in cases where I may tend to agree with the criticisms made about certain attorneys.

I just tend to find it deplorable when an attorney eviscerates a specific fellow practitioner on an anonymous blog. As 12:11 suggests, it is valid to criticize certain types of attorneys and practices, but I don't think specific individuals should be singled out(which is often a grudge-driven envy approach).

But I totally agree with 12:08 that it should not be selective. As bad, and as inflammatory a word as "censorship" is, the hard truth is that the operators of this blog have the right to scrub remarks that they find as being too personal and too vicious, etc. BUT, agreed that if there is harsh criticism allowed about two different attorneys, it is not fair or right to eliminate the comments on the one attorney, while letting criticism of the other attorney stand.

But we also need to look at nuance and degree, etc. The comments which are still standing regarding a certain law firm, are a lot less specific and biting that the comments made about another attorney, some of which, yes, do appear to have ben deleted by the operator.

Anonymous
Guest
Anonymous
March 24, 2020 7:14 pm

According to Gina Bongiovi, she invented a lot of things, including office working remotely. Thank you for the laugh, Gina.

Anonymous
Guest
Anonymous
March 24, 2020 7:18 pm

12:11 takes far too long to make their point, but they are essentially right.

The attorneys who earn the most money, and get the most involved with law-related matters within their field of practice,will always be far more highly regarded(in general) than someone who charges a lot less, seeks and achieves no real name-recognition within the field, and who do not get involved in law-related matters, don't rub elbows with the more prominent attorneys in their field of practice, etc.

And this is true even when that more unknown yeoman attorney does pretty good work.

Anonymous
Guest
Anonymous
March 24, 2020 7:25 pm

i am picking my nose as i am posting…

Anonymous
Guest
Anonymous
March 24, 2020 7:47 pm

12:25–is it encrusted, or more of the moist variety?

Anonymous
Guest
Anonymous
March 24, 2020 8:09 pm
Reply to  Anonymous

Green with a lot boogey in it!

Anonymous
Guest
Anonymous
March 24, 2020 11:55 pm
Reply to  Anonymous

How's it taste?

Anonymous
Guest
Anonymous
March 25, 2020 9:13 pm
Reply to  Anonymous

Juicy, like a big fat doobey

Anonymous
Guest
Anonymous
March 25, 2020 6:06 am

Why does Sisolak think he's smarter than a doctor?

Anonymous
Guest
Anonymous
March 25, 2020 8:03 pm
Reply to  Anonymous

Go read the actual language of the emergency regulation that he endorsed and then come back. Only then might you be properly equipped for intelligent discourse on the topic.