- law dawg
- 55 Comments
- 1976 Views
- PUC tactics designed to dissuade comment, reflect lack of accountability, say observers. [NV Current]
- Lawsuit claims Wynn Resorts accepted funds tied to alleged Ponzi scheme losses. [RJ]
- Caregiver reportedly scams Boulder City woman out of $250k. [8NewsNow]
- Judge sentences 2 co-defendants in brutal Las Vegas love-triangle murder. [8NewsNow]
Regarding the Boulder City woman scammed out of $250k, the Nevada Supreme Court recently determined that whether you defraud an elderly or vulnerable person of $5k, $250k, or $100m, it’s the same penalty across the board. So if you’re going to scam an elderly or vulnerable person, might as well go for the whole enchilada.
That’s a terrible way to look at it.
I knew of a caregiver who married 2 of her clients and eventually had her minor son transfer $900,000 from her patient’s bank account into hers. I guess she thought she could claim the minor child did not know what he was doing if she got caught.
I fully expect this OP to be on the back pages of the bar magazine one day for discipline
Not for nothing, but OP’s assessment of the law is correct. As an AV-rated litigator with 82 years of experience and an active internet connection, I can confirm that the aforementioned commentary is lugubriously precise.
Curious. How do you obtain 82 years of legal experience?
Work for 41 and double-bill.
That you Coach?
from certified Notary Public to Attorney in just a few weeks is worth as much as an SEC Championship ring!
An accurate assessment of the new bar exam
Could not be named David and be that much of a Letterman
You know who doesn’t effectively discourage the public? My girlfriend’s vajaja. Yes I’ve been here all along waiting for the perfect headline.
A swing and a miss though. But nice try I guess? PS you don’t have a girlfriend.
Oh Gee. I thought ( hoped)the vajaja guy had moved away, been disbarred, or gained some degree of maturity by now.
Why do you assume it is a guy?
SEXISM!!!
The State Bar conference was a wonderful conference and a meaningful reminder of how much good can come from lawyers gathering in a spirit of service, learning, and professional fellowship. Thank you to everyone who’s hard work made it a huge success. The programming was excellent, the service project was thoughtful, and the tributes and social events reflected the best of the Nevada bar. It was disappointing that more attorneys were not there to experience it. Hopefully, more members will make the effort to attend future bar conferences. Events like this strengthen the profession and remind us that being part of the bar should mean more than just meeting CLE requirements.
participation in the state bar conference likely would have been higher had the bar opted to hold the event in a place that was closer to Nevada/not prohibitively expensive for folks to get to.
Wonder what the average cost per attendee without a stipend was to attend the conference. Suspect it was something like $3,000 to $5,000. Ridiculous. Hawaii is probably one of the most expensive destinations and a long flight–day to get there and a day back. So you get a year’s CLE? Think the conference should be in Northern Nevada–cooler and less expensive but hard to drive from Southern Nevada.
I think next year the bar should have the conference in Monaco. Or the Maldives. Start thinking of creative ways to raise funds now, folks! I suggest taking out a HELOC or selling one of your kidneys, or maybe both?
Oh don’t worry, it is international. They announced it will be in Vancouver, Canada. Why? Because the State Bar wants a vacation.
To any board governors reading this blog, thank you for perpetuating this elitist BS. Have fun in Canada, I guess. Meanwhile, I am starting a local chapter of Mothers Against Canada if anyone is interested.
I would go to the Maldives. LOL
For those concerned about costs, the bar provides a two $2,000 stipends for the 13 affinity bar organizations. Consider joining an affinity bar, becoming active in the affinity bar and then attending the conference this way! I’ve seen numerous newer members of affinity bar orgs attend in this manner.
better idea: hold the conference somewhere that is accessible to all so the money that would go to travel stipends could instead be used for something that benefits all members of the bar. Crazy idea, but it just might work.
I have never gone in my decades of practice, partially due to expense, partially because if I want to a vacation, I don’t want to spend it with members of the bar.
If the Bar wanted attendance, the Bar convention would be somewhere in or close to Nevada. The leaders clearly just want their paid vacation to be exclusive.
Laguna Beach?
Huntington. I could walk there from my beach house.
the only beach house I could afford in Huntington is a tent by the PCH.
Dullest was in New Mexico. Absolutely nothing to do.
Absolutely. Hold the event at someplace like the Southpoint. That way I could slip over for a session having relevance to my practice..
One of the best Bar Conventions: Furnace Creek. Isolated resort but very close to Las Vegas.
Stipends for affinity bars? $2,000 a head? Who pays for that? Answer: Our bar dues??? The Public Lawyers Section and the Family Law Section have conferences that are well attended that don’t cost as much.
And Public Lawyers Section is always held in Nevada.
Yes in Tahoe. Also Family Law held in Tahoe sometimes also.
The Public Lawyers Section Conference is $100 for members and dues are $35 a year. All 13 CLE hours are available at that Conference. The State Bar Conference is usually 6 or 7 hours, I think? Not all 13 that are needed each year.
I didn’t think they were doing the stipends anymore. My section did not receive anything about it. The last stipend we received was one for the Conference in New Mexico maybe in 2024?
Nope they did 26 stipends between 13 affinity bars for Hawaii.
That is interesting. I’m the Chair of a pretty active State Bar section, and I have not received information about stipends since 2024. I will ask about stipends for next year. I thought it was a special, limited time offering a few years back that started in 2022. In my experience, stipends are the only way many of our members are able to attend the State Bar Conference.
Cough, cough .. politically correct posturing. Hope you enjoyed Hawaii on my dues.
Gee I bet you work for the Bar and were comped.
I have done three State Bar conferences. The first one was in Squaw Valley which was the best. The second one was in Coronado–Hotel Del and that one was lousy mostly because of the hotel. The third one was in Monterey and had to stay in an overflow hotel and drive over. The conference had good content.
I flew each time on frequent flyer miles. I got stipends for two conferences which only covered about 1/3. Monterey was the most expensive. I have not done any long haul conferences like D.C., New York or Hawaii. There has to be a better way. As I understand it, the State Bar loses money on the conference. I like how Arizona does their conference–it is either in Tucson or Phoenix in the summer. It is a week that is jam packed with CLE. Huge turnout and many vendors. Ironically a lot of bar associations have their conference in Las Vegas. It is hard to actually plan a conference in Vegas because relatively speaking the Nv State Bar Conference is small potatoes. Hotels won’t even give you the time of day with conferences that are a few hundred. The sections and specialty bars (Gaming among others) do a better job.
Your posting is a modern version of “Let them eat cake.” Please understand the market into which you jettison your comment. To illustrate, according to the US Bureau of Labor Statistics, the median annual wage for lawyers was $151,160 in May 2024. This is not a travel to Hawaii annually statistic, particularly once you deduct after tax dollars needed to payoff student loans.
If the State Bar cannot identify with the realities of rank and file Nevada attorneys, then they should immediately resign their posts and make room for those that can. I have been a member of the Nevada State Bar for over a decade and could never even fathom having the financial wherewithal to jettison to a place like Hawaii for a conference like this.
Decent comment, aside from the gratuitous and incorrect use of jettison. 3.5/5 stars.
Can a trust be a Plaintiff? No trustee is named, only the trust. It is a breach of contract case.
No. A trust is not an entity, it is a contract.
It can depend on the kind of trust, but generally no, a trust can only sue through its trustee(s).
Holy hell, commenters, learn Nevada Law.
Yes, A Trust CAN be a plaintiff. A Trust is a legal person. That’s not the case in every state, but it is in Nevada. NRS 0.039.
“Person” defined. Except as otherwise expressly provided in a particular statute or required by the context, “person” means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization.
Sorry Charlie
Depends on the type of trust.
(2) “Entity” does NOT include “[a] testamentary, inter vivos or charitable trust,” except for a business trust, statutory trust, or similar trust.” NRS 77.060 (emphasis added}. See para. (4) also excluding a decedent’s estate.
Chapter 77 of NRS speaks to those entities which must appoint a registered agent, not whether a trust has the capacity to sue or be sued in the name of the trust.
I will generally name both. There might be a real issue regarding real party in interest/indispensable party or something. You never know what might come up or what defenses might be advanced. Usually easier to drop a party midway through than to try and add one. Forgiveness v. Permission is the case authority I rely upon for that statement.
See NRCP 17(a)(1)(E). See also https://scholar.google.com/scholar_case?case=2168677045604170460&hl=en&as_sdt=6,29
That is a terribly written CoA shitpinion. It quotes a CA case and a 1979 NV case that predates the statutory definition of a person (1985). It also has no problem with Bulla acting as the below discovery commissioner and a member of the court determining the appeal.
Did you miss that it also cites Causey v. Carpenters S. Nev. Vacation Tr., 95 Nev. 609, 610, 600 P.2d 244, 245 (1979), for essentially the same proposition as the California cases cited? The Nevada Supreme Court draws from California case law all the time. The fact that the current NRCP still refers to suing an express trust’s trustee as the real party in interest signals to me that the pre-1985 case law is still good law. Causey has also been cited favorably and repeatedly since 1985, also telling me that it remains good law, despite the NRS Chapter 0 amendment.
The State Bar conference was terrible. The programming was not good. And watching our liberal judiciary throw their panties at Chemirinsky was off putting. Lecture from the SC? They literally just recycled what they presented at NJA. And no substance abuse CLE. Majorly disappointed.
AO just came out!
Get ready for the courtroom shuffle. Down down do your dance do your dance. And miss half your appearances.
Jerry is doing the work of three judges between his caseload and keeping all the specialty courts he does now.
Jones keeping homicide and giving up civil (why keep it when you don’t have an opponent and don’t need the civil bar money anymore).
Kierney taking on an entire criminal docket (Hardy’s) while keeping her homicide and civil calendars. She really is numbero uno!
On the upside, Brown getting a split docket.
Gall and Hardy are the business court judges. Only handling business court cases.
Rest of the judges get to split Jones’ civil cases, minus Craig who I’m not even sure what kind of caseload she carries. It’s minimal compared to the other departments.