Endgame

  • Law

  • Robert Draskovich and Michael Horvath are representing the retired Metro detective accused of killing her former son-in-law. [KTNV]
  • Here’s what on deck in the legislature today. [TNI]
  • What else is going on out there today?
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Anonymous
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Anonymous
April 26, 2019 3:43 pm

Remember that huge sanction that Judge Hardy leveled regarding the Reptile in that Claggett case? Vacated in a smackdown against Hardy. Supreme Court said that Nevada law on sanctions for attorney misconduct requires that the offending attorney know what conduct the district court is prohibiting in order to avoid a sanction. The Court found that Hardy was arbitrary and capricious because there was no record of any comment or directive (allegedly made during an off the record bench conference) that precluded discussion. Hardy’s conduct of the trial was so bad that it appears that no one was clear on what conduct the district court was trying to prohibit because there was nothing in the record that definitively clarified what the district court intended. The Court said that Hardy characterized its prohibition as a comment and not an order, but then later saying that it was an off the record order, just made a mess of the entire matter. For those of us who know that Hardy is politically expedient hack, it is further evidence that he has no business on the bench. (Case 75522)

Anonymous
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Anonymous
April 26, 2019 4:44 pm
Reply to  Anonymous

He's been progressively worse on the law and a grouch (sometimes mean) as time passes. I will donate to next campaign but won't vote for him and I will tell friends and family not to vote for him. I'm sure he gets reelected but at least I won't get on his "list." He would be a good Court of Appeals judge whe he can misapply the law, be a jerk and it won't matter to me.

Anonymous
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Anonymous
April 26, 2019 4:53 pm
Reply to  Anonymous

I was not involved in that case but in Hardy's court a few times that case was happening. There was a clear bias by Hardy in favor of Plaintiff. He seemed to me to be angry at Defendants in front of the jury.

Anonymous
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Anonymous
April 26, 2019 5:55 pm
Reply to  Anonymous

That was less of a smackdown than promised… It was a reminder to make orders that are clear and that can be followed… It was also a 2 to 1 split with the dissent finding no abuse of discretion.

Anonymous
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Anonymous
April 26, 2019 6:19 pm
Reply to  Anonymous

Justice Silver's "respectul dissent" does not change the outcome. Abbi isn't shy about expressing her opinion. I'm not surprised that she doesn't explain her dissent. Remember that Abbi and JH were first appointed to District Court bench within a few months of each other in 2015. They are friends. She would take a shot a Joe Hardy.

undertheradar
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undertheradar
April 26, 2019 6:23 pm
Reply to  Anonymous

Agree with 11:19. Hardy does not understand sanctions and the opinion educates him.

Anonymous
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Anonymous
April 26, 2019 6:50 pm
Reply to  Anonymous

That dissent was a non-dissent that basically did not disturb it. If there was any basis for the dissent, Abbi would let it be known. She doesn't because there is not. It was a BAD decision if you read the briefs where Hardy made no record and got completely bullied by Claggett. However the more interesting thing is that it might portend that Claggett's $20MM verdict is likewise in jeopardy from Claggett just bullying the hell out of Hardy.

Anonymous
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Anonymous
April 26, 2019 7:16 pm
Reply to  Anonymous

@11:19; Abbi was not appointed to the District Court in 2015. She was first elected there in 2008 (after being elected to the Justice Court in 2006). She was appointed to the Court of Appeals in 2015.

Anonymous
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Anonymous
April 26, 2019 10:23 pm
Reply to  Anonymous

The Judge Hardy reversal. What is the cite to the case. Can't find case no.75522. This is the Claggett/Sykes "Reptile theory case". I want to read the case. Thank you.

Anonymous
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Anonymous
April 26, 2019 10:33 pm
Reply to  Anonymous

Sanctions make Joe Hardy Jr a happy judge. I have seen him sanction lawyers a few times on motion days.

There are times when a judge gets pissed at a lawyer and the judge wants to inflict some pain on the lawyer. There are lots of things a judge can do besides imposed a monetary sanction. An admonition in front of a crowded court room is sometimes enough. A referral to Bar Counsel is a compelling sanction. A "sanction" is not supposed to be a "penalty." Hardy's $91,000 sanction was pure penalty. It is disproportionate to any harm.

Hardy's a disappointment. Maybe it's burn out?

Anonymous
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Anonymous
April 29, 2019 9:32 pm
Reply to  Anonymous

75522 BOYACK VS. DIST. CT. (THOMPSON) Apr 25, 2019

Anonymous
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Anonymous
April 26, 2019 4:19 pm

What's your policy on sharing your previous work product with other counsel outside your firm? I got an email from someone whom I've barely ever spoken with asking me for word versions of some very specific types of motions. I've put quite a bit of time into what is a quasi-form and I'm not really thrilled about the idea of just handing out, especially to someone I barely know. On the other hand, this attorney could just go look up my cases on Attorney Corner to go get it. Thoughts?

Anonymous
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Anonymous
April 26, 2019 4:36 pm
Reply to  Anonymous

It is public record and they can download it and convert it to word anyway. Why not make a friend in the bar and help a guy out. You never know, they may become a referral source. I share stuff all the time.

Anonymous
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Anonymous
April 26, 2019 5:19 pm
Reply to  Anonymous

You should take it as a compliment as some other attorney with knowledge of the Motion you wrote probably advised that attorney to ask you for it or talk to you about it.

Anonymous
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Anonymous
April 26, 2019 5:54 pm
Reply to  Anonymous

I disagree a bit. For a good friend who would reciprocate the favor, sure. But it seems rude to me to ask "distant" friend for something that is valuable to you and even more valuable to them.

Anonymous
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Anonymous
April 26, 2019 6:00 pm
Reply to  Anonymous

Let me be the one to disagree entirety. For a close friend who will not and does not abuse the privilege, of course I would assist them. For someone that you barely know to ask you to hand over in modifiable format your work-product to then be able to claim that the documents that you have taken time to hone as yours and to be able to claim it to now be his work-product is ridiculous. Sorry, our clients come to our firm (in part) because we tend to be pretty decent writers. Yes right someone can go to Attorney Corner and look up your cases. They should do that if they are deadest on plagiarism.

You are not being a jerk because you are not willing to share for free what your clients paid you good money for.

Anonymous
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Anonymous
April 26, 2019 6:20 pm

Tim Kelley was fired. Wonderful.

Particular
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Particular
April 26, 2019 6:29 pm
Reply to  Anonymous

amazing

Anonymous
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Anonymous
April 26, 2019 7:32 pm
Reply to  Anonymous

Pics (or proof) or it didn't happen.

Anonymous
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Anonymous
April 26, 2019 8:12 pm
Reply to  Anonymous

Yay!

Anonymous
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Anonymous
April 26, 2019 8:34 pm
Reply to  Anonymous

He didn't get fired; he, um, retired.

Anonymous
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Anonymous
April 26, 2019 8:40 pm
Reply to  Anonymous

He was not retained. Not fired. Each judge gets to pick their own staff.

Anonymous
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Anonymous
April 26, 2019 8:52 pm
Reply to  Anonymous

Yeah, he retired. Sure.

Anonymous
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Anonymous
April 26, 2019 8:59 pm
Reply to  Anonymous

Tim and her other staff are the reason I will not support Elissa Cadish.

Anonymous
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Anonymous
April 27, 2019 1:56 am
Reply to  Anonymous

Could not happen to a nicer person. You made my assistant cry.

Anonymous
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Anonymous
April 26, 2019 6:28 pm

With MJ Weksler being sworn in today, what is the scuttlebutt about the other two positions? Any rumors who has been chosen?

Anonymous
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Anonymous
April 26, 2019 6:36 pm
Reply to  Anonymous

Dan Albregts and Elayna Youchah

Anonymous
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Anonymous
April 26, 2019 6:32 pm

I come down on this issue on one side if it were 20 years ago, and the opposite side since we are dealing with today.

If it were like 20 years ago, I would agree with the posters who suggest that you are handing valuable work product, and your own intense research time and sweat equity, to someone who may perform little work beyond pirating your stuff, and slap his name on it. So, if it were circa 2000, I would agree with the posters who say "No."

But it is 20 years later, and fair or not, it is now not difficult for someone to sit at their desk and quickly locate the briefs you submitted in a certain case. When these people call you, particularly ones who barely know you, they probably already know of a specific case in which you successfully briefed and argued a certain matter. So, even though you did all the work and it may appear they are being somewhat lazy , presumptuous and exploitive, I agree with the posters who say "Yes", and help direct them, and help them access what they need to. It is good P.R., you are perhaps making a useful friend, and the word will get around that not only are a you a solid and highly skilled attorney, but that you are also one of the good guys out there among a sea of sharks.

Again, if you don't cooperate, these days they can simply sit at their desk and find your filings on Odyssey, etc.

Now, I understand that this issue can get a bit more nuanced. For example, what if they also want a lot of material that goes beyond briefs you filed–such as office research memos and other valuable material that is not necessarily otherwise accessible to them. In such instances, I would agree entirely with 11:00. A client may have paid your firm tens of thousands, and you may have spent countless hours on the case. And all of that militates against simply handing over anything that is not directly and publicly accessible to the favor-seeker. As 11:00 suggests, if they are intent on using your publicly accessible briefs to the point of essentially ripping off your writings, that is one issue. But that does not mean as to material they cannot publicly access, that you turn over a bunch of memos, and other internal office material, based on your many hours of work, that a client may have paid thousands of dollars for.

So, 11:00 really got me thinking about this. If Client A paid you $20,000. for all this work, and it is essentially handed over to the favor-seeking attorney and he only expends time justifying like $4,000. in billing(since you already essentially did most of the work for him), he will probably bill closer to the tune of the original $20,000. you charged, rather than the $4,000. figure which accurately reflects the time spent in taking your completed research and writing and modifying it somewhat for his purposes, and then slapping his name on it.

Attorneys who don't merely ask for some help and guidance, but who expect you to hand over a truck load of research and work product, are the types who will bill to the client, not the actual limited time they spent formatting your work for their purposes, but will instead charge an amount to the client that would have been expended had you not handed the attorney all your work, and he instead had to spend all the time to perform all the work himself. He realizes the client will not know better, and the attorney believes he can get away with it as long as he itemizes all the false time he claims to have spent.

So, as 11:00 indicates, this may be a lot more insidious, multi-layered, disturbing and exploitive, than a colleague just asking for a bit of help and direction.

anonymous
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anonymous
April 26, 2019 6:57 pm
Reply to  Anonymous

I share stuff with people all the time. Other lawyers share stuff with me all the time. I've never given it so much as a second thought.

Anonymous
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Anonymous
April 26, 2019 7:18 pm
Reply to  Anonymous

Same. I don't view it as "me vs you" or one person being lazy or not lazy. If someone takes the time to ask me for help, and I actually CAN help them, I will. Not a big deal.

Anonymous
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Anonymous
April 26, 2019 7:30 pm
Reply to  Anonymous

When it comes to research memos and materials of that nature, I say no way. That is confidential client information, imo.

An already filed (hence public) document is another thing. Although I don't think I've ever had someone I didn't know well call to ask for a word version.

I have had nearly entire briefs / motions essentially plagarized, down to even forgetting to change the client's name in a couple spots. That really annoys me.

If someone who I don't know well calls and asks, I'd probably give them a word version, if they seem normal and might make a new friend.

anonymous
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anonymous
April 26, 2019 8:19 pm
Reply to  Anonymous

11:57 here. A research memo would be a different story and I probably would not share something of that nature without at least giving it the full Bill Barr treatment first. Motions, etc. no big deal.

Anonymous
Guest
Anonymous
April 26, 2019 10:46 pm
Reply to  Anonymous

This falls squarely in to the lesson some people could use to learn: don't be a dick. If you can help someone out, do so-especially where there is no harm to you or your client.

Anonymous
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Anonymous
April 27, 2019 5:48 pm
Reply to  Anonymous

Just received a brief from opposing side, we're fucked.

Unknown
Guest
Unknown
April 28, 2019 10:16 pm

Hi, I've followed your coverage of my case, so I thought I would leave this here. It's a crazy video, but what can you expect from someone who discovers a conspiracy while attempting to use a crosswalk infinite times?

https://youtu.be/lKrCvM_Ej_Q