AB 148 proposes changes to the plea deal process. [RJ]
Another new bill proposes allowing police to search your cell phone following a crash. If you refuse, your license is suspended for 90 days. [LasVegasNow]
A woman plans to file a federal lawsuit today seeking to end Nevada’s brothel industry. [TNI]
Here’s more on that story(conspiracy theory?) about Judge Melanie Andress-Tobiasson. [Baltimore Post-Examiner]
One of our readers wrote in: We talk about emotional health and burnout in the legal profession. This episode (https://hbr.org/ideacast/2019/02/how-to-cope-with-a-mid-career-crisis) was a great listen for me and may be worthwhile for others. The themes of why competent people burnout and where they can find fulfillment is not targeted specifically to lawyers, but, perhaps not surprisingly, the issues seemed to apply to lawyers as much or more than to the management types the Harvard Business Review is targeted at. Things like a career built on solving a stream of contained issues (such as motions or cases) tending to be unsatisfying compared to more open-ended causes. May be useful to others.
With regard to the new OOJ rules – any thoughts on how or whether it will apply retroactively?
The new rules allow you make multiple OOJ but a new one doens't invalidate the old ones. What about an OOJ made before March 1, and you issue a new one post March 1? Which rule controls?
It seems to me it would apply "retroactively" in the sense that an offer made after March 1 does not invalidate an offer made before March 1.
The pre-March 1 offer is still valid, and under the old rules, you presumably would be unlikely to make a subsequent offer, for fear of invalidating your (presumably lower) previous offer. The new rule just says that the old offer is not invalid, and how to calculate the penalties.
Guest
Anonymous
February 25, 2019 5:07 pm
Who is the mental midget who proposed the cellphone legislation? Any attorney involved in a crash should immediately hit "erase all contents and settings" rather than allow a "search" that could include access to client email, etc.
SO many problems with this.
1) What about inadvertent (or intentional) excess gathering of data?
2) Even if the data is properly limited, What happens to the data? How long is it kept? what else is it used for?
3) What about technical limitations? IS there a device to obtain this? HOw much does it cost?
4) How to determine if device is used by you or passenger?
Why is it the best Vegas news stories and the hard hitting investigative journalism is always from newspapers OUTSIDE of the Vegas Valley. Years ago with the HOA scandal, the Seattle Times and the LA Times had research that should have been available locally. The newspapers here have always been a pile of crap.
To be fair, the Sun was great for a couple of years a decade ago. They even won a Pulitzer! But then they couldn't afford to (rich guy didn't want to) pay their journalists, who all got poached by more national outlets or had to become PR flacks.
It's depressing that a city this size has such crappy local news resources.
Guest
Anonymous
February 25, 2019 6:35 pm
I just (mostly) read the anti-brothel complaint. It's long. The causes of action are: "state created danger," "deprivation of federal rights" (under the Mann Act, etc.), and declaratory judgment that the Nevada laws and ordinances allowing prostitution are preempted by federal law.
The complaint is basically premised on facts that Nevada's brothels affect interstate commerce (which is undoubtedly true), and that brothel owners actively attempt to induce people to cross state lines to work at their brothels.
The claims are against the state, not against any individual brothel owners. But it seems to me the "violations" of federal law are by individual actors. I think the plaintiff will have a hard to bridging the state action requirement here, when state law prohibits advertising outside the county. So a lot of what they complain about is also illegal under Nevada law.
Consider the same arguments directed at the marijuana industry: blatantly in violation of federal law, and under the auspices of state law. I know there have been a few lawsuits trying to stop legal marijuana, but I haven't studied it. I don't know if any have succeeded on similar claims.
Guest
Anonymous
February 25, 2019 7:11 pm
Excellent timing for the article on mid-career burnout. Weighed down by burden of student loans which appear unpayable and a billable requirements which feels like a stone around my neck. having significant motivation issues and frankly just don't feel like being here
Guest
Anonymous
February 25, 2019 7:22 pm
I am a 7th year who has recently struggled with burnout. I have noticed that when I consistently excercise, spend time with my family, engage in religious practice and read books for pleasure that I am more productive at work and generally happier. But the challenge is fitting all those things in a day. It's easy to fall out of the habit or say, "I'm too busy today." My kids need me as a parent, but truthfully I need them too. If you are not formally religious, I suggest secular Buddhist meditation to fulfill a spiritual component in your life. This is especially helpful to increase productivity. Each morning when I arrive at work, I engage in 20 minutes of meditation practice. I also engage in religious practice associated with my religious affiliation. Reading books helps me unwind, and it also helps me avoid becoming one of those one dimensional lawyers who can only carry a conversation if it involves discussion of the practice of law.
Is this a joke? I'm not being snarky, I seriously can't tell if you're being sarcastic. If you're seriously engaged in 20 minutes of meditation practice, you have time for books and meaningful family interaction can you please state what your area of practice is? I'd also like to know the age of your kid(s). Who drops them at school? Who does your laundry, cooking, cleaning? Are you male or female? For private practice, you've essentially described a part time job if you're female (or male for that matter), which is great. For the billable attorney, there is no feasible way to get 155 hours a month without averaging 9 hours a day in the office, plus making up time on the weekends. There are simply not enough hours in the day for the balance you describe above – someone is getting the shaft. Either your family – or you're part-time. Please give detail. Thanks
Nonsense. I know plenty of attorneys who bill over 2,000 hours per year working just under 8 hours per day, Monday through Thursday.
Guest
Anonymous
February 25, 2019 9:54 pm
Which extreme best describes Judge Melanie Andress-Tobiasson:
1. A relentless intermeddler and high dramatist who sees conspiracy theories around every corner, makes outrageous and unsupported accusations of some law enforcement personnel protecting certain criminals, and uses the status of her office to improperly have access to high ranking officials that the average citizen could never realistically have access to.
2. Or is she the holy crusader protecting her child, and others, against criminal exploitation and law enforcement indifference and corruption.
Her critics tend to categorize her as #1, while she and her supporters see herself as #2.
The truth is likely somewhere between those two extremes. She appears very well-intentioned and to honestly believe everything she is asserting, including accusations of corruption, etc. I believe she is legitimately motivated to protect her daughter and other youngsters. But I believe in doing so, objectively is compromised, and her understandable extremely high stress level has her seeing boogie men around every corner.
Some of her accusations and suspicions may have some real degree of truth, but she may be casting too wide a net.
I believe the part about her daughter, and the situation in question being a front to recruit teen prostitutes, is probably quite supportable. But to then link the behavior of these wretched predatory criminals directly to Metro officers who are supposedly acting as a shill for such pimps and criminals, sounds quite hard to accept without convincing proof.
Call me naïve and too trusting, but I have trouble with that part of what she asserts. She apparently has been to the FBI, and we are now required to accept that not only is this odious corruption occurring with Metro, but that the Feds. are not interested in addressing any of it? My experience is that the Feds. will not look the other way in such instances, but will instead welcome an opportunity to attack state, and local, corruption.
It's simply way too early to tell if it is more like #1,or #2.
It may in fact be the case that teens were being recruited for prostitution. But the parts about governmental and police corruption and indifference are very difficult to determine at this time. A lot more info is needed.
It is both. Something is rotten in Denmark but she is too piously embroiled in the middle of it. Of course the Feds look the other way unless the Feds do not want to look the other way or want to make up the facts themselves. Metro and the FBI are not differently oriented elements of right; they are the Bonnanos and the Luccheses. They each are dirty for their own purposes and you just want to make sure that they each like you enough to not want to whack you.
Guest
Anonymous
February 25, 2019 10:46 pm
I wish we would stop calling our inability to balance "burnout." The bottom line is that the practice of law isn't what it used to be 20 years ago, or even 10 for that matter. Those who can maintain have a system that includes help – such as nanny's and housekeepers – or they have managed to work balanced hours allowing them to give their family and personal life the attention necessary for everyone to be happy. I will never believe anyone who tells me they bill 1800 or 1900 hours a year, easily, happily and without other areas of their life suffering. It's just not possible. We need to move away from the "billable hour" and into a value based billing system. Such a system can give lawyers a life, and benefit the clients. that's just one idea. I find myself breaking down physically at least once a year and I know it's from burning the candle at both ends and I mean work and family -with no time for "fun" that doesn't involve taking my kid to McDonalds or Netflix.
You forget the Nevada State Bar. They do not look favorably upon anything incongruent with large-firm hourly billing. I once saw a small firm save a client literally tens of millions of dollars and the OBC thought a mutually agreed upon flat fee of .001 (for which the client was happy until the OBC instigated the client) was "outrageous." So be careful being fair when the OBC has no concern for fairness. And before the trolls come out: no, it wasn't me but I have personal knowledge of the incident. Actually, the more I think about it; had it been a PI case the firm would have earned around $30M. Strange indeed.
Hourly wages for anything other than physical presence (caretaking) is the dumbest innovation of the modern age and labor laws need to be revised to make it easier to value-price labor.
Guest
Anonymous
February 26, 2019 12:46 am
"The Singing Attorney: A Biography" in MyVegas magazine is laughably bad writing. I feel bad for Keith Galliher (a fine attorney and I didn't know he is a singer), because the article is almost unreadably bad unless you decide it is so bad it is funny.
Has this Blog discussed the passing of George Dickerson? I know that I assume that the average age of blog readers is 29 and does not know/remember George Dickerson. He was a pillar of this legal community.
Guest
Anonymous
February 26, 2019 8:24 am
Obama lied!
Captcha blows dogs for quarters.
Guest
Anonymous
February 26, 2019 10:53 pm
I am sure Jason Guinasso is a decent guy, but why is he pursuing this one topic so relentlessly? Anyone know?
Gets his name in the paper a lot.
And he's doing it "pro bono," which makes for even more good press. But the case has § 1983 claims, so if he wins he gets attorney's fees, and I'm certain he wouldn't disclaim them. So it's not entirely charitable.
That's my theory anyway. I don't know him personally, nor do I know if he has any deeper motivations than that.
FIRST
The new NRCPs take effect Friday. That will make things interesting for awhile. Anyone know anything about the status of revisions to the EDCRs?
With regard to the new OOJ rules – any thoughts on how or whether it will apply retroactively?
The new rules allow you make multiple OOJ but a new one doens't invalidate the old ones. What about an OOJ made before March 1, and you issue a new one post March 1? Which rule controls?
It seems to me it would apply "retroactively" in the sense that an offer made after March 1 does not invalidate an offer made before March 1.
The pre-March 1 offer is still valid, and under the old rules, you presumably would be unlikely to make a subsequent offer, for fear of invalidating your (presumably lower) previous offer. The new rule just says that the old offer is not invalid, and how to calculate the penalties.
Who is the mental midget who proposed the cellphone legislation? Any attorney involved in a crash should immediately hit "erase all contents and settings" rather than allow a "search" that could include access to client email, etc.
Ridiculous proposal. Get a warrant.
I would tear this to shreads as a constitutional law attorney.
Michelle Gorelow, AB200.
here is a link to the text. https://www.leg.state.nv.us/App/NELIS/REL//80th2019/Bill/6307/Text
and here is her legislative bio
https://www.leg.state.nv.us/App/Legislator/A/Assembly/80th2019/35
SO many problems with this.
1) What about inadvertent (or intentional) excess gathering of data?
2) Even if the data is properly limited, What happens to the data? How long is it kept? what else is it used for?
3) What about technical limitations? IS there a device to obtain this? HOw much does it cost?
4) How to determine if device is used by you or passenger?
Dammit, Gorelow is my Assemblywoman.
Why is it the best Vegas news stories and the hard hitting investigative journalism is always from newspapers OUTSIDE of the Vegas Valley. Years ago with the HOA scandal, the Seattle Times and the LA Times had research that should have been available locally. The newspapers here have always been a pile of crap.
To be fair, the Sun was great for a couple of years a decade ago. They even won a Pulitzer! But then they couldn't afford to (rich guy didn't want to) pay their journalists, who all got poached by more national outlets or had to become PR flacks.
It's depressing that a city this size has such crappy local news resources.
I just (mostly) read the anti-brothel complaint. It's long. The causes of action are: "state created danger," "deprivation of federal rights" (under the Mann Act, etc.), and declaratory judgment that the Nevada laws and ordinances allowing prostitution are preempted by federal law.
The complaint is basically premised on facts that Nevada's brothels affect interstate commerce (which is undoubtedly true), and that brothel owners actively attempt to induce people to cross state lines to work at their brothels.
The claims are against the state, not against any individual brothel owners. But it seems to me the "violations" of federal law are by individual actors. I think the plaintiff will have a hard to bridging the state action requirement here, when state law prohibits advertising outside the county. So a lot of what they complain about is also illegal under Nevada law.
Consider the same arguments directed at the marijuana industry: blatantly in violation of federal law, and under the auspices of state law. I know there have been a few lawsuits trying to stop legal marijuana, but I haven't studied it. I don't know if any have succeeded on similar claims.
Excellent timing for the article on mid-career burnout. Weighed down by burden of student loans which appear unpayable and a billable requirements which feels like a stone around my neck. having significant motivation issues and frankly just don't feel like being here
I am a 7th year who has recently struggled with burnout. I have noticed that when I consistently excercise, spend time with my family, engage in religious practice and read books for pleasure that I am more productive at work and generally happier. But the challenge is fitting all those things in a day. It's easy to fall out of the habit or say, "I'm too busy today." My kids need me as a parent, but truthfully I need them too. If you are not formally religious, I suggest secular Buddhist meditation to fulfill a spiritual component in your life. This is especially helpful to increase productivity. Each morning when I arrive at work, I engage in 20 minutes of meditation practice. I also engage in religious practice associated with my religious affiliation. Reading books helps me unwind, and it also helps me avoid becoming one of those one dimensional lawyers who can only carry a conversation if it involves discussion of the practice of law.
Is this a joke? I'm not being snarky, I seriously can't tell if you're being sarcastic. If you're seriously engaged in 20 minutes of meditation practice, you have time for books and meaningful family interaction can you please state what your area of practice is? I'd also like to know the age of your kid(s). Who drops them at school? Who does your laundry, cooking, cleaning? Are you male or female? For private practice, you've essentially described a part time job if you're female (or male for that matter), which is great. For the billable attorney, there is no feasible way to get 155 hours a month without averaging 9 hours a day in the office, plus making up time on the weekends. There are simply not enough hours in the day for the balance you describe above – someone is getting the shaft. Either your family – or you're part-time. Please give detail. Thanks
155 hours per month is nothing.Id love if that was the minimum. You would never need a weekend even in February to exceed 155 easily.
Nonsense. I know plenty of attorneys who bill over 2,000 hours per year working just under 8 hours per day, Monday through Thursday.
Which extreme best describes Judge Melanie Andress-Tobiasson:
1. A relentless intermeddler and high dramatist who sees conspiracy theories around every corner, makes outrageous and unsupported accusations of some law enforcement personnel protecting certain criminals, and uses the status of her office to improperly have access to high ranking officials that the average citizen could never realistically have access to.
2. Or is she the holy crusader protecting her child, and others, against criminal exploitation and law enforcement indifference and corruption.
Her critics tend to categorize her as #1, while she and her supporters see herself as #2.
The truth is likely somewhere between those two extremes. She appears very well-intentioned and to honestly believe everything she is asserting, including accusations of corruption, etc. I believe she is legitimately motivated to protect her daughter and other youngsters. But I believe in doing so, objectively is compromised, and her understandable extremely high stress level has her seeing boogie men around every corner.
Some of her accusations and suspicions may have some real degree of truth, but she may be casting too wide a net.
I believe the part about her daughter, and the situation in question being a front to recruit teen prostitutes, is probably quite supportable. But to then link the behavior of these wretched predatory criminals directly to Metro officers who are supposedly acting as a shill for such pimps and criminals, sounds quite hard to accept without convincing proof.
Call me naïve and too trusting, but I have trouble with that part of what she asserts. She apparently has been to the FBI, and we are now required to accept that not only is this odious corruption occurring with Metro, but that the Feds. are not interested in addressing any of it? My experience is that the Feds. will not look the other way in such instances, but will instead welcome an opportunity to attack state, and local, corruption.
It's simply way too early to tell if it is more like #1,or #2.
It may in fact be the case that teens were being recruited for prostitution. But the parts about governmental and police corruption and indifference are very difficult to determine at this time. A lot more info is needed.
It is both. Something is rotten in Denmark but she is too piously embroiled in the middle of it. Of course the Feds look the other way unless the Feds do not want to look the other way or want to make up the facts themselves. Metro and the FBI are not differently oriented elements of right; they are the Bonnanos and the Luccheses. They each are dirty for their own purposes and you just want to make sure that they each like you enough to not want to whack you.
I wish we would stop calling our inability to balance "burnout." The bottom line is that the practice of law isn't what it used to be 20 years ago, or even 10 for that matter. Those who can maintain have a system that includes help – such as nanny's and housekeepers – or they have managed to work balanced hours allowing them to give their family and personal life the attention necessary for everyone to be happy. I will never believe anyone who tells me they bill 1800 or 1900 hours a year, easily, happily and without other areas of their life suffering. It's just not possible. We need to move away from the "billable hour" and into a value based billing system. Such a system can give lawyers a life, and benefit the clients. that's just one idea. I find myself breaking down physically at least once a year and I know it's from burning the candle at both ends and I mean work and family -with no time for "fun" that doesn't involve taking my kid to McDonalds or Netflix.
You forget the Nevada State Bar. They do not look favorably upon anything incongruent with large-firm hourly billing. I once saw a small firm save a client literally tens of millions of dollars and the OBC thought a mutually agreed upon flat fee of .001 (for which the client was happy until the OBC instigated the client) was "outrageous." So be careful being fair when the OBC has no concern for fairness. And before the trolls come out: no, it wasn't me but I have personal knowledge of the incident. Actually, the more I think about it; had it been a PI case the firm would have earned around $30M. Strange indeed.
Ignore the trolls. This why I post on generality bc of trolls. I posted specifics, and I was accused of being one of the parties when I was not.
Hourly wages for anything other than physical presence (caretaking) is the dumbest innovation of the modern age and labor laws need to be revised to make it easier to value-price labor.
"The Singing Attorney: A Biography" in MyVegas magazine is laughably bad writing. I feel bad for Keith Galliher (a fine attorney and I didn't know he is a singer), because the article is almost unreadably bad unless you decide it is so bad it is funny.
Awful. Simply awful.
Has this Blog discussed the passing of George Dickerson? I know that I assume that the average age of blog readers is 29 and does not know/remember George Dickerson. He was a pillar of this legal community.
Obama lied!
Captcha blows dogs for quarters.
I am sure Jason Guinasso is a decent guy, but why is he pursuing this one topic so relentlessly? Anyone know?
Gets his name in the paper a lot.
And he's doing it "pro bono," which makes for even more good press. But the case has § 1983 claims, so if he wins he gets attorney's fees, and I'm certain he wouldn't disclaim them. So it's not entirely charitable.
That's my theory anyway. I don't know him personally, nor do I know if he has any deeper motivations than that.