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  • The Legislature began discussing Uber in Nevada yesterday. Don’t worry, taxi drivers statewide are looking out for your safety and fighting the good fight against Uber. [RJ]
  • One proposed bill would eliminate the penalties for underage drinking if a medical emergency is being reported. That should work just fine, right? [Fox5Vegas; 8NewsNow]
  • Did you know there was mayoral debate last night? Did you know there is an election next week? [Las Vegas Sun]
  • AG Adam Laxalt wants the 9th Circuit to rehear the Margaret Rudin appeal. [KNPR]
  • For those of you not paying attention to the comments yesterday, there was a nice discussion about Rule 11. To follow it up:

With regard to Rule 11, I have:


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Anonymous
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Anonymous
March 31, 2015 3:39 pm

I think Rule 11 is important and can be used without the attorney being a douche. There are times that a Rule 11 motion (or threat) is necessary. For example, I defended a case a few years ago where the plaintiffs' attorney alleged that they were in a car accident that was caused by faulty manufacturing of the automobile. However, after receiving the plaintiffs' medical records, it was revealed that the driver had suffered from fainting spells, and she even told the responding paramedics that she had nearly fainted, which is what caused the accident.

I politely asked the plaintiffs' counsel to voluntarily dismiss the case or face a Rule 11 motion, to which he told me to get lost because the case had merit, and then he promptly withdrew as counsel. In my opinion, the attorney did not meet his Rule 11 obligations in that matter.

Having said all of this, I think Rule 11 should be used sparingly, and moreover, you are unlikely to get one of our esteemed, elected judges to actually grant a Rule 11 motion, so it better be iron-clad if you file.

Anonymous
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Anonymous
March 31, 2015 3:45 pm

I am glad we are having this Rule 11 discussion. I am a young attorney and I appreciate the comments that have been made.

Anonymous
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Anonymous
March 31, 2015 4:40 pm

The same lawyers threaten bull shit Rule 11 motions all the time. You threaten a Rule 11, you and your client are douches.

Anonymous
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Anonymous
March 31, 2015 4:42 pm
Reply to  Anonymous

But there are real Rule 11 violators. I have been practicing 37 years and have only filed one once.

Anonymous
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Anonymous
March 31, 2015 4:47 pm
Reply to  Anonymous

One in 37 years, you are not a douche.

Anonymous
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Anonymous
March 31, 2015 4:46 pm

Older, shitty lawyers try to use it as a scare tactic on younger lawyers. The only time I was threatened with a Rule 11, a motion was never filed, then the same opposing counsel threatened my well-being, so I am definitely not going to listen to the threats of Rule 11 whores.

Anonymous
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Anonymous
March 31, 2015 4:52 pm

The Margaret Rudin case is such an embarrassment for Nevada. So glad that General Laxalt will give the Ninth Circuit one more chance to expose the flaws in our system.

Anonymous
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Anonymous
March 31, 2015 4:53 pm

I believe that Rule 11 situations arrive most often because an attorney is getting bad information from their client that they can't prove or disprove because the documents may be with the opposing party, or there are no documents available at the time the Complaint (or other pleading/motion) needs to be filed. So you end up taking your client's word for it. If this situation arises, I would expect the opposing counsel to contact the offending party and provide the information to refute the allegations so they have the opportunity to withdraw it. Like others have said already, it's only the a-hole attorneys who put on their dickhats immediately and threaten Rule 11 without trying to resolve the situation first.

Anonymous
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Anonymous
March 31, 2015 5:32 pm

In 25 years I have filed two Rule 11 Motions and in both cases the trial court imposed sanctions on the attorney, and in both cases the attorney appealed. The Rule 11 sanctions were affirmed in both cases. In both of those instances I contacted the attorney before serving the Rule 11 motion and discussed my concerns and offered the opportunity to withdraw the pleading before I even prepared and served the Rule 11 motion.

On two other occasions I have contacted opposing counsel and discussed the factual basis for the complaint and in one of those cases the attorney withdrew the pleading and in the other case the attorney substantially amended the pleading. So, in total, I have only "used" Rule 11 four times in 25 years.

Rule 11 has its place, and is only truly effective when used sparingly and absolutely necessary. On the occasions when opposing counsel has threatened Rule 11, I felt comfortable in my position so I simply told the attorney to go ahead and serve the Rule 11 motion as I was not concerned. Suffice it to state, I never heard the term Rule 11 again in that case or quite frankly in any subsequent cases I have had with those attorneys.

Anonymous
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Anonymous
March 31, 2015 5:38 pm
Reply to  Anonymous

This^

Anonymous
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Anonymous
April 1, 2015 2:23 pm
Reply to  Anonymous

I agree too. I have never threatened but have served and twice ended up filing a rule 11 motion. It was appropriate and granted. Just because a person files a pleading or makes a claim doesn't make it righteous. There are instances where it's a sensible rule. Can it be abused and taken personally as offensive? Of course. But think about the client against whom a legally baseless claim is made. Also upsetting and the rule allows that client to get the thing withdrawn before time and money are spent chasing it.

Anonymous
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Anonymous
March 31, 2015 5:57 pm

Can one be a Rule 11 Whore/Douche and become repentant and redeemed?

Anonymous
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Anonymous
March 31, 2015 6:35 pm

Sure, if you stop your egregious acts immediately, and don the south pole velour sweats for at least two years!

Anonymous
Guest
Anonymous
March 31, 2015 10:32 pm

I don't usually threaten rule 11 motions, but when I do it is against one particular habitual offender. That's what I get for setting foot in family court. They actually told the judge they weren't obligated to read the case file. Sanction central.

Anonymous
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Anonymous
March 31, 2015 10:54 pm

Can you pursue fees and sanctions against those who wrongfully file a Rule 11 motion?

Anonymous
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Anonymous
March 31, 2015 10:59 pm

I have had one particular attorney threaten me with three different rule 11 motions within a single case. He has not filed a single one, and he has lost all the underlying disputes. At first I was annoyed, but now I admire his persistence.

Anonymous
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Anonymous
March 31, 2015 11:20 pm

You have the patience of a saint.

Anonymous
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Anonymous
March 31, 2015 11:41 pm

I don't always threaten Rule 11, but when I do, I prefer to after I drink Dos Equis.

Anonymous
Guest
Anonymous
March 31, 2015 11:44 pm
Reply to  Anonymous

You should order once.

NewlyMintedAttorney
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NewlyMintedAttorney
April 1, 2015 12:14 am
Reply to  Anonymous

And then again 21 minutes later.

Anonymous
Guest
Anonymous
April 1, 2015 4:53 pm

I've filed for Rule 11 sanctions against another attorney. He openly lied in Court and I had the documentation to prove it. He was given his 21 day safe harbor and instead he doubled down on his lie. The bench openly told him he didn't believe a word he had said and sanctioned him personally. I'm not sorry and I'd do it again. There is a big difference between advocating for your client and lying to the Court. I think any reasonable attorney and most of our judges can spot the difference.

Anonymous
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Anonymous
April 1, 2015 5:03 pm
Reply to  Anonymous

I moved for Rule 11 sanctions against another attorney who submitted a perjured affidavit and made numerous factually misrepresentations in his papers, which I illustrated were misrepresentations by way of evidence. Although the judge acknowledged the other attorney had severe ethical issues, he declined to award attorneys' fees and/or make a sanction. It's worth noting that another judge had sanctioned this same attorney and referred him to the bar. Whenever my clients ask me if they will receive fair treatment, I just shake my head and tell them I don't know.

Anonymous
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Anonymous
April 2, 2015 4:16 pm
Reply to  Anonymous

You should tell your clients the truth – if they are not willing to buy themselves one or more judges through generous donations, then, no, they will not receive "fair treatment," because our system is only fair if both sides are buying judges. If you are not buying one or more judges, then you will never be treated equally. Sorry, but that is the reality of an elected judiciary.

Anonymous
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Anonymous
April 1, 2015 7:10 pm

When a law firm such as the Willick Law Group loses an appeal and tries to litigate the very same issue in front of another family Court Judge would you file a Rule 11 motion or take some other action

Anonymous
Guest
Anonymous
April 1, 2015 7:22 pm
Reply to  Anonymous

It depends on the applicability of issue preclusion and/or claim preclusion? Is it the same parties? Or just same issue, different parties?

Anonymous
Guest
Anonymous
April 2, 2015 4:08 am
Reply to  Anonymous

Different parties same issue see 130 NEV ADV OP 48