- law dawg
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In the latest edition of the Nevada Lawyer magazine there is an article about Jacqueline Bretell that mentions how she dealt with mid-frequency hearing loss. It got us wondering how the rest of you deal with it. The loss of hearing and vision acuity is a normal part of the aging process and something that affects all of us in one way or another whether you want to admit it or not. What accommodations have you made to deal with this aspect of aging? Do you have hearing aids? Did you stop going to court? Do you have a pair of readers in your pocket at all times? What have you seen or heard about people doing that just makes sense for a lawyer trying to do their job?
So Jacqueline was only 30 when she found out she was having hearing loss, it is genetic – i hardly think that is “old”.
Isn’t she the attorney who carries a dog in her purse?
Went into law school with perfect 20/20 vision. Graduated law school wearing glasses. I can’t say that there is cause and effect there; but all that time reading from a computer screen does take a toll on the eyes.
I had perfect 20/20 vision until the age of 21, about a year after I started a job that required staring at a computer screen all day. Anecdotal and not scientific but I tend to agree.
Try books, instead of screens.
In case law, something in the meaning of the case, the nuance of the holding, is lost with reading cases on line.
You get a better flavor of the law if you have three reporters open on different cases, that may have different holdings.
Sadly, I no longer use the reporters, except for an occasional trip to Boyd.
Perhaps the techniques and technology for rejuvinating human hearing haven’t kept pace with the techniques and technology for rejuvinating other parts of the human body.
My Viagra says you might be right.
Jacqueline says 11:09 is right!
A veritable smorgasbord of prosthetic enhancements.
Off topic question: I’m dealing with an out of state attorney who routinely asks for sanctions against me and always accuses me of unethical behavior and files lots of nonsense. Today I decided to look this this person up and this person has listed on the firm website under “Representative Cases” our case(!). It’s still ongoing…no appeal, nadda. Going to trial this year likely. This person then lists the case name and says “Prosecuted Nevada state case…..” As in, past tense. This person is implying that she/he prevailed for his/her clients – and lists the case name. Honestly this wouldn’t even bother me as much if this person hadn’t conducted himself/herself so obstructively throughout this case, always accusing me of ethics violations (which go nowhere)…and it’s always the people that throw stones that are themselves the most fervent violators. Thoughts? Is this an ethical violation? If this case goes to trial, I’m certainly going to ask the judge to have this person remove the (lies). To be clear – I have seen cases where active matters are on websites if there is a writ petition granted, etc. – very factually based. But this is clearly designed to say his/her clients won this case – and it is pending. Thank you for your time reading my rant.
This is why reciprocity will not work and cause problems allowing foreign attorneys to waive into our bar and run amok.
Wondering out loud if opposing counsel has been admitted to Nevada “pro hac vice.” The misrepresentations about prevailing in a pending case sounds like you may want to consider reporting to the state bar; take the screen shots. However, as we know the bar is more concerned with political matters like Justin Jones.
Which RPC has been violated?
4.1(a). It’s a false statement. Using the word “prosecuted” implies a win – under the “representative cases” section. May be others – don’t know but I agree the state bar won’t care. Agree with the poster – bring it to the judge prior to trial if it doesn’t settle. Bar complaints go nowhere
Nothing in use of the work “prosecuted” expressly or implicitly indicates a win, just that the person pursued the case.
According to OP, the foreign lawyer did not say that he/she/they/it prevailed in a pending case, just that it is a representative case of their work product. Nothing misleading in that representation.
You don’t take issue with the past tense of the word “prosecuted”, as in past tense? To me it’s clearly an implication of a win of the case. I’ve never seen another lawyer do this so this is an interesting topic. Maybe it’s not misleading to some – it is to me.
Is he from Texas?
My money is on California.
My money is on family lawyer from Los Angeles.
I would really recommend against making any kind of ethics complaint against someone acting as opposing counsel. It can look like you’re trying to use the ethics complaint as leverage in your case, which is itself an ethical violation. This is obviously distinct from seeking sanctions in your case, which is perfectly fine if warranted.
Now maybe if someone made a death threat against me or something really over the line I might still submit a complaint. But I’m not even sure what you’re accusing this person of is a misrepresentation, let alone somethign egregious enough to go to the Bar about.
Threatening to file a bar complaint to gain a tactical advantage in litigation is unethical, pursuant to RPC 8.4(d). There’s an ABA opinion on this exact issue from over twenty years ago, I think. “Appearance” is not the issue if the complaint is supported by strong facts demonstrating attorney misconduct. To be safest, file a motion with the court, document the misconduct, and then when your judicial officer refuses to refer the matter him or herself (common), file a complaint with the record and order. Don’t expect the Bar to do the heavy lifting if the situation is urgent. Discipline takes times.
RPC 7.1
In yesterday’s bench bar meeting, did Richard Dreitzer really say one of the reasons they always hold the state bar conference out of state is because people like to take their kids with them as a vacation?
50% of the people he talks to! LOL
?
One reason to have a conference out of state is to ensure people get together after the conference sessions. This is important to build comradery. You are less likely to be a jerk to someone in litigation if you know them socially.
If a conference is held in Reno or Vegas, everyone just goes home at the end of the night. Reducing an opportunity to bring us together.
I would vote to have the conferences closer to NV…
Not 8:38 but the two “down votes” afterhours and before 7:00 a.m. are fascinating. The trolling of the State Bar on this website, your chronic negativity… if you’re that unhappy and hate your job, I encourage you to find another profession.
If people would rather go home rather than share your company, perhaps that’s a sign that people don’t actually enjoy your company.
Actually, the whole “let’s have the conference out of state” attitude of the BOG makes a lot more sense when you look at it as a way of forcing the cool kids to socialize with the members of the BOG because they have limited the alternatives.
Apple airpod pros have a hearing boost function now that was cleared by the FDA for those with mild to moderate hearing loss. Haven’t had a chance to try it since I’m a young buck, but I’ve heard people swear by it. Plus they look a lot cooler than old fogey hearing aids.
Looking forward to seeing the “old fogeys” in court with their airpods in. 🙂
https://www.instagram.com/p/DHG5e2MuYda/
We don’t have a Nevada equivalent for this right?
I mean, we have Michele Fiore grifting and Halverson’s foot massages, but not THIS.
I am always amazed at how pedophiles and creeps find each other. It’s like they just know. Nasty.
Oh but we did have one. Del Vecchio
IMHO all attorneys should take time for medical appointments as part of their self-care regardless of age. I understand there are attorneys in their 20’s already diagnosed with high blood pressure, diabetes, heart disease, obesity, etc. If you do not get it under control these medical issues can be a death sentence sooner rather than later. Pay attention to your mental health and your alcohol and drug consumption. Substance abuse issues can ruin your career, marriage, cause your children to dislike you, and be life ending.
Yes. I feel like the morbidity rates for my law colleagues are really bad compared to the non law colleagues.
And the mental health part too.
Something that struck me recently is that all the kids from my high school who grew up with dads in the legal field by and large have no relationship with that parent or outright disdain and dislike.
Asking for a friend– how do you have time for non-law colleagues?
Go solo. Reclaim your time. Take the cases that you want and turn the one away you don’t. I did it in the early 2000’s and never regretted it and never looked back.
Best decision I ever made a decade ago. Amen, brother/sister.
845here Brother, Thanks!
eat whole foods, exercise, and don’t drink excessively. pretty simple
sounds terrible
Ok, I’ll take Law Dawg’s bait.
I am old enough to take social security. I like practicing law, I like the law, but no longer go to court. Partly because most junior lawyer motions are dumb, and partly because I have to pee, often. The only issue is when to retire.
I was having an interesting discussion with a colleague today about trusts and it raised a question I didn’t know the answer to. Has anyone ever seen how a different state’s courts have treated provisions of Nevada law regarding trusts? For example, if I make a self settled asset protection trust, with a nevada co-trustee so there is some kind of nexus to Nevada, has anyone ever seen a creditor try to attack that in another state and what the result was?
4:44 here, I should specify, a Nevada self settled asset protection trust
I can’t give you a cite, but I will spitball with you.
The Art. 4 comity provisions of the Constitution should give your client cover.
A Nevada trustee might be a plus factor, but contra, a corporate multi-state trustee service may not be much of a nexus. Keeping assets in Nevada would be stronger.
Again, no cite, but I seem to recall that a self settled asset protection trust in an eastern state did not survive in court, I believe because it was not properly funded. Also, I have heard that trustor’s should not try to deceive creditors, but should, say in the case of business loan, disclose the existence and nature of the trust. Cheers.
I can’t cite to it, but about 10-12 years ago, there was a California state court case where a defendant had an NRS 166 trust and the state court judge said (and I’m summarizing here) that because the real property was transferred into the NV trust, and the sole purpose of the NV trust is to shield the asset from creditors, any transfer into that trust was to hinder creditors and was thus fraudulent under California’s version of the UFTA. The judge then unwound the transfer of the real property to the trust and I presume the creditor then continued with the sheriff sale (investment property I presume.) That’s the only one i can specifically recall. I did the research on it waaaaay back then when we were looking into marketing to California residents for Nevada NRS 166 trusts. But then, of course, you see that California considers any trust where a California resident is a beneficiary, to be a California resident trust subject to California taxation – EVEN IF all of the assets are not in California and none of the income actually gets distributed to a California resident. Nutz.
I’ve got a client who is looking for assistance with an H1B visa application. I don’t touch immigration law. Who does this in LV?
Darren Heyman
Who are your go-to settlement judges? (Civil obviously). I like Department 30 and all but I have had it with being sent to the new(ish) former PDs and DAs. They dont know what they are doing in settlement conferences and actually on a couple of occasions have enflamed the issues in cases.
So if you were going to contact a department to set your own one up, who are you calling? Who is willing to do them? I wish I could get Department 9 and 16 to do them but they are stuck doing Business Court settlement conferences. I hear good things about 29. Who are you using?