Judge Herndon sentenced a man 32 years to life for a random killing on I-15. [RJ]
The City of Henderson paid Littler Mendelson PC almost $11,000 for work related to investigating claims of sexual harassment against a former assistant city manager. [RJ]
Two petitions to recall elected state lawmakers don’t have enough signatures after a court ruled that people could withdraw their signatures. [KTNV]
After a raid involving one of his lawyers, President Trump declared on Twitter that “Attorney-client privilege is dead.” Thoughts? [WaPo]
(3) To prevent, mitigate, or rectify the consequences of a client’s criminal or fraudulent act in the commission of which the lawyer’s services have been or are being used, but the lawyer shall, where practicable, first make reasonable effort to persuade the client to take corrective action;
I generally respect White but he got this wrong. Yes the USAM states protocol and procedure that the AUSA is supposed to follow. However as a white collar person, at least our local office, those guidelines for raids on law firms are not followed. An AUSA got a referral from the Mueller team and went with it.
The stern eye of the Magistrate is laughable. Our Magistrates in this jurisdiction would issue a warrant based upon the ham sandwich. If an Agent/AUSA swears out an Affidavit, you get your warrant. I think Trump's concepts of due process are directly out of the Dark Ages but on this one, he has a point. Attorney-client privilege is dead when left in the hands of people who have never been an attorney with a client. No amount of "Taint Team" ever unrings those bells.
Pretty sure Ken White knows what he's talking about since he was an Assistant AUSA for a long while. I wouldn't consider Las Vegas and New York to be a fair comparison in terms of protocols used.
11:31– that is a fair comment. What is setting forth what is SUPPOSED to happen. Just want it recognized (as someone who worked in a USAO) that just because it is in the USAM does not necessarily mean that those protocols are actually followed (especially locally).
I have no experience with the AUSA or FBI, but I have trouble believing that they would take a single liberty or miss a single procedural requirement in this case, knowing that the President and a significant percentage of the country will be attacking them.
Did you think that they would take a single liberty or miss a single procedural requirement in going after the Bundys, knowing that a significant percentage of the country will be attacking them and knowing that AUSA in Oregon had already blown it once?
The world is moving fast. They are not about to let the chance to have fingerprints on this mega-case escape them.
3:04 PM–Says "no experience with AUSA or FBI but…trouble believing they would take a single liberty or miss a single procedural requirement…." Are you kidding me? Did you follow the Bundy case?? Hear what happened there?? The FBI and US Attorney over reach all the time. The federal rules of discovery or lack thereof allow them to conceal at lot of stuff. They will pull every trick in the book. Look at General Flynn–he got indicted and is facing felonies because he did not realize what he was dealing with. This whole thing stinks to high heaven.
The problem is that in Federal Court, there are (1) the rules and then there is (2) the game. AUSAs and judges acknowledge that there are rules but largely everyone who is an insider understands that AUSA play the game and that the rules really are irrelevant. That is the case with the USAM.
I heard Ken White on NPR this morning discussing the rules regarding getting approval after strict scrutiny from DOJ-Washington before getting a search warrant on a law firm. Looks great on the written page. Not how it really happens in practice. Yes AUSAs bend/flog/break/ignore the rules all of time, because they are allowed to and because they get away with it. It is not only tolerated but somewhere between expected and required to be successful because everyone is doing it. You want to be pious about rights and procedure? Go be an FPD. You want to win? Be an AUSA.
Wolfson is a 42k carat, I mean 42k campaign fund losing DA candidate. He has my support. Eglet favorite.
Guest
Anonymous
April 10, 2018 6:41 pm
Quite ironic to get an email from the State Bar today. "With a complete line-up of high-profile speakers, a focus on the Rule of Law, an opportunity to get a year’s worth of CLE credits, and the year’s best opportunity to mix and mingle with Nevada’s legal community, the Drake hotel is just one more reason the 2018 Annual Meeting is not to be missed."
First "focus on the Rule of Law" and conducting a seminar on Reptile Theory are antithetical.
Second if by "mix and mingle with Nevada’s legal community" you mean the Supreme Court and Judges who want to take a free vacation, sure they will be there. If you mean 96.5% of the practitioners for whom the Annual Meeting is supposed to be serving but does not, no thanks since they all will be here in the State of Nevada.
Ignore that blue thing above you and listen to me, the sky is red.
Guest
Anonymous
April 10, 2018 7:28 pm
Hey, Wolfson, I am a young mother who was assaulted in a parking lot at night with the assailant's car coming toward me, but nothing done. Police were not even dispatched. No support here from me or my family.
I was also wondering why paying Littler $11k is even news. That won't pay the monthly salary for an associate. Who the F cares? It's these types of "stories" that remind me that Las Vegas isn't even close to the big time legally.
I thought this too. I've done investigations that ended up in the $8,000-$10,000 range, but those were pretty straightforward. It's easy to spend several times that.
Guest
Anonymous
April 10, 2018 7:48 pm
Make sure to hire Jackie Glass for your next arb.
Guest
Anonymous
April 10, 2018 7:54 pm
I would like to see our NSC turn into Hot Bench.
Guest
Anonymous
April 10, 2018 8:07 pm
Our Supreme Court disciplines a tooth pick. No wonder nobody made comments at the audit race.
The Supreme Court holds grudges in Discipline cases? Nahhhhhhh. We will look back on this era of discipline cases (2014-probably 2020) as unciteable because the precedents that will be set will be viewed as so out of whack that we will shake our heads.
Looking at my retirement, I'd claim financial injury enough under RPC 1.6(b)(3).
(3) To prevent, mitigate, or rectify the consequences of a client’s criminal or fraudulent act in the commission of which the lawyer’s services have been or are being used, but the lawyer shall, where practicable, first make reasonable effort to persuade the client to take corrective action;
Ken White (Popehat) weighed in on what it took to get that warrant, and why this isn't a fishing expedition by a rogue AUSA: Feds Raid Office of Trump Lawyer Who Paid Off Stormy Daniels. This Is a Big Deal
I generally respect White but he got this wrong. Yes the USAM states protocol and procedure that the AUSA is supposed to follow. However as a white collar person, at least our local office, those guidelines for raids on law firms are not followed. An AUSA got a referral from the Mueller team and went with it.
The stern eye of the Magistrate is laughable. Our Magistrates in this jurisdiction would issue a warrant based upon the ham sandwich. If an Agent/AUSA swears out an Affidavit, you get your warrant. I think Trump's concepts of due process are directly out of the Dark Ages but on this one, he has a point. Attorney-client privilege is dead when left in the hands of people who have never been an attorney with a client. No amount of "Taint Team" ever unrings those bells.
Pretty sure Ken White knows what he's talking about since he was an Assistant AUSA for a long while. I wouldn't consider Las Vegas and New York to be a fair comparison in terms of protocols used.
11:31– that is a fair comment. What is setting forth what is SUPPOSED to happen. Just want it recognized (as someone who worked in a USAO) that just because it is in the USAM does not necessarily mean that those protocols are actually followed (especially locally).
I have no experience with the AUSA or FBI, but I have trouble believing that they would take a single liberty or miss a single procedural requirement in this case, knowing that the President and a significant percentage of the country will be attacking them.
Did you think that they would take a single liberty or miss a single procedural requirement in going after the Bundys, knowing that a significant percentage of the country will be attacking them and knowing that AUSA in Oregon had already blown it once?
The world is moving fast. They are not about to let the chance to have fingerprints on this mega-case escape them.
3:04 PM–Says "no experience with AUSA or FBI but…trouble believing they would take a single liberty or miss a single procedural requirement…." Are you kidding me? Did you follow the Bundy case?? Hear what happened there?? The FBI and US Attorney over reach all the time. The federal rules of discovery or lack thereof allow them to conceal at lot of stuff. They will pull every trick in the book. Look at General Flynn–he got indicted and is facing felonies because he did not realize what he was dealing with. This whole thing stinks to high heaven.
The problem is that in Federal Court, there are (1) the rules and then there is (2) the game. AUSAs and judges acknowledge that there are rules but largely everyone who is an insider understands that AUSA play the game and that the rules really are irrelevant. That is the case with the USAM.
I heard Ken White on NPR this morning discussing the rules regarding getting approval after strict scrutiny from DOJ-Washington before getting a search warrant on a law firm. Looks great on the written page. Not how it really happens in practice. Yes AUSAs bend/flog/break/ignore the rules all of time, because they are allowed to and because they get away with it. It is not only tolerated but somewhere between expected and required to be successful because everyone is doing it. You want to be pious about rights and procedure? Go be an FPD. You want to win? Be an AUSA.
9:10 Truth
2 months since 160 dogs neglected and left in a u-haul, but no action by our honorable DA, Steve Wolfson. WTF?
Link?
Ktnv website. Was on the news last night.
Wolfson is a 42k carat, I mean 42k campaign fund losing DA candidate. He has my support. Eglet favorite.
Quite ironic to get an email from the State Bar today. "With a complete line-up of high-profile speakers, a focus on the Rule of Law, an opportunity to get a year’s worth of CLE credits, and the year’s best opportunity to mix and mingle with Nevada’s legal community, the Drake hotel is just one more reason the 2018 Annual Meeting is not to be missed."
First "focus on the Rule of Law" and conducting a seminar on Reptile Theory are antithetical.
Second if by "mix and mingle with Nevada’s legal community" you mean the Supreme Court and Judges who want to take a free vacation, sure they will be there. If you mean 96.5% of the practitioners for whom the Annual Meeting is supposed to be serving but does not, no thanks since they all will be here in the State of Nevada.
And the judge's who attend it do not apply the rule of law. FFS, f2f.
Will Drake the rapper be performing?
Tim Kelley is doing the play list.
Who says Reptile and the Rule of Law are antithetical?
http://www.octla.org/m/event_details.asp?id=811460
Ball and Keenan say otherwise…
Ignore that blue thing above you and listen to me, the sky is red.
Hey, Wolfson, I am a young mother who was assaulted in a parking lot at night with the assailant's car coming toward me, but nothing done. Police were not even dispatched. No support here from me or my family.
That is awful. Wolfson sucks. Please lose.
Henderson paid $11k for an outside firm for an investigation? Must have been a very short investigation with no real results.
I was also wondering why paying Littler $11k is even news. That won't pay the monthly salary for an associate. Who the F cares? It's these types of "stories" that remind me that Las Vegas isn't even close to the big time legally.
Investigation into?
I thought this too. I've done investigations that ended up in the $8,000-$10,000 range, but those were pretty straightforward. It's easy to spend several times that.
Make sure to hire Jackie Glass for your next arb.
I would like to see our NSC turn into Hot Bench.
Our Supreme Court disciplines a tooth pick. No wonder nobody made comments at the audit race.
The Supreme Court holds grudges in Discipline cases? Nahhhhhhh. We will look back on this era of discipline cases (2014-probably 2020) as unciteable because the precedents that will be set will be viewed as so out of whack that we will shake our heads.
You guys do discipline a toothpick.