Slot machine request at topless lounge concerns gaming leaders. [TNI]
DMV switching to appointment-only business model. [RJ]
Former-Raider Marshawn Lynch arrested for alleged DUI. [RJ]
A great-grandmother is dead after being mauled by the family pitbull. [News3LV]
Facebook messenger data used to prosecute Nebraska mother, daughter after alleged abortion. [Nevada Current]
With that (old) news that private messages may not be so private, what do you use to communicate with clients? Are you using “encrypted” emails and thinking all is good? Do you use WhatsApp? Signal? Some other messenger platform? Only the phone? Or do you meet in person and speak in code? How do you keep your attorney-client privileged conversations private?
Can someone explain to me why an adult-entertainment venue is considered an especially dangerous place to put slot machines? I was waiting for some explanation in the article but I didn't see any basis for the objection, other than the Strip hotels don't want competition.
I think it might be an OSHA concern. Unprotected body parts in the workplace near electronic devices. This concern will require periodic inspections by OSHA employees.
@3:38 – 2:48 is a lazy troll but I do like that they call them "fruit machines" in the UK. The whole "slot" thing is antiquated anyway – when we the last time you put a coin in a slot? Nowadays I put in a $20 bill and it lasts me about a minute…
I like the coin slots it is like Costco offering mustard for hot dogs
Guest
Anonymous
August 10, 2022 5:42 pm
Unless the attorney and client use their own email server at their house, office, or a co-location facility – any emails sent to them can be at risk unless you use an encrypted email service with servers hosted in Switzerland. But that's not really the issue – we have laws protecting the attorney-client privileged communications with clients even if they are hosted by Microsoft or Google. Those are "supposed" to protect the use of those communications against the client unless of course the attorney is directing the client to commit crimes or participating in the crime him/herself. Encrypting them doesn't keep them private – if you're hacked, communications to/from your email client are exposed; if your client is hacked – same thing.
Some common sense, and not so common sense, protections I use in my office are: (1) for your computer password, use a strong password based on something on your desk or wall or a keyboard pattern [such as adding shift-7890 &*() to your passwords for example], and try avoid using words associated with things publicly known about you like spouse name, kids name, dog name, etc; (2) if using Windows hit ALT-L, or for Mac use control-command-Q, before you get up from your computer to go anywhere to lock your computer requiring a password to login to use it; (3) if you have clients or opposing counsel come into your office, you should have a polarized privacy screen/filter for your monitor(s) so the client/attorney can't sneak a peak at what's on your screen; (4) if you use Gmail or any web-based email service that allows it, use a 2FA app on your phone like Google Authenticator or Microsoft Authenticator – it keeps anyone from being able to even use your desktop computer without having your smart-phone; and (5) if you ever work at someone else's office using your laptop, or work in a shared office arrangement or somewhere that you don't physically control every single physical connection and wire from your computer or smart phone up to the router in your office, use a VPN service such as PureVPN [the one I use on my laptop, tablet, and phone when on public WiFi] before opening your email application or any other application on your computer.
You should probably consult with Hillary about the use of private email servers.
Guest
Anonymous
August 10, 2022 5:56 pm
Yesterday's commentary and discussion of the smoke shop robbery was remarkably civil and on-point. Kudos, bloggers.
To the blogmasters here, maybe let's follow that story through. What became of the robber who jumped over the counter? What will happen to the shop owner? Was the robber who stole the tip jar and ran away ever apprehended? If so, what's being done about him?
@10:56 – Given that I think all three of the suspects were minors, it may be difficult to follow that case in much detail. We may get an announcement from the DA's office about whether they intend to prosecute the shop owner or not. But that's probably as far as it goes.
Or whether they intend to prosecute the minors as adults, which I hope they do
Guest
Anonymous
August 10, 2022 7:59 pm
I've got all the various messenger apps so I can accommodate my clients. typically, i send encrypted emails from outlook. If the client wants to text, I'll do that too. Have had some clients that use whatsapp. Haven't had any that insisted on using signal yet, but it's just a matter of time.
So how do you preserve those communications (when not using outlook)? And how do you keep things straight when your communications are in a couple (or more) buckets like that?
Guest
Anonymous
August 10, 2022 8:06 pm
Probate Commissioner?
I have lost touch since the retirement of Wesley. Do we have a new Probate Commissioner? Why are all hearings getting set 90 days out?
Sean Tanko was hired to take over as Commissioner and then apparently backed out last minute just before he was to start in June. This caused the county to have to reopen the job listing, take applications, do interviews, etc. There probably won't be a commissioner in place until the New Year.
And probate hearings aren't 90 days out any more. They are 120 days out now. I just had a hearing set for December 16. There are a lot of reasons for this including the hard cap on number of cases they calendar each week, probate attorneys who don't use independent administration and continue to clog the calendar with matters that don't require a hearing under IA, and above all because we really need 2 probate commissioners but the county won't allocate the budget needed to do it.
Why did Sean Tanko back out after he was selected. The Probate Commissioner is a good job. Was it because it is a drudge and really a two person position?
Judge Sturman, as the judge who oversees a majority of the probate cases, really should make some statements to the legal community about this and what remedies are in the works, but she has been unwilling to make any comments at all about it and has really abdicated her overall responsibility as the primary probate supervisory Judge. She at least owes everyone some kind of explanation to at least show she's not simply sitting on her hands.
Are they using Justice/Judge Becker as a Senior Judge to also fill in and act as the Probate Commissioner? This has to be expensive. Senior Judges get a decent daily rate. Many Senior Judges nicely supplement their income in addition to generous pensions with time in PERS.
Sean Tanko did not back out at the last minute. The county HR director felt (IMO unfairly) that Sean wasn't winding down his practice fast enough and abruptly rescinded the offer. This was incredibly stupid because Sean was very close to finishing winding things down and had been diligent in doing so. The folks at the county are not lawyers and have no concept of what is involved in winding down a practice. So instead of waiting a few extra weeks, now we wait another six months. The way this was mishandled by the county is going to spook any qualified candidates from applying. We are going to end up with a Probate Commissioner that has no experience in estate and trust matters. I fear this person will be someone who just really, really, really wants to be a judicial officer to validate themselves and their career. For routine matters, that probably doesn't matter. That stuff can be learned quickly. However, for the complex litigated matters it could get quite ugly.
How can a single person at the County simply rescind an offer after the process to select the person and it has been accepted? If that is the case Tanko might be double screwed. If have wound down the practice and transferred cases, etc it may be hard to get those clients back.
Rescinding an offer typical. I was offered a position with a government agency. No private practice permitted. I had over 50 files. After three weeks of closing files I gave up and declined offer. I was so exhausted and frustrated. So only unemployed lawyers and lawyers in other government agencies can accept a new government job it seems.
Right. The PC isn't an indentured servant, doomed to keep running those auctions until his debt is paid off. The question wasn't really "What does it take to fire a PC" as much as it was "It take an entire committee 3 months and numerous hearing, interview, solicitations, etc. to select a PC but only one slack-jawed yokel to reset the process?"
I work in government. Most of the lawyers in my section came directly from private practice (including former partners). I can see why it would be complicated if you were a solo, but not sure how it's fair to your private clients or the government if you're continuing your prior practice while working fulltime in government service.
I guess the question is – was Tanko winding up his practice or continuing to practice and trying to take the bench? Clearly you can’t do the latter, but simply sending clients a letter saying you quit isn’t practical, especially in the probate world. If you prepared their trust or will, then you want to transfer that to someone else and have a system in place for the situation of the client coming back years later with questions or whatever. Granted you have ceased being their attorney, but it is common practice to have that info available if they contact you later. This also leads to additional work for the law firm, but that is why all that would transferred to some firm.
You are correct with everything you said. Mr. Tanko would have been a great fit for this position. It is unfortunate that the County chose to unilaterally rescind his offer during the wind-up of his practice. He chose to transition clients properly, and it seems the County did not care too much about that.
My understanding is that Probate Judges (likely Sturman and Becker) are attempting to prevent fraud on the court by revamping probate code. There is a major investigation into certain law firms filing petitions for summary administrations of estates they have no interest in, without notifying the next of kin. These lawyers are then selling properties without court approval or accounting.
Many times, these lawyers are appointing realtors as administrators to make the properties look dilapidated to the banks, in order to gain the bank's approval to short sell the properties and wipe out the bank's interest. Administrator then quitclaims the decedent's property to an LLC, and flips the property for 2-3x the short-sale price. It appears our local Probate Courts are being analyzed at many levels of government.
Whoever ends up being the new Probate Commissioner, good luck and Godspeed.
Guest
Anonymous
August 10, 2022 11:28 pm
Text messages asking for availability for a call are about as far as I'll go with text. Otherwise, keep it in Outlook or phone calls/in person conversations.
Guest
Anonymous
August 11, 2022 4:06 am
I don't care what anyone says about pitbulls, I would never consider owning one. You never heard of golden retrievers mauling anyone.
You do hear of other breeds biting or even attacking people. The difference pit advocates always overlook is yes, 99% of pits are sweethearts. That's fine, I agree. But when a border collie attacks, people don't die. The potential for killing a person is always there with pits and you never know (especially around another person's pit) when one is going to snap on somebody.
In the 80s it was dobermans and rotties, now it's pitbulls. They're just big, powerful dogs. The dogs that actually bite the most people are chihuahuas. The difference is that if a chihuahua bites your face, you might have a tiny slice. If a pittie bites your face, you will have a big chunk missing. Any animal that has teeth can bite. Blaming a particular breed or claiming a particular breed always has that potential like it's hardwired into their DNA is uninformed. If you just don't want that kind of dog, so be it, but don't attribute a characteristic to the breed that just isn't supported by science.
The nomenclature "pit bull" is a misnomer such that it is now the tail wagging the dog whereby dogs that attack are labeled pit bulls rather than any specific breed being "pit bulls" that have then been found to attack. BSL has largely turned out to be a very unfunny joke.
No one needs to own a pitbull, except maybe the police and military. Ban them.
Guest
Anonymous
August 11, 2022 4:18 am
9:06 I love dogs and know there are lots of perfectly lovely pit bulls. Its not the dogs’ fault, but it’s all fun and games until one of them eats the baby or grandma. People may scream about, and laws may be passed prohibiting “breed discrimination” but I completely agree with you.
Can someone explain to me why an adult-entertainment venue is considered an especially dangerous place to put slot machines? I was waiting for some explanation in the article but I didn't see any basis for the objection, other than the Strip hotels don't want competition.
no pockets to hold the coins?
I was at a bar in Tijuana and the girl did not need a pocket to pick up or hold her coins
WAT
11:29 help me out here, by "did not need a pocket" I mean she could squat over a coin and use her vagina to pick it up
I think it might be an OSHA concern. Unprotected body parts in the workplace near electronic devices. This concern will require periodic inspections by OSHA employees.
I think OG had a few machines way back when. Or so I've been told. Naturally I have no personal knowledge.
"Slot" machine is misogynist patriarchy BS!
@ 2:48
Slot and machine. Wondering what other name would be appropriate to describe the place on the machine where a nickel is deposited for play.
This comment has been removed by the author.
@3:38 – 2:48 is a lazy troll but I do like that they call them "fruit machines" in the UK. The whole "slot" thing is antiquated anyway – when we the last time you put a coin in a slot? Nowadays I put in a $20 bill and it lasts me about a minute…
There are a few slot machines with drop coin in Elko and Mesquite.
El Cortez and the D both have coin-in, coin-out slot machines.
I like the coin slots it is like Costco offering mustard for hot dogs
Unless the attorney and client use their own email server at their house, office, or a co-location facility – any emails sent to them can be at risk unless you use an encrypted email service with servers hosted in Switzerland. But that's not really the issue – we have laws protecting the attorney-client privileged communications with clients even if they are hosted by Microsoft or Google. Those are "supposed" to protect the use of those communications against the client unless of course the attorney is directing the client to commit crimes or participating in the crime him/herself. Encrypting them doesn't keep them private – if you're hacked, communications to/from your email client are exposed; if your client is hacked – same thing.
Some common sense, and not so common sense, protections I use in my office are: (1) for your computer password, use a strong password based on something on your desk or wall or a keyboard pattern [such as adding shift-7890 &*() to your passwords for example], and try avoid using words associated with things publicly known about you like spouse name, kids name, dog name, etc; (2) if using Windows hit ALT-L, or for Mac use control-command-Q, before you get up from your computer to go anywhere to lock your computer requiring a password to login to use it; (3) if you have clients or opposing counsel come into your office, you should have a polarized privacy screen/filter for your monitor(s) so the client/attorney can't sneak a peak at what's on your screen; (4) if you use Gmail or any web-based email service that allows it, use a 2FA app on your phone like Google Authenticator or Microsoft Authenticator – it keeps anyone from being able to even use your desktop computer without having your smart-phone; and (5) if you ever work at someone else's office using your laptop, or work in a shared office arrangement or somewhere that you don't physically control every single physical connection and wire from your computer or smart phone up to the router in your office, use a VPN service such as PureVPN [the one I use on my laptop, tablet, and phone when on public WiFi] before opening your email application or any other application on your computer.
You should probably consult with Hillary about the use of private email servers.
Yesterday's commentary and discussion of the smoke shop robbery was remarkably civil and on-point. Kudos, bloggers.
To the blogmasters here, maybe let's follow that story through. What became of the robber who jumped over the counter? What will happen to the shop owner? Was the robber who stole the tip jar and ran away ever apprehended? If so, what's being done about him?
@10:56 – Given that I think all three of the suspects were minors, it may be difficult to follow that case in much detail. We may get an announcement from the DA's office about whether they intend to prosecute the shop owner or not. But that's probably as far as it goes.
Or whether they intend to prosecute the minors as adults, which I hope they do
I've got all the various messenger apps so I can accommodate my clients. typically, i send encrypted emails from outlook. If the client wants to text, I'll do that too. Have had some clients that use whatsapp. Haven't had any that insisted on using signal yet, but it's just a matter of time.
So how do you preserve those communications (when not using outlook)? And how do you keep things straight when your communications are in a couple (or more) buckets like that?
Probate Commissioner?
I have lost touch since the retirement of Wesley. Do we have a new Probate Commissioner? Why are all hearings getting set 90 days out?
Sean Tanko was hired to take over as Commissioner and then apparently backed out last minute just before he was to start in June. This caused the county to have to reopen the job listing, take applications, do interviews, etc. There probably won't be a commissioner in place until the New Year.
And probate hearings aren't 90 days out any more. They are 120 days out now. I just had a hearing set for December 16. There are a lot of reasons for this including the hard cap on number of cases they calendar each week, probate attorneys who don't use independent administration and continue to clog the calendar with matters that don't require a hearing under IA, and above all because we really need 2 probate commissioners but the county won't allocate the budget needed to do it.
Why did Sean Tanko back out after he was selected. The Probate Commissioner is a good job. Was it because it is a drudge and really a two person position?
Judge Sturman, as the judge who oversees a majority of the probate cases, really should make some statements to the legal community about this and what remedies are in the works, but she has been unwilling to make any comments at all about it and has really abdicated her overall responsibility as the primary probate supervisory Judge. She at least owes everyone some kind of explanation to at least show she's not simply sitting on her hands.
Are they using Justice/Judge Becker as a Senior Judge to also fill in and act as the Probate Commissioner? This has to be expensive. Senior Judges get a decent daily rate. Many Senior Judges nicely supplement their income in addition to generous pensions with time in PERS.
Sean Tanko did not back out at the last minute. The county HR director felt (IMO unfairly) that Sean wasn't winding down his practice fast enough and abruptly rescinded the offer. This was incredibly stupid because Sean was very close to finishing winding things down and had been diligent in doing so. The folks at the county are not lawyers and have no concept of what is involved in winding down a practice. So instead of waiting a few extra weeks, now we wait another six months. The way this was mishandled by the county is going to spook any qualified candidates from applying. We are going to end up with a Probate Commissioner that has no experience in estate and trust matters. I fear this person will be someone who just really, really, really wants to be a judicial officer to validate themselves and their career. For routine matters, that probably doesn't matter. That stuff can be learned quickly. However, for the complex litigated matters it could get quite ugly.
How can a single person at the County simply rescind an offer after the process to select the person and it has been accepted? If that is the case Tanko might be double screwed. If have wound down the practice and transferred cases, etc it may be hard to get those clients back.
Rescinding an offer typical. I was offered a position with a government agency. No private practice permitted. I had over 50 files. After three weeks of closing files I gave up and declined offer. I was so exhausted and frustrated. So only unemployed lawyers and lawyers in other government agencies can accept a new government job it seems.
Huh? Only unemployed lawyers can accept a gov job because you gave up winding down your practice? Huh?
"How can a single person at the County simply rescind an offer after the process to select the person and it has been accepted? "
Probate Commissioner is an at-will position.
9:30,
Right. The PC isn't an indentured servant, doomed to keep running those auctions until his debt is paid off. The question wasn't really "What does it take to fire a PC" as much as it was "It take an entire committee 3 months and numerous hearing, interview, solicitations, etc. to select a PC but only one slack-jawed yokel to reset the process?"
Independent Administration is my jam, especially if there's real estate involved.
I work in government. Most of the lawyers in my section came directly from private practice (including former partners). I can see why it would be complicated if you were a solo, but not sure how it's fair to your private clients or the government if you're continuing your prior practice while working fulltime in government service.
I guess the question is – was Tanko winding up his practice or continuing to practice and trying to take the bench? Clearly you can’t do the latter, but simply sending clients a letter saying you quit isn’t practical, especially in the probate world. If you prepared their trust or will, then you want to transfer that to someone else and have a system in place for the situation of the client coming back years later with questions or whatever. Granted you have ceased being their attorney, but it is common practice to have that info available if they contact you later. This also leads to additional work for the law firm, but that is why all that would transferred to some firm.
7:30AM,
You are correct with everything you said. Mr. Tanko would have been a great fit for this position. It is unfortunate that the County chose to unilaterally rescind his offer during the wind-up of his practice. He chose to transition clients properly, and it seems the County did not care too much about that.
My understanding is that Probate Judges (likely Sturman and Becker) are attempting to prevent fraud on the court by revamping probate code. There is a major investigation into certain law firms filing petitions for summary administrations of estates they have no interest in, without notifying the next of kin. These lawyers are then selling properties without court approval or accounting.
Many times, these lawyers are appointing realtors as administrators to make the properties look dilapidated to the banks, in order to gain the bank's approval to short sell the properties and wipe out the bank's interest. Administrator then quitclaims the decedent's property to an LLC, and flips the property for 2-3x the short-sale price. It appears our local Probate Courts are being analyzed at many levels of government.
Whoever ends up being the new Probate Commissioner, good luck and Godspeed.
Text messages asking for availability for a call are about as far as I'll go with text. Otherwise, keep it in Outlook or phone calls/in person conversations.
I don't care what anyone says about pitbulls, I would never consider owning one. You never heard of golden retrievers mauling anyone.
You do hear of other breeds biting or even attacking people. The difference pit advocates always overlook is yes, 99% of pits are sweethearts. That's fine, I agree. But when a border collie attacks, people don't die. The potential for killing a person is always there with pits and you never know (especially around another person's pit) when one is going to snap on somebody.
In the 80s it was dobermans and rotties, now it's pitbulls. They're just big, powerful dogs. The dogs that actually bite the most people are chihuahuas. The difference is that if a chihuahua bites your face, you might have a tiny slice. If a pittie bites your face, you will have a big chunk missing. Any animal that has teeth can bite. Blaming a particular breed or claiming a particular breed always has that potential like it's hardwired into their DNA is uninformed. If you just don't want that kind of dog, so be it, but don't attribute a characteristic to the breed that just isn't supported by science.
11:48, please educate yourself, you are simply incorrect, start with Google and work your way through the references at the bottom
The nomenclature "pit bull" is a misnomer such that it is now the tail wagging the dog whereby dogs that attack are labeled pit bulls rather than any specific breed being "pit bulls" that have then been found to attack. BSL has largely turned out to be a very unfunny joke.
No one needs to own a pitbull, except maybe the police and military. Ban them.
9:06 I love dogs and know there are lots of perfectly lovely pit bulls. Its not the dogs’ fault, but it’s all fun and games until one of them eats the baby or grandma. People may scream about, and laws may be passed prohibiting “breed discrimination” but I completely agree with you.
Signal for now.