Preparing For Phase 2

  • Law

  • Justice James Hardesty withdrew his bid to become NSHE Chancellor. [TNI]
  • Commentary: Nevada judicial candidates have a code to follow. [RJ]
  • A North Las Vegas church filed a suit to reopen churches. [RJ]
  • Here’s an opinion piece from Justice Kristina Pickering: Judges don’t make the law, they apply it. [RGJ]
  • Governor Sisolak has a press conference today to discuss Phase 2 and reopening gaming starting June 4. [News3LV]
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Anonymous
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Anonymous
May 26, 2020 5:56 pm

Off topic question. I have a litigation background and I am investigating an opportunity to pivot/focus to plaintiff PI. Are there any practice manuals out there that would be helpful for new practitioners in the field?

Anonymous
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Anonymous
May 26, 2020 6:05 pm
Reply to  Anonymous

Check out Ronald H. Clark's Cross-Examination Handbook: Persuasion, Strategies, and Techniques and Rick Friedman's Rules of the Road.

Anonymous
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Anonymous
May 26, 2020 6:31 pm
Reply to  Anonymous

10:56 here- Thank you!

Anonymous
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Anonymous
May 26, 2020 6:05 pm

I read that commentary or letter to the editor.

It seems to be written by someone who is shilling for two of the candidates(the two who happen to have filed the complaints), but the writer then climbs up on his soap box and assumes a positon of noble protector of all that is ethical, etc.

His puzzling(or should is say "baffling conclusion" considering he has practiced for 26 years), is that the electorate should reward the two candidates who made the complaints and vote for them, and punish and vote against the two candidates who are the subject oft he complaints.

And his entire basis for this conclusion is just that one simple fact–these two candidates have complained about their opponents, so these complaining candidates should be rewarded and elected.

At this point, it goes much further than the two candidates have not been found culpable of any judicial election ethical infractions. There has not even been a determination that any hearing will even be set, or that the matter will generate any opinion or sanction.

In fact, if this attorney were to argue something like "Yeah, but al least it has been approved for investigation," that is misleading at best as all such complaints must be initially reviewed to determine if any further action
is appropriate.

This logic would be akin to saying a lawyer should be found civilly liable for malpractice merely because some past client, on a pro per basis, filed a complaint against him, or that someone should be assumed guilty of a crime on account that an enemy of them filed a police report(even if such matter is never approved for prosecution by the police or the D.A.).

Obviously, burdens of proof are different for those three matters–judicial ethical complaint; civil suit; and criminal case.

But none of that nuance would matter to our esteemed attorney who seems to be utterly oblivious to all due process concerns, regardless of what type of matter is at issue.

Apparently, according to our attorney of 26 years illustrious experience, something must be true simply because someone said it is true(regardless of such person's personal connection to such matter, and what they stand to gain by it).

So, we should vote against these two candidates simply because their opponents claim they have taken some actions of questionable ethics?
Really!?

Anonymous
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Anonymous
May 26, 2020 9:59 pm
Reply to  Anonymous

It was a Letter to the Editor that made some good points but failed on one crucial aspect. The point Boyack seemed to want to make and take issue with the RJ is: following the rules matters. Where he slipped was when he said that voters need to decide between those accused and those not accused. What he should have said is that voters need to decide between those who break the rules and those who do not break the rules.

Anonymous
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Anonymous
May 26, 2020 10:34 pm
Reply to  Anonymous

Agree with 2:59. But the way it wound up being phrased(vote for those who made the complaints)seems to imbue the mere filing of the complaints with automatic viability, and, I think, largely justifies the reactions of 11:05.

Anonymous
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Anonymous
May 26, 2020 6:23 pm

Hardesty is pissed off by his own court, Nevada Supreme Court. We agree with you, Hardesty, your court does suck. Vote Kris Pickering out, an attorney from Elko.

Anonymous
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Anonymous
May 26, 2020 6:43 pm

11:05 here again. I had to re-read that commentary as I remained really concerned, and wanted to make sure I did not misinterpret something. And this concern was heightened as I am aware of the very positive reputation that such attorney seems to enjoy(at least from what I have heard).

After re-reading it, it confirms to me that he does seem to be urging support for the two candidates who filed the complaints, although I cannot be certain of that, or that he in fact even knows them.

But what is far more important than anything else, IMO, is that after he offers this discussion concerning judicial ethics, the conclusion he appears to take. And it remains concerning to me.

Upon a re-read, in fairness I need to point out that he did not directly say that we should vote for the two complaining candidates, rather than the two candidates who are the subject of the complaints.

But, in my view, it amounts to essentially the same conclusion. The way he frames the inquiry is that the public, in the absence of anything else, will decide whether to vote for the two who made the complaints, or the two who were the subject of the complaints.

The way it is phrased is in terms of a very clear rhetorical inquiry which strongly suggests the answer: all a voter may wind up knowing for certain, by election day, is that the complaints were filed, and thus to decide whether to vote for the complaining attorneys or whether to vote for the two attorneys who are the subject of the complaint.

And when the writer waters it down to that being all we may know by election day(which is presumably correct as these ethical complaints take a relatively long time to resolve), when we consider that within the context and tone of everything he writes up to that point, he seems to place a strong negative inference against those who are the subject of the complaint.

Do I need to read it a third or fourth time? Have I totally missed the point of what he wrote? If not, I remain concerned about the conclusion. An orangutan can be trained to file a report or complaint. Much, much more is needed before I assume any conclusions based on such complaint.

And let us not forget the elephant in the room. The complaints are generated by candidates whose self-interests are directly on point. They apparently assume they are being politically harmed by these actions taken by their opponents–unless I am to assume they are taking these actions solely or primarily for the public good(which, personally, I am too cynical to assume).

Anonymous
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Anonymous
May 26, 2020 6:43 pm

I was let go from my firm shortly after the pandemic. I've been doing my own thing since, replying to all online referal services, hitting craigslist, social media, etc. Its been a lot of work and long grunt hours, but I've been able to survive and sustsain my family so far.

I have a new personal injury client but I've never done any personal injury so far, so im looking for some advice in evaluating the latest offer by the insurance company.

Client was in car accident, other driver (local doctor in large practice) was at fault. Client was taken to ER as precaution, but released shortly after with some pain prescriptions. She reated at a chiropractor, visited orthopedic doctor, and did some phsyical therapy rehab. All of her treatments and pain was soft tissue. She's done treating now and has $24k in medical bills (most of which were ambulance and ER visit), plus some missed work. I didnt get involved until after she was done treating.

My negotiations with insurance adjuster have stalled. Their latest offer is medical bills, lost wages, plus $10k, so a total of around 40k. Theyre not offering anything for future medicals or lost wages.

Client used health insurance for medical visits. So health insurance has lien of around $5k on any settlement. Shes already paid all copays, etc. out of her own pocket.

Their settlemt offer to me is already a lot higher than they were offering her before I got involves, so client is ok with settling it now or filing lawsuit. Client is also aware that I am not a personal injury attorney and retainer agreement clearly sets that out. She's an acquintance and is helping me out due to my current situation.

I'd definately like a quick and easy fee by settling it now given my current circumstances, but dont want to do that if filing a lawsuit and litigating it a bit would result in a significantly higher settlement.

Just wondering if its worth the time to file a lawsuit and litigate it, or settle now. I dont see the insurance adjustor offering any more money pre litigation as it stands right now. What are the chances defense counsel would talk adjustor into offering more once a lawsuit is filed, or entertain a higher offer of judgment out of the gates? Or is there something else I should do pre litigation now that I'm involved to get a higher settlement offer (treat more, see if orthopedic dr can recommend future medical treatment, etc.)?

Again, I'm very ignorant about PI and valuing this type of settlemt offer, so any anonymous help/advice anyone can provide would be extremely helpful. Thanks!

anonymous
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anonymous
May 26, 2020 7:02 pm
Reply to  Anonymous

I did defense for years and plaintiff for the last several years. Without knowing more, this is not a bad pre-lit offer. Yes, you could litigate it, but the upside probably would not be worth it. If an arbitrator gave you much more than the current offer, then you'd be looking at a de novo and all of the extra time and expense that goes along with it, again for minimal upside. My back of the envelope calculation based on the numbers you outlined would be that you could probably put around 17k in her pocket, which isn't bad. If you take a full fee, then you're looking at about $11k in pocket for you. Could you do slightly better? Maybe. But you'd basically be working for minimum wage going forward.

Anonymous
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Anonymous
May 26, 2020 7:14 pm
Reply to  Anonymous

Sorry to hear about your layoff. I mean this respectfully, but I hope you aren't one of the many attorneys deciding to dabble in PI with the mistaken belief that it's quick money, or an easy area of practice. I see some scary things from those types…..attorneys not understanding various sources of insurance, common coverage issues, knowing what is or isn't typically admissible at trial, lien handling, etc.

Anonymous
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Anonymous
May 26, 2020 7:27 pm
Reply to  Anonymous

12:02 – Thank you. That's kinda what I was thinking too.

12:14 – im just trying to make money and survive, till something more stable comes along. Not looking to make the jump to PI long term. Liability, coverage, etc. not at issue here, just looking for help in valuation of settlement.

Anonymous
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Anonymous
May 26, 2020 8:03 pm
Reply to  Anonymous

11:43, just remember, a good settlement is one your client authorizes and has the necessary information to make an informed decision whether to accept. For this one, $40k is not the worst. Be sure to counsel the client that going into litigation carries significant costs, so even if you are able to increase the offer $10k or so, you may incur costs (experts, depos) which actually leave the client worse off than taking the $40k offer now. I don’t know all the facts but some considerations your client should be aware of.

Anonymous
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Anonymous
May 26, 2020 8:05 pm
Reply to  Anonymous

Acquaintances are dangerous clients. Suggestion, CYA. Get the client to affirm that there are no residual or futures.
Check the DC's records for a statement from the chiro that patient has fully resolved. You don't want to re-live this case 6 1/2 years from now when the "acquaintance" claims residual back pain and that you should have known but you settled to soon.

Anonymous
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Anonymous
May 26, 2020 8:19 pm
Reply to  Anonymous

1:03 is absolutely correct and so is 1:05. Take the money, the client believes its good and it's very good considering the litigation alternative. You might be able to tell the carrier $45K is your best and final or you're filing suit to squeeze more – but that may lock it down. If they're offering $40, the'll pay more – but take whatever and you did a good job. I disagree with the "warning" given to you by 12:14. Lawyers are lawyers and other than trying to switch to tax law, IP or maybe estate planning…litigation is litigation, you can figure it out. The traps with PI are often the things not thought of such as medical liens, but you'll be fine. Make money where you can. I'm sorry you were laid off, sucks. And frankly – some of the happiest and wealthiest attorneys I know in Las Vegas are PI lawyers. Do whatever you want, whatever you can and don't let anyone "warn" you away.

Anonymous
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Anonymous
May 26, 2020 6:53 pm

I believe candidates believe that it will make their opponents look bad and unethical if they file ethical complaints against them.

But, as a practical matter such is seldom the case. After the one or two articles appear indicting the complaints have been filed, it all disappears and is of no import. The only thing of real potential import is if the person is in fact sanctioned for unethical behavior, as that would tend to generate a lot more news coverage.

Another action that political candidates assume helps them, but does not, is when they file a lawsuit against their opponent during the election cycle.

They assume it will help them in the eyes of the public and media. But it seldom does. And it often backfires as they assumed they can quietly agree to dismiss it after the election occurs. But that is often untrue, and the opposing party is often successful in an attorney fees request based on it being a frivolous lawsuit with no good faith merit.

Anonymous
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Anonymous
May 26, 2020 7:19 pm

Bummed about Hardesty. Responsibilities as Chancellor could have diminished his influence on the Court. January 2023 will come eventually, I guess.

Anonymous
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Anonymous
May 26, 2020 8:14 pm
Reply to  Anonymous

Hope you are right. I don't practice in appeals, but my colleagues do not speak highly of the Nevada Supreme Court or the Court of Appeals, so goes my votes.

Anonymous
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Anonymous
May 26, 2020 9:52 pm
Reply to  Anonymous

1:14 — You could do a little independent research instead of having your mind made up by people with a bone to pick. I think that's called being a good lawyer . . .

Anonymous
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Anonymous
May 26, 2020 10:18 pm
Reply to  Anonymous

I do, and I did, thanks 2:52. It is nice of you to
assume I don't.

Anonymous
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Anonymous
May 26, 2020 10:26 pm
Reply to  Anonymous

good lord @2:52 you need a nap, you seem cranky

Anonymous
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Anonymous
May 26, 2020 11:09 pm
Reply to  Anonymous

I am curious 2:52: for someone who does not practice before the NSC, what kind of "independent research" would you suggest is superior than talking to lawyers you know who do?

Anonymous
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Anonymous
May 26, 2020 11:29 pm
Reply to  Anonymous

Talking to their campaign manager, jk

Anonymous
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Anonymous
May 26, 2020 11:57 pm
Reply to  Anonymous

4:09 here. That seems like what's left if you knock out "talking to people who would know." I do a little appellate practice but not enough in front of the NSC to have strong opinions. I work with several experienced appellate attorneys, however, and I think their opinions are as good as any.

Anonymous
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Anonymous
May 26, 2020 9:56 pm

Flood at the RJC today. All of the attorneys wearing masks going in and out. Marshals all wearing masks. All of the Real Property Division workers working on the water damage– counted 1 mask between 17 workers on various floors. The rules do not apply to everyone I guess.

Anonymous
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Anonymous
May 26, 2020 11:34 pm

Today's press conference has been postponed due to Sisolak possibly being exposed.

Anonymous
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Anonymous
May 27, 2020 3:58 pm
Reply to  Anonymous

I hope this is a topic for today – Wednesday. That was some crazy crap to cancel that press conference. I want to hear all the back and forth. Some will say it was warranted, many of us say it was odd.

Anonymous
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Anonymous
May 26, 2020 11:42 pm

Andrew Crander reelected as BOG, awesome!

Anonymous
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Anonymous
May 26, 2020 11:47 pm
Reply to  Anonymous

…or not.

Anonymous
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Anonymous
May 26, 2020 11:54 pm
Reply to  Anonymous

I am facbook friends with him,And4ew, he won and Scott Lachman lost. Good that Lachman lost. Happy Andrew won!