- Quickdraw McLaw
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- Here’s a must read article detailing how neither Bar Counsel, nor the Commission on Judicial Discipline, are sure about who has jurisdiction over disciplining judges for their acts as prosecutors. [Nevada Current]
- Here’s the latest on how cannabis licenses were awarded in Nevada. [Las Vegas Sun]
- One on one with Malcolm LaVergne. [LasVegasNow]
Murphy: "Is that the right thing to do because they are; they still lost someone due to murder?"
LaVergne: "But what's that got to do with my client?"
Murphy: "You want to attack a murder victim's family?"
LaVergne: "25 years later…"
Murphy: "That still hurts."
LaVergne: "You want to use attack, let me make sure it's real clear because you are in media. They [the Goldmans] are what we call in the law public figures."
Unreal. This is probably the scummiest publicity stunt I've ever seen by a Vegas but maybe I'm wrong. Does anyone here remember any other PR gimmick grosser than LaVergne attacking the "Greedy Goldmans" on Twitter?
He also threatened to "take the pension" of one of OJ's prison guards who wrote a book about OJ in prison. My favorite was the new attorney who went on TV and claimed to represent OJ when he had nothing to do with the case.
Scumminess is exactly what he's trying to portray. This is the precise type of publicity you'd want if you were trying to attract the type of clients LaVergne is trying to attract.
We live and practice law in Las Vegas, Nevada. There is no premium here for being polite, refined, or respectable. Dignity and humility are not desirable traits here. Bells, whistles, firecrackers, and sirens are what the people want. Those who understand that (e.g. the Heavy Hitter) do quite well here. LaVergne knows his market.
I'd posit that LaVergne's publicity stunt is no "grosser" or more egregious than every lawyer billboard that's ever been posted. It seems worse because she lost her brother; but it's no more offensive. They're both in poor taste, just in different ways.
"What's that got to do with my client?" I don't know- maybe the $33 Million wrongful death judgment against your client. Just a hunch. Look LaVergne is not looking for respect; he is looking for publicity. Simpson is not looking for respect; just for publicity.
This guy is another in a long line of people who have made money off of OJ. All those talking heads got started on the LA trial. Then Jackie Glass got a failed TV show out of being the OJ Judge.
Nothing like making money off of a double homocide. I don't care if you are the Juice, Jackie Glass, or Chris Darden. Fuck you. More fuck you to the Juice though.
Yesterday, a potential client sat in my office in hysterical tears because of the damage caused by the negligence of an independent paralegal engaging in the unauthorized practice of law. These feralegals are out there doing real damage to innocent people. I understand the Bar can't do anything because feralegals aren't members of the Bar. I can also appreciate that the D.A. has limited resources. But once in a while, couldn't they bring the hammer down on some of the more flagrant and egregious feralegals out there?
They could. Feralegals and Notarios get talked up about once every 7 years and then we do nothing about it.
Are you talking about this guy? https://www.prosepros.net/what-we-do
Pro Se PROS offers professionally prepared pleadings that will get NOTICED.
We prepare. You approve. We then file, serve, and complete the process.
We specialize in:
. Contested and Uncontested Divorces
. Complaints for Divorce / Custody
. Answers and Counterclaims for Divorce / Custody
. Motions for Custody, Child Support, Alimony, Exclusive Possession
. Oppositions and Counter-motions
. Replies to Oppositions
. Exhibit Appendixes
. Pre-Trial Memorandums, Witness Lists, and Exhibit Books
. Motions to Modify Child Support
. Motions for Child Support Arrears, Penalties, and Interest
. Motions for Contempt (Orders to Show Cause)
. Motions for Relocation Outside of Nevada
. Stipulated Parenting Plans
. Fast Track Child Custody Appeals
. Legal Separations
. Name Changes
. Sealing of Cases
Let’s face it, most people represent themselves in Family Court because they can’t afford an attorney, which makes sense because the average family law attorney charges between $300 and $600 per hour. The only other option for “Pro Se” litigants is the Family Court Self-Help Center, which is a great resource, but sometimes leaves litigants with more questions than answers.
At Pro Se Pros, our prices are based solely on the services you need, disclosed up front, and presented in writing before services begin. No retainers. No “billable hours.” No nonsense. And, our quotes are absolutely free.
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Mark DiCiero
Founder, Pro Se Pros LLC
10710 W. Tropicana Ave. #156-411
Las Vegas, NV 89147
702.743.3338
http://www.ProSePros.net
mark@ProSePros.net
Nevada Business License: NV20171602696
Secretary of State Registration: NVDP20179181211
Disclaimer: We are not attorneys authorized to practice in Nevada and we are prohibited from providing legal advice or legal representation to any person.
Stop hiring paralegals. They do not even have to have a high school education. People know this going on. I am sorry when people get ripped off, but this is insane.
Wait, when did Mark & Mercedes become Mark & UPL?
I believe the radio DJ Mark Diciero has a show on Sunny 106.5 during the weekends. I would be surprised if he has the time to run a UPL firm.
How can this business be permitted to operate? If I just decided to start a liquor store in my garage it would be shut down in ten minutes. Why is this tolerated?
If the show is only voice-tracked (almost all are) and it's only on the weekends, it would be a very minimal commitment of time (probably less than an hour per week). I have no idea if they are the same person, however.
So, can the administrator please take down the shameless self-serving advertisement? NOT what this blog is for. Oh, and a note to Mr. 9:40 a.m.–just because you have put disclaimer at the end of your post doesn't mean that you aren't violating the rules.
DiCiero does solid work and writes under supervision of counsel. He's either attending Boyd at night or is about to.
@12:56 – That isn't an advertisement posted by 9:40 – its a copy and past from one of the paralegal companies we are discussing. I think that is exactly what this blog is for.
Same guy.
Prior to launching Pro Se PROS, Mark was a top-rated Las Vegas morning radio host. He was named "Best Radio Personality" by the Las Vegas Review-Journal (for thirteen consecutive years), Las Vegas Weekly, CityLife, and the Las Vegas Electronic Media Awards. Nationally, Mark was named "Local Air Personality of the Year" by Billboard and Airplay Monitor magazines in 2000.
What is the name of attorney who does supervision of his work and why is it not part of his disclaimer?
Alex Falconi of Our Nevada Judges is also a partner, it appears. Another bright guy who does strong appellate work.
So ahem, radio personality now owns an illegal paralegal service. Nice. Way to protect the public.
If he is a student at Boyd isn't the solution here for the Bar to deny him admission for practicing law without a license? As I recall, isn't that a question on the bar application?
I love the leap from licensed document prep company to illegal paralegal service. Are we sure about that? I'm just as bored after lunch as the rest of you all, but come on trolls. Try not to be so obvious with your attacks.
Just out of curiosity, shouldn't you keep these privileged discussions between a "potential" client and her lawyer as confidential? Doesn't this apply to the core meaning of litigation privilege?
Either way, just because use the term "potential" before the word client, it does not abolish you of your duty to protect the comments and remarks this client entrusted you with during your meeting with her yesterday.
In all fairness, since what you complain about and your comments give the mere appearance it involves an active crime being committed, I could proceed on application for a subpoena duces tecum for production of your ip address from this website to obtain your identity, in order to come after your intake files and notes to determine if this "potential" client is adversary to one of my clients.
This would all be due to the urge you felt to come on here under "anonymous" and complain about some nonsensical argument to justify your rate quoted to her, in turn voluntarily waiving your clients right to litigation privilege, because it made you feel more relevant?
How about you direct this negative energy to focus on a winning strategy for your client, or even look for a solution to this purported problem you allege will affect your performance and ability as a lawyer, instead of violating your own duties as a licensed lawyer of this state, subjecting yourself to a nasty lawsuit.
Let's come up with an alternative for a positive outcome and learn to work with everyone.
Any solid lawyer would never complain about some papers filed as those all can be easily addressed through a motion to strike, if there was in fact filings done that adversely affected her rights that she did not ask for. It may be wise for everyone to realize many clients peruse this blog and use the same complaints you lodge as a basis to work you for reduced rates or free work. They all know the sexy thing doesn't really work anymore. lmao
Careful what you say, as the paralegal would have had to prepare extensive papers for your client to file and then those be denied as having absolutely no merit, which must be fully supported by the trier of facts recital of the record with the duplicative requests that were denied with after a hearing was held, and then the substantive evidence the paralegal had a duty to know such had occurred.
Looks like the "contributing members" to Pro Se Pros are not attorneys either and have been pro se litigants themselves. Who decides what the client needs? That is definitely practicing law.
Licensed document prep company. Other than a general business license, licensed to do what? Are they filling in the blanks of preprinted forms? Are they selecting the form and substance for allegations and evidence in pleadings?
In the 1958 decision, Pioneer Title v. State Bar, the State Bar had obtained an injunction against Pioneer Title Company from preparing any documents for parties to a typical real estate sales transaction, and Pioneer appealed. "The need for legal counselling in any transaction is a question which must be decided by the person whose legal rights are involved. If, in his judgment, he does not need advice as to his legal rights or assistance with respect to them, no one can complain of his self-reliance. Such a case must be a true case of self-reliance, however. If reliance be placed upon the judgment of others as to his legal rights, the case is different. If advice or judgment is professionally given by one not a party to the transaction and not an attorney, a problem in unauthorized practice is presented."
Under Pioneer Title, then, the practice of law is implicated whenever a person is faced with a legal issue that cannot be handled by resort to routine forms or customs, and when the person makes the decision not to rely on his or her own judgment but to obtain assistance from someone else, a stranger to the situation. In the interest of public protection, Pioneer Title holds that the person must be a lawyer.
In In Re Lerner, the Nevada Supreme Court noted that "A key distinction drawn by many courts in determining whether a given activity is the practice of law is whether the services include the application of the general body of legal knowledge to a client's specific problem. . . . whether an unlicensed person offers 'advice or judgment about legal matters to another person for use in a specific legal setting.'" The Court in Lerner went on to note that "simply providing forms or offering a service to type client-provided information onto the forms was not the practice of law, but advising the client about how to complete a form, e.g., what information to include and on what portions of the form, was the practice of law."
Yeah having read the website, pretty clear that Pro Se Pros crosses WAAAAAY over that line.
Looks like brilliant niche marketing to me, but what do I know (other than the obvious fact that we all have way too much time on our hands). Go make some money trolls.
@ AnonymousJune 19, 2019 at 2:44 PM: That is exactly why qualified paralegals should never register as a document preparer, as they do not just type papers. It could potentially be used to restrict those who are finishing up their education from ever gaining admission into the bar association, since anything done while a document preparer has your required stamp, and is outside of self-help forms constitutes an act of UPL.
If he is supervised by Counsel, that was the smartest thing he could have done to protect himself from a denial for admission. However, should his stamp be on prior work done under a document preparer those will haunt him. It maybe wise to take down the Pro Se Pro's as they will use it against him since he doesn't state supervised by a lawyer. Good luck with that one.
Btw, aren't non-profits exempt from registration as a document preparer? Hmmmmm, interesting to wonder if anyone ever really finds out if these "potential" clients ever paid any money?
@ AnonymousJune 19, 2019 at 3:06 PM:
Let's discern the intended meaning of the two.
The Lerner Court noted, in relevant part, that "… when an unlicensed person "offers" advice or judgment about legal matters to another person for use in a specific legal setting."
Now, the Pioneer Court held, in relevant part, that "… when the person makes the decision not to rely on his or her own judgment but to "obtain" assistance from someone else, a stranger to the situation."
In reviewing and analyzing the two, it conveys that the Supreme Court has found that when a service provider offers a predetermined service, and such predetermined services are obtained, thereafter, the service provider thus cannot "offer" their advice that is outside of the scope of the predetermined services that were obtained.
Hence, the whole purpose of a licensed document preparer, the purpose for the defined contract specifying upfront the services to be provided, and then the final date of delivery.
Now there is additional items to look at, but for general purposes that appears to speak of someone with no knowledge of the case, offering set services, charging for those services with an anticipated date of delivery. Interesting…..
No one is family law can provide a specific date as it is a moving target! lol
2:49, it would be quite a leap to assume that you are either a notario or "paralegal."
3:40…..Yeah no. They are pretty clear when you read them in conjunction with Chapter 240A of the NRS. Are they filling in the blanks in a form pleading? Allowed. Are they "provid[ing] any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies", which is not merely a violation of Pioneer Title but NRS 240A.240(7)? Not allowed.
The issue is not that they can offer "set services"; the issue is that the services cannot involve advice, opinions or recommendations to a client about rights, remedies or strategies. Pro Se Pros says that they will select your claims and defenses for you and will do "case coaching" on how to conduct your case.
3:03 – Are you a paralegal? The op did not say anything that would waive the litigation privilege. The op also didn't say anything that would waive the attorney-client privilege, which is what I assume you meant because the litigation privilege relates to defamation claims.
Also, lol at thinking you could subpoena the op's IP address to see if someone who came into his or her office after being screwed by a paralegal practicing law was adverse to one of your clients.
The final paragraph of your post is a nonsensical stringing together of legal sounding words that does not make any sense to me, but if you care to elaborate I am sure we would all find it fascinating.
8:28AM said "I understand the Bar can't do anything because feralegals aren't members of the Bar."
I don't pretend to "know", but I recently saw a civil suit by the bar in the Eighth Judicial District brought by Bar Counsel against a paralegal for unauthorized practice of law.
Maybe what is need is for attorneys to report UAP when they see it.
@ AnonymousJune 19, 2019 at 4:13 PM – Attorney-client privilege protects information from discovery if the “5 C’s” are met:
(1) the information was delivered Confidentially;
(2) the information was delivered as a Communication;
(3) the information was delivered by or to Counsel (an attorney);
(4) the information was delivered by or to a Client; and
(5) the information was delivered for the purpose of giving or receiving Counsel (legal assistance). Restatement (Third). The confidentiality requirement requires that the privileged communication NOT be divulged to a third party (someone not counsel or client). Acceleration Bay at *7. Voluntary disclosure of information to a third party typically waives privilege. Thus, when privileged communications are disclosed to third parties; or non-parties to a litigation, confidentiality is usually breached and privilege is waived. Because privilege is waived when confidentiality is breached these communications could now be discoverable. Now, let's consider the federal application of absolute immunity. Provided below, is an excerpt from a federal decision that will point you in a direction to further your research. I absolutely respect the fact of your belief in your opinion, but I must respectfully disagree as to your interpretation of litigation privilege. There are limits to the protections of the privilege. Although frequently described as having a broad or liberal applicability, there are bounds within which the doctrine operates, with its applicability being a question of law for the courts. "In a recent Federal WireTap Act Title III Claim, a mom sued her former spouse for intentionally intercepting protected communications from her home, transcribing them to written form, in which he intentionally disseminated those protected communications in a state court domestic action, and through online platforms to third parties. Mom also listed dad's attorney, who in the Course of litigation, used the same transcripts in the domestic matter as a basis to modify custody. After extensive motion practice, hearings, and testimony, the federal court judge recently held, that: "The litigation privilege does not, in the context of Wiretap Act claims, serve as a complete bar to liability. In Babb v. Eagleton, 616 F. Supp. 2d 1195 (N.D. Okla. 2007), the court held that a “litigation privilege” does not create absolute immunity from Title III liability. Id. at 1207. While the attorney in his professional capacity received 1st amendment immunity, he in his personal capacity litigation privilege was lost, after the court based its holding on three separate but connected reasons: cases applying the litigation privilege applied it to state law claims, not federal claims; Tenth Circuit precedent “seems to forbid applying ‘state law or policy’ as a defense to Title III liability;” and other “courts have allowed Title III claims to proceed against attorneys even when the attorney used the intercepted communication during the course of judicial proceedings.” Id. As such, the federal court agreed with the holding and reasoning of Babb, and did not apply a litigation privilege to absolutely immunize defendant from Title III liability. See id." Also, the Inez Court (N.J. 2014), held that "although plaintiffs were non-clients, the court found they were owed a duty of care. Furthermore, Rule 1.15(a) of the RPC applies not only to clients, but to third parties, as well. This breach of an accepted standard of legal practice may have been an obstacle to the litigation privilege’s applicability. With a duty of care comes responsibilities, and breaching one of the RPC rules by failing to safeguard property may have precluded application of the litigation privilege."
Without getting into a debate with you, or throwing insults, understand that the comments made were done to raise awareness, which if not checked could bite you in the ass as to your duty, breach of confidentiality, thus resulting in loss of litigation privilege.
And what voluntary disclosure of attorney-client privileged information do you think there was here?
AnonymousJune 20, 2019 at 11:43 AM :
1. Date of Meeting
2. Female Client
3. Potential Litigation Strategy as to Defenses
Ah, got it. You don't understand attorney-client privilege.
1:25 must work for bar counsel. They don't understand RPC if it smacked them in the face.
1:25 here. Are you able to explain what privileged information was in the original post? Or do you also think revealing the sex of a client or that you met on a certain date waives privilege?
Revealing facts about the representation or the potential representation of a client violates attorney client privilege.
No, it doesn't. Attorney-client privilege in Nevada only applies to the substance of confidential communications made between an attorney and a client for the purpose of facilitating the rendition of professional legal services to the client.
You are confusing attorney-client privilege with the duty not to reveal information relating to representation of a client unless the client gives informed consent. Violation of the duty of confidentiality does not waive attorney-client privilege. They are not even tangentially related.
The duty of confidentiality is probably not even implicated here, but the attorney-client privilege definitely is not (and the litigation privilege even less so).
You are wrong, 2:41. Glad you are not my paralegal
Wrong how? Do you have any authority in support?
I am not 2:58, but privilege extends to lawyers employees, such as paralegals.
I am 4:23, 2:41, 1:59. I understand that. My point was that going to a blog and saying you met with a woman who was crying because she got screwed by some fly-by-night paralegal does not implicate the attorney-client privilege.
Comments are being removed.
Yes, it appears our bloglord has removed a completely unsupported comment. I imagine if the comment had offered some detail or proof, it might have been left up.
Yes, can we please leave up all the potentially defamatory comments so our playground gets shut down? That would be cool.
Detail or proof, yes. I will do exactly what you want me to do, master.
Sounds like some Master and Servant stuff going on here. You got my attention. Please proceed.
If you want to make unsubstantiated and scurrilous comments, there is always Facebook. See Mark DiCiero's court watcher page. Goodies abound.
You sick, 2:44. Do you have a second business?
12:44 is your master, aka judge, who wants you to take iuta and stick a rubber ball in your mouth. Whack!
This is going to get into Voldemort territory isn't it?
Yes it is. Blog is going to devolve into sputtered out sentence fragments and fire for the rest of the week now.
Earler posts were fine. Delete happy blog continues.
Kind of lost reading comments responding to deleted comments. Twitter™
Nye County Sheriff's Office
June 22, 2016 ·
PRESS RELEASE
SUSPECT(S):
Matthew Katz, 39, Henderson, Nevada
CHARGE(S):
7.285 – Unauthorized Practice of Law, 205.390 – Obtaining Signature by False Pretense, 205.0832 – Theft by False Pretense Over $3500
DETAILS:
On 06/07/16 NCSO Detectives received information that suspect Matthew Katz was providing legal services and tax services to several members of the community. Katz claimed that he worked with a specific law firm in Pahrump. Katz had received approximately $4700 from clients for his legal services. NCSO Detectives determined through the Nevada State Bar that Katz was not a lawyer in the State of Nevada. It was also determined that Katz did not provide any legal work for the money he obtained. NCSO Detectives spoke with Katz’s alleged “law partner” and learned through this source that he was not his “law partner” and that he did not have a license to practice law.
An arrest warrant was obtained for Katz’s arrest. NCSO Detectives located Katz in Henderson Nevada and placed him under arrest.
Anyone with information regarding this incident is urged to contact Detective Alex Cox at 775-751-4236 or email at ncso_detectives@co.nye.nv.us