- Quickdraw McLaw
- 51 Comments
- 357 Views
- RIP Ben Graham. [@LasVegasCourts]
As Las Vegas gets ready to host the NHL All-Star Game and the NFL Pro Bowl this weekend, and given some comments the other day, today’s topic is those opportunistic out-of-staters who come here seeking fame and fortune. Not the tourists, but the other ones who move here with those same hopes and dreams. Wait, that’s nearly all of us right? As a state, Nevada has a very small percentage of adults currently living here who were also born here (see @SidKhurana3607’s map). There is no doubt that the few native Nevadans you encounter are proud of that fact, but what about the rest of us? How long do you have to stick around before you’re not a carpetbagger? Is there something specific you have to do to become a local? If your a billboard attorney looking to expand into this market, is there anything you can do to convince people you’re not a carpetbagger (beyond figuring out how to correctly pronounce Nevada)? What are your thoughts on being a native versus being a transplant here?
Moved to Nevada when I was less than 2 years old and have lived here ever since. Despite my birth certificate listing the place of birth as another state, I have always considered myself a born and raised Nevadan. My creative reasoning isn't for commercial exploitation, more for the fact Nevada is simply the only place I have ever known as home – I'm not sure if other "true" Nevadans agree with this logic, nor do I really care.
Reno attorney here. I've found that northerners are much more proud and obnoxious when it comes to chest thumping about their native status. And I was born here.
That said, I get the reaction when someone who lives and works out of state comes in and acts like the own the joint.
Well, I got my first Bar Complaint after 7 years. Basically lies about my personality, did not communicate, etc. Of course, I have email log, etc. Any help is appreciated. 1) Does anyone know the process? Do I have a choice of formal hearing or just respond and let them decide? 2) Any recommendations on a lawyer? Thank you!
Just respond immediately. A quick and thorough response with documents and proof that client is a malcontent is the best defense. I have had 3-4 over the years (23 years) and all were decided as unfounded after my response and because they were actually unfounded to begin with.
8:52 nailed it. (1) Odds are this is not the first complaint lodged with the OBC; this is the first complaint that the OBC has deemed sufficient to open an investigation. (2) Respond quickly and thoroughly. The number of cases for which an investigation is opened is huge compared to the number of cases that go for any type of disciplinary proceedings. You can do that yourself UNLESS the allegations are serious (such as they want to audit your trust account or are alleging major malfeasance/criminal conduct. (3) There is a screening panel before it goes to Complaint. (4) If it goes to complaint you can still negotiate the discipline such as reprimand if you wish. If you cannot reach a resolution then you will get a hearing. (5) Counsel– Lipson Neilson is good (Joe Garin/David Clark/Janeen Isaacson if she is still in town). Rob Bare has indicated that he might start taking some cases. Mike Warhola is fine but not spectacular. Dennis Kennedy is spectacular but really expensive.
I served on the Southern Nevada Disciplinary Board. Absent stealing from your client (trust account issues), client complaints are screened and usually found in favor of the attorney with proper documentation. Having said that, bar counsel staff often get things wrong and have to be educated. Agree with answering it. Perhaps call to speak with investigator. There are concerns with turning over the file and its contents. Also recommend Felicia Galati if she is taking those cases. Maybe answer first and discuss with OBC. If necessary shop for counsel.
OP back. Thank you. As it only involves communication which I can prove I did via emails, etc. I think I'll be OK. Not sure if there is a difference between Complaint and Grievance but this letter says "Grievance." Thanks again! PS I've met Warhola, seemed like a great guy, no idea of his legal skills though.
Respond to it immediately with docs, and be self effacing, but truthful. Send it certified. Keep copies. Tell no one!
If you got a letter signed by an OBC lawyer, an Assistant Bar Counsel, don't hire and attorney, just respond the way described above. A letter from an attorney means it's still in the preliminary investigation stage, which screens out most complaints. If your letter is from an investigator, that means it's gone to the next step, and you might want a counsel.
I had a similar complaint years ago. Between my emails and my call log I was able to show that every single allegation my client made was absolutely false. The client was a bit of a jerk so when I got to turn over exhibits showing they were a liar too, it was kinda fun. Just answer the letter which as much evidence as you have. If you need more time to respond, let OBC know ahead of time and they will give you an extension. Let a fellow attorney look over your response before you send it.
I miss Stephanie barker. She submitted to panel for 30 check written on the wrong account with no money in it. Karma, obc
OP back. One last question. Does my response to grievance go to former client and then they get a last chance – sort of like Motion, Opp, Reply? Thanks
(1) Your written response will be treated as a statement under oath – be correct and thorough (2) Grievant usually gets your response and replies. If you ask OBC not to send it (usually if Grievant is using SBN for discovery in civil matter) they will honor that.
Consider checking with your insurance broker. Your E/O policy likely has a provision which affords coverage for responding to something like this, subject to any deductible. Many of the lawyers referenced above are likely among the panel counsel for your carrier and you would be in good hands with any of them.
Main point is do not ignore, write letter acknowledging receipt and stating that you disagree with statements and will gather the materials and respond fully. Where people really get into trouble is ignoring this as an unpleasant subject. Prompt, polite acknowledgment then follow up with or without a lawyer is important. And above all, be courteous.
Call Rob Bare. He is well respected and is handling State Bar disciplinary matters.
Completely disagree with @11:46. By responding to the complaint you are giving it credence, coming off as defensive and showing it likely has merit. A response by you will likely turn this into an investigation and a formal complaint. Lay low and do nothing. Do not respond to any requests or phone calls from bar counsel The complaint will die a quiet death and you will be safe.
12:06 hahahahaha
12:06 is Ryan Hogge or Mike Warhola trolling for clients.
12:06, James Jimmerson, Esq. I am sure transferred more than $30 from his clients' trust accounts. Why the disparity in punishment? Seems the Nevada Supreme Court favors certain law firms.
Make your response intelligible.
Bar counsel, like every judge and attorney, has to move through documents quickly. I have seen discipline responses that stuff loads of documents and emails into the response, often randomly. Organize your work. At a minimum organize in date order. Make it easy to read. Leave the law citations out (my personal opinion on this). Just the facts.
Disagree with 11:43. Do NOT apprize your insurance broker or make a claim on your malpractice insurance over a bar complaint related to communication. Your rates will skyrocket and this will go on your loss run when it likely involves no payout by your carrier.
Consult with a legal malpractice attorney before you tender or advise your carrier and get that preliminary opinion- should you advise your carrier? Most malpractice attorney's in town are known (they don't advertise) and will give you some courtesy advise on a quick call – no charge (I know I would). I'm sure the complaint is a dog pile of nonsense, but you don't want to get hosed out of coverage later. You'll do fine.
Before I graduated (top-20 law school, law review, top 15% of my class), I interviewed at biglaw firms in Seattle, LA, San Francisco, and Portland. The best offers I received there were "let's wait until your bar results come in".
Then I interviewed with two high-quality Las Vegas firms and got two offers. The firm I joined paid my moving expenses, set me up in an apartment, provided first-day salary and health benefits for me an my wife, and gave me three weeks off paid to study for the bar. I had never before even been to Las Vegas; but that was fine with me.
Call me a carpetbagger if you want. Las Vegas may not have some of the niceties of some other cities; but it wanted me and made it worth my while to come here. It wouldn't be my first choice of cities in which to live; but there are enough things to like about it. I'm enjoying my career practicing law here. I probably won't retire here; but I have nothing but good things to say about how Nevada has treated me.
So if that makes me a carpetbagger . . .
It does not.
-Born and Raised
what year did you graduate? those stats and outcome sound like you were part of ITE that got killed during OCI.
I graduated 2014 from a top 20 school, law review, top 1/3 and got shut out from the major markets during OCI. Ended up here thankfully because of enough "ties" to the area despite having never lived in Nevada or Las Vegas.
1996
Here is my definition of carpetbagger, and it has nothing to do with where you were born: do you live here now? The Complaint against Sam & Ash was not where they were born (don't know where they were born) but that they do not live here now. Sweet James? Does not live here. When I see Lerner & Rowe ads in ABQ, they are carpetbaggers because they do not live in the community that they are purporting to represent.
I always laugh at the campaign ads that imply native Nevadan makes a better judge or city council person but know that they resonate with many. I have been here my whole working life and have contributed deeply to this community. Conversely I did not contribute much to my community as a second grader.
I just like Sam and Ash ripping off the White Stripes vibe. Are they related? Married?? Who knows, it's all part of the mystique!
The definition of carpetbagger (which holds true today) is one who moves communities in order to gain an economic advantage from that areas hardship. From the Northerners that moved to the South after the Civil War to take business advantage of Reconstruction.
James Jimmerson, Esq. should have been suspended for three transfer from the iola accounts. Not a public reprimand.
I can't wait to leave. It is no longer full of hope and prosperity. It's East California, without the coast. I am sad.
Not sure East CA has a coast.
I think he/she means San Bernardino, Bakersfield and Fresno is akin to most of the east and central parts of our LV valley. Maybe.
For most people who move to Vegas, especially professionals, a compromise is made. On one hand, it is easier to prosper here than in most other cities and regions; there is less competition, the best and brightest don't flock here. On the other hand, we put up with a public education system that ranks at the bottom of the nation. There aren't good colleges here. There isn't really much culture here. There is some type of scam going on around every corner. Most people aren't particularly friendly. Every level of government is corrupt. It is ridiculously hot five out of 12 months. Ninety percent of the developed area is disgustingly ugly. And what passes here for natural beauty isn't really all that beautiful.
There are a lot of people here who are here because they are able to make it here and wouldn't be able to make it in places they'd rather be.
Or they are here absolutely killing it when they would have been just fine somewhere else. I have high school friends who went to comparable/better law schools and are working for top of the bank building firms in the state that I am from. I worked for those firms back there also. They made it the traditional way and are on the path that we all dreamed of in high school. It is just that I learned that there were other dreams that involved far more money and autonomy which Las Vegas offers.
The heat is really four months (June, July, August, September). The weather the other 8 is pretty nice. During the four hellish months, you can work remotely for quite a bit if you want.
CCSD is a joke, but there are great charter and private schools.
CSN is a great value. Vegas kids can attend good colleges/universities nearby in Arizona, Utah and California.
There is more culture than Vegas gets credit for. The arrival of the Smith Center a decade ago is a game changer. LV Philharmonic is a gem, the Broadway series is the same as any other major city. We have more concert choices here than just about everywhere except maybe LA and New York.
I think the Mojave is beautiful. But even if you don't, you're a half day drive away from more than half a dozen National Parks and a lot of beauty on the California coast.
I like being here. If I had to move back to a regular city, I would miss all that I have just mentioned and more. Often, when I work remotely during the hellish heat I become anxious to return to all the creature comforts and offerings this great city has.
Ben was a genuinely good person. Sad for his family.
They lost their wonderful daughter, Caroline, a physician, to breast cancer a few years ago. My heart goes out to the entire family.
Here's an interesting phenomenon. There are older, seasoned attorneys in this town whose legal writing is pure shit. It's lazy, poorly researched, supported by scant to no authority and poorly reasoned. But they can still get results by sheer force of their reputation and sense of how to appeal to the judge in oral argument. Don't underestimate this type of attorney just because their written work product is pure shit.
Get used to it JR. Put in the years and you can cut corners too.
True. I know an attorney who will literally stomp his feet and whine to the court until he (most times, successfully) wins his motion.
That works so long as you get oral argument. But in the age of COVID, more departments are doing away with oral argument. Just got a Minute Order today on a hearing noticed up for February 23rd. There is a department that has gone almost 100% minute orders and no oral argument.
Please keep us apprised of any funeral/memorial events for Ben Graham. Many of us would love to show our respects.
There will be a celebration of life in honor of Ben Graham on February 17 at 3 pm at the Christ Church on Maryland Parkway.
Try again, without the dog whistle this time.
What does that mean – not the person who wrote whatever was, I infer, offensive?
Law.Dawg– I apologize for what was perceived as a dog whistle. Tisha Black is running for attorney general and I consider her a better candidate than either the incumbent or her opponent in the primary.
https://www.reviewjournal.com/news/politics-and-government/nevada/attorney-tisha-black-says-shell-run-for-attorney-general-2525844/
#freetishablack
#freebonniebulla
#freejoerogan
Is it possible to draft someone into running for state office?
Like, I know she has zero interest in running and is term-limited from SOS (what a stupid idea that was), but I'd just like to draft Barbara Cegavske into running for the executive branch. The whole executive branch. Governor, AG, SOS, God-Queen of Nevada, whatever. Just so we have a legitimate choice that isn't between bad and kkklownish.
She would be a great Governor. Very skilled and very pragmatic. Unfortunately, her fealty is insufficient in today's Republican Party. There is no way she could win a Republican Primary for anything, much less Governor.
I really hate this. I don't like Sisolak. But there is no possible way I could, in good conscience, vote for any of these Republican candidates. Maybe the saddest is Dean Heller. Dean, you are debasing yourself to win over the crazies in the base. I know you don't believe what you are saying. It's pathetic, but mostly, it's just really sad. I remember when you were so much more.