- Quickdraw McLaw
- 42 Comments
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- Governor Sisolak issued three emergency directives yesterday ordering citizens to stay home and nonessential businesses to be closed until April 30, activating the Nevada National Guard, and allowing retired health care workers to join the fray. [TNI]
- Noted accomplisher of goals and former federal judge turned governor turned MGM executive, Brian Sandoval, stepped down from this latest gig to apply to be president of UNR. [TNI]
- 6.6 Million Americans filed for unemployment last week. [CNN]
- You have until next Friday, April 10, to submit nominations for the Board of Governors. For the 2020 elections, an email sent by a person nominating the individual may be used as a substitute for written signature. [NV Bar]
- The Nevada Supreme Court Law Library will celebrate Law Day on May 1st with a webinar scheduled for noon on the subject of the19th Amendment and women’s constitutional right to vote. This webinar will offer 1 Ethics CLE credit and will discuss how the 19th Amendment came to be, its impact, and what it means today. To register: click here.
- Finally, one of our readers wants your thoughts on video depositions:
I cannot help but question the integrity of the deponent’s testimony if they simply use a webcam (likely at home). It is my understanding that court reporting companies can arrange for videographers to come online and record the feed. That was there is no in-person contact. So, the deponent is not necessarily in a controlled environment.
Are we all to trust they are not reading prepared notes out of view during the deposition or that they are not receiving texts or other communications from their attorneys off camera? I realize this knife cuts both ways for Plaintiffs and Defendants, but I’m curious. Any thoughts?
I've only taken two video depositions before. They both involved the deponent physically in a conference room with the court reporter. There was a video conference set up with the camera trained on the deponent, so the attorneys could see basically everything the deponent did. It worked fairly well. Not ideal, but honestly not as bad as I was expecting. Good internet connections for all is a must, though.
It think it would be pretty obvious if the deponent was reading notes or getting texts. I've seen people do that in video conferenced meetings, and it's obvious.
That said, I would much prefer that the deponent go to a conference room somewhere rather than do it from home. Ideal if the court reporter is in the room and can sit at the other end of the table or something. Just less of a chance the deponent could have notes laying around or stuff like that.
The level of "cheating" in a remote deposition depends on the deponent, the lawyers, the amount at stake, etc. I agree it would be easy to see some people cheating but others could pull it off without much effort. The kick under the table at in person depositions could be more subtle when there isn't anyone there to see it in a remote setting.
Remote depositions are probably ok for disinterested fact witnesses. I need to be there for depositions of any party or interested witnesses. I also want to be there for any witness where the size of the dispute is very large.
The idea that most hearings could / should be remote is one that is long overdue. State court's could decide much more without hearings.
I too have done video-conference depositions where the deponent, the court reporter and a local paralegal I hired were in a conference room together. This was not due to "social distancing" but was due to distance, costs of travel and scheduling. You try to get a corporate client to approve travel to Korea or Europe to take a depo!
I needed a paralegal in my hire to be present to control the flow of documents — I wanted to get the witness's testimony before showing him/her certain documents. That is sometimes important! A local law firm allowed me to use one of their paralegals.
I think I'd be happy to do video-conference depos if the court reporter was in the room with the witness. Large conference rooms can accommodate two people at "safe" distances.
Video depositions are the pits. In a time of crisis, who cares, just like long distance relationships require certain creative uses of communication devices to keep the embers burning, but who would deny that the real deal, in-person, face-to-face, is superior?
As far as the BOG elections, it will be exactly as its been for 30 years.
Everyone will complain that it's closely-held club that is not open to new blood or new ideas(which is true), but anyone new who runs, who is not currently on the Board, will be exactly like those on the Board–prominent members of larger firms, who are hostile to outsiders and new ideas, but just want to protect their cozy club with business as usual.
So, it will be a re-election of incumbents, and any openings will be filled with people who are just like the incumbents. You won't see anyone elected who is a solo, or from a small firm, and who has some innovative ideas, and wants to take constructive action such as reigning in disproportionate and draconian Bar discipline, etc.
And you will be deluged with communications from incumbents soliciting your vote, and these communications are somewhat entertaining in the sense that they never vary. The incumbent will tout their supposed great accomplishments(which is always boring crud which benefits them, but not you.) And they will then concede that "there is more to be done"(which is the oldest cliché each and every incumbent running for re-election to anything,will spout.
They will either not mention what the "more to be done" consists of, or they will reiterate the crud that benefits them and their ego and pocket book, but has no benefit to you, and then insist they will do more of those useless things.
They will never, ever say anything about reigning in Bar discipline, as that would upset the apple cart, as their other buddies on the Board, and those within Bar Discipline, would be most displeased.
So, once in a while they may say, in these lame solicitations,, they are responsive to your needs, or open to your suggestions, but they never can be as that would imperil their positon.
I agree. All of the "change" candidates of the past changed nothing but are happily enjoying their Jimmy Johns sandwiches at the BoG Meetings and maintaining the status quo.
How much time does it take to be a member of the BOGs? Not just the time spent running for office, but the time that being a governor actually requires — Board meetings, committee meetings, review of reports and records and recommendations, research, …
Is this something that a normal solo can undertake without a tremendous sacrifice?
A large firm partner (or even senior associate) can get credit from his firm for his Bar work, but we all know that if a solo works 40 hours on Bar stuff, that is 40 hours not spent generating income.
10:21–I had never really thought about it, but yes, those communications always do include those two staples: (1) Bragging about their accomplishments, which are usually vague to the point that it is hard to determine the value of those matters to rank-and-file members; and (2)The chestnut favorite "but there is more to be done", without further elaboration.
I wonder if it is in some political play book, for any and all offices and political positions, that if you are the incumbent, that after you emphasize your record, that you must include "but there is more to be done."
Another staple, or apparent sacred cow, of all political elections(although not necessarily BOG elections, but who knows, some of them may include this as well) is the incumbent must make reference to "our greatest natural resource."
The "greatest natural resource" will be one of two things. It will either be our youth(who will invariably be called "our leaders of tomorrow") or "our greatest natural resource" will be "our farmers."
Oddly, even in states that have very little agriculture, and are largely industrialized states, the incumbent will still often make reference to "our greatest natural resource" being "our farmers."
I'm glad we have these rather frivolous, although mildly humorous, discussions to add slight levity to distract us form the nightmarish pandemic that controls our thoughts and actions 24/7.
But, yes, I have heard politicians repeatedly refer to farmers as our greatest natural resource, and sometimes the politician is from a state that does not seem to have any known farming regions or agricultural pockets. They should instead tailor their remarks to what their state or region emphasizes–such as, our greatest natural resource is our miners, or our steel workers, or our garment workers, or our aeronautic workers, or our breweries, or our people working extracting maple syrup from our f***ing trees, or a myriad of other examples which apply, to such state, a lot better than "farmers."
Well,10:43,consider that "people extracting maple syrup from our f***ing trees" may be considered as agricultural, and thus constitutes farming in a sense.
Sorry, I just had to be a bit snarky this morning, but I get the point you are making.
Paralegal here.
My employers failure to take mitigation efforts to protect attorneys and staff is so disheartening. No options to work from home have been given. Sure, we are told to not socialize at work, wash our hands, and sanitize common areas, but theres 50+ of us coming to work everyday scared to death because we have no choice otherwise. Recession and unemployment coming, so we cant stand up to our employer and demand changes cause our jobs will be in short supply soon. MARK my word, theres alot here that are actively looking for jobs elewhere. I know those chances are slim now, but when the economy recovers and jobs come back, they'll be a large walkout because of how youre treating us now.
Your words say you focus on the importance of families, but shame on you for putting our lives, and the lives of our families, healthcare workers,etc at risk during these times just to keep your billables up so you can make your mortgage payments on your vacation homes in California and Utah.
Praying the governor or president take more aggressive stay at home actions to protect me and others.
Prayers to you. I'm sorry you have to deal with this added stress. You and me are not essential workers. I shut down my firm and working remotely. My small staff are doing what they can from home, but I'm not expecting much from them at this time. I was honest with them – that we'd get thru March and April – but that I could not make any promises for May.
You do deserve better and seems like you're in a toxic environment there. Good luck to you!
Fuck your employer. I have already stopped referring work to firms that I know are doing this. I will remember after this is over too.
-50+ employees
-MARK
-families
-Second homes in utah and california
I think I know where you work.
Signed,
A co-worker?
I have a Hutch I know where you work.
People can say "Families are Forever" and "Family First" but walking the walk something else. SOME Families Come First. Other families? Well, we gotta get our billables in! I am grateful that my employer, who also says he believes "Families are Forever" but is actually walking the walk and protecting ALL our families.
Dear Paralegal,
I feel for you. I tried to call someone out on this issue a few days ago but had my comments removed and received snarky (but not very witty) comments. So before you cuddle up too much to those on this blog, know that if you comment on any firms other than the chosen ones who it is ok to criticize, you will most likely be met with the same. Good luck to you and know that at least in spirit, this long-time lawyer is on your side and feels we should make a list every day, every minute, and every second of a list of these firms and never, ever do business with any of them re: voluntary actions (such as referrals) where it does no harm to our clients (who we owe our first duty). Just remember that some people feel (slightly sociopathic) they are so important that they can make you work, or dismiss comments about those employers that make you work. All in all, hold your head up high as you are far better than they are. Stay safe and good luck to you.
12:07 – I heard your firm cancelled their every other year Nevada day disneyland trip. I hope they don't mess with your yearly Christmas potlock.
– a former coworker
#SaveThePotlock
1:28. Get a life. Do you really have nothing better to do than complain that your defamatory statements against Emily McFarling were deleted? There is a difference between what you posted and what 12:07 posted. This is not a case of the bloggers favoring one firm over another, it's about your content. If you want to make a list of all the firms that open and post it saying these firms are open, no one will stop you. If you want to complain about a certain firm without clearly identifying them and avoiding defamation, then no one will stop you. I wish they would stop your damn complaining though.
#SaveThePotluck is pretty funny given our current state of social distancing and no large gatherings.
I hope #SaveThePotluck keeps getting posted like "Blog is dead" "BK Hottie" etc.
I work at Hutchison and Steffen and this is patently untrue. They are an amazing employer and have been nothing but supportive during this crisis. If the OP is who I think she is, she was terminated recently and is clearly just a disgruntled FORMER employee.
3:14,
Thanks for clearing that up. So what you're saying is that any employee who wants to work from home has that option? If so, that is very commendable.
3:26,
Yes. However, most (like me) have preferred to work from the office. Despite OP's insinuations, we are NOT being forced to do anything we don't want to do.
OP here.
I won't verify where I work. However, my employer has only sent emails indicating we are to stay home and work remotely if we are showing signs of being sick. No communication has been given to all employees that "any employee who wants to work from home has that option." If that option were given, I would be working remotely now. That option SHOULD be given!!
So, OP, then why don't you just say you have a fever? Duh!
If 1:15's "Hutch" is right, I admire them even more now. It is in times like this that the wheat separates from the chaff. Power on!
Matthew 3:12 12His winnowing fork is in his hand, and he will clear his threshing floor, gathering his wheat into the barn and burning up the chaff with unquenchable fire."
Amen.
5:01 – you admire employers seperating the wheat from the tares by risking their employees lives during a global health pandemic. What's that scripture about the love of money being the root of all evils. A special place in hell is reserved for you.
As the great Ayn Rand (whose Atlas Shrugged should be mandatory reading) said:
“So you think that money is the root of all evil? […] Have you ever asked what is the root of money? Money is a tool of exchange, which can't exist unless there are goods produced and men able to produce them. Money is the material shape of the principle that men who wish to deal with one another must deal by trade and give value for value. Money is not the tool of the moochers, who claim your product by tears, or of the looters, who take it from you by force. Money is made possible only by the men who produce. Is this what you consider evil?”
Did Directive 009 toll the filing deadlines for EVERYTHING? Motions, discovery, Opposition, etc?
Section 1: Any specific time limit for the commencement, filing or service of process of any legal action, notice, motion, or other process or proceeding, whether promulgated by statute, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this Directive [Mar 31] until 30 days from the date the state of emergency declared on March 12, 2020 is terminated.
Great question. I have no idea.
-A Nevada attorney.
I read it that way but I do not read it to be retroactive. So if the deadline was March 23 for example, you are out of luck.
Agreed it's not retroactive, it's "from the date of this Directive" which was March 31.
So we don't have to respond to any discovery or motions for the next month (at least)? That seems like it's going to slow things down quite a bit.
The governor revised & clarified the declaration today. It's now much narrower.
A revised 009 was just released.
"Any specific time limit set by state statute or regulation for the commencement of any legal action is hereby tolled…"
That also gets around the issues of the Executive Branch telling the Judicial Branch how the Judicial Branch's rules are applied.
The governor still has the problem that tolling the statute of limitations does nothing to prevent someone from getting COVID-19 so his order is invalid. I am sure that it will be challenged if any plaintiff decides that they can file the complaint after the order is rescinded but the SOL expired the day before.
I do not think that your responses to a set of interrogatories served today is a "process or proceeding" such that the specific time limit is tolled by Executive Fiat No. 9. Ask me for an extension, no problem, but don't assume that the 30 days has been tolled.
No, but if those interrogatories are due in the EJDC then the Court tolled the deadline by 30 days independently.
Any new updates on law firms laying people off? I heard HJC laid off some people yesterday…seems like its been mostly ID firms letting people go.
I don't work in the PI field so I don't really understand the economics of it, but is this a short-term problem because people aren't driving and going out to rear end people and slip on banana peels? I always assumed PI was fairly recession proof because people still get injured, plaintiffs pay contingent fees, and insurance companies are still insurance companies.
The economics at issue here is this: the pipeline needs to be full as the cycle of cases works it way from intake to resolution. If there are no new cases now, that means in 6-18 months (depending what kind of cases and shop), the well will be dry. To prepare, the firm needs to buckle down and shed excess expenses, including payroll.
IF there is a recovery and the pipeline starts filling up, the firm with the most cash will be able to capitalize on the upswing, whereas the one that did not pare down expenses will not, everything else being equal.
Spring raises will be skipped at A-T, but no lay-offs for now. Hot water remains missing as does a positive attitude.