- Quickdraw McLaw
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- SB9 is up for hearing today and, if passed, would eliminate statutes of limitations on sexual assault and murder. [TNI]
- The Las Vegas City Council will consider marijuana lounges again today. [LasVegasNow]
- Could we be seeing stricter gun laws in Clark County. [LasVegasNow]
- Free parking is back at the Wynn and Encore. [KTNV]
Thank you to the Wynn and Encore for their customer appreciation!
MGM will come to rue some of the things they are doing now: (1) nickle and diming tourists with resort fees and parking fees (2) suing the October 1 victims (3) mass layoffs in a strong economy. My family and I will not patronize MGM properties. You suck, MGM.
Unrelated but involving one of our local firms:
https://www.msn.com/en-us/music/celebrity/mötley-crüe-singer-vince-neil-refusing-to-pay-former-lawyer-dollar190000/ar-BBWmF5H?ocid=spartanntp
On the Board of Governors election, I voted today. I voted for two incumbents Albregts and Dreitzer, voted the rest out and two new faces. I know Albregts had second thoughts about mandatory malpractice insurance. I like Dreitzer. Don't like Mazzeo – works for the gas company and too much for the establishment. Voted for Casey Quinn (transparency) and Lachman (anti-incumbency choices). Wasn't Kari Stephens voted out last time? Tough call there. Nice lady. Don't know the others. I hope others will share their recommendations.
Kari Stephens definitely is a nice person, but my impression is that she doesn't have any clear understanding of the discontent among the rank-and-file members who will not be making the trek to Aspen.
I voted yesterday. Voted against the incumbents. Voted for Lachman and Quinn. Don't know the other two.
Shit, I voted for Albregts. I hope I did alright. I do not want what we have on there now.
Jeff Albregts is already on there and to the best of my knowledge is a complete establishment candidate. His email blast yesterday seemed to confirm that he is a status quo guy.
Kari Stephens was voted off last year and ran again this year on the same platform. Clearly did not get the message. I don't want nice. I want someone who understands the discontent and is ready to rip the place apart.
3:38-haha Quinn is just the same as the rest…
so 430 what so you want to "rip the place apart" that's constructive. Do you have an actual issue? I don't really think we need to go to Vail but I do like to combine some decent CLE's with a vacation. Have you attended a BOG meeting? Have you reviewed records or policies and provided your input? Have you shown up for public comment for an ADTK? or did you get tagged on a discipline issue and now want to lash out?
Where's the hall monitor when you need him?
I am 4:30. I have testified and submitted written comments on numerous ADKTs. I actually have attended numerous BoG Meetings because I was a chair for one of the SBN Committees that reported to the BoG. No I have not been tagged for a discipline issue; however being tagged by the OBC would generally cause an issue with the OBC and not the BoG.
My issues with the BoG are multifaceted, from
(1) lack of accountability and accessibility from your Governors–When is the last time you heard from a Governor seeking your feedback on an issue or who reported what happened at the BoG meetings? The fact that our BoG effectively works in secret and the only evidence of any movement has been ADKTs (many of which were ill advised) is criminal.
(2) lack of accounting for the monies which are being taken from bar dues that are amongst the highest for comparable states (there is a very vague budget report with summary numbers).
(3) the lack of any progress on matters which affect every practitioner (LRE is weaker and weakening. LRIS/LRS is non-existent. CLE is not improving and is no more accessible as well as being incredibly expensive per credit hour compared to comparable CLE providers).
(4) The BoG has hired a new OBC with no discipline or private practice experience to regulate private practice attorneys. Hey I took the MPRE also 20 years but that does not make me qualified to move to Las Vegas from Pioche to be Bar Counsel.
So I say to you 8:34– What is exactly is going RIGHT with the Board of Governors? What has the BoG done to address the temperature within its members? If you want a vacation in Vail, I support you wholeheartedly taking a vacation on your nickel. What I do not support is Kim Farmer and Lisa Dreitzer taking a vacation to Vail on our (inflated) bar dues. When I say that I want the Board ripped apart and started over again, it comes after everything short of that resulting in nothing changing.
4:30 / 3:22 – With respect to (1), the Minutes from each BoG meeting are available at the SBN's website. Well, through November 2018, that is. Nothing so far from 2019. If nothing else, I feel that when the BoG minutes are put up, there should be a blurb about them in the ridiculous email blast.
What is wrong with the BOGs taking a little something something?
3:27– So to bite on what you said. Unless you were present, here is all that any member would know about the Budget process for the State Bar in the November 2018 Minutes.
"Financial Report
Marc Mersol gave an overview of the 2019 proposed budget. It was moved, seconded and carried to approve the 2019 proposed budget for the State Bar of Nevada." No one had any comments? No one said they have concerns about the monies being spent and how spent?
In the September 2018 meeting minutes, it says a contract was approved to spend money on the "LaJolla Beach & Tennis Club". For what? How much? Why are my bar dues going to this? No idea.
Remember, you don't have to vote for four people. You increase the chances of the candidate(s) you do want by only voting for them.
I haven't voted yet. Is there any candidate who will stop the boondoggle expense of out-of-state conferences only about 2% of our members can afford and cut down other fees and expenses in favor of providing in a straightforward way necessary services like licensure and discipline? If so, that person has my vote.
From reviewing profiles on the bar website, it looks like Quinn and Lochman have these issues on their platform. Got my vote already!
Lachman. He's a good guy too. One of my votes too. (As was Quinn.)
The problem is, the rank and file members of the BOG have little to no say in where the convention is held. It is primarily planned by next year's president. So, while it is noble that the new BOG candidates want to curtail that expense, it is unlikely anything will change for several years until new members move up the ranks.
Also, Lachman is a good guy, but he's not exactly new to the Bar politics-he's been heavily involved with the Young Lawyer's section, including being the chair.
My experience with Quinn is he says or writes one thing…but becomes a sheep upon execution time. Not worth my vote.
Unrelated to topics of today but looking for a referral:
Does anybody know any individual or company who lends to beneficiaries in PROBATE cases? I know there are individuals/companies who frequently lend to Plaintiffs in personal injury cases while their cases are proceeding (albeit at horrible interest rates).
Client is a single mom, mother of three, needs about 5,000 for a period of about 2-3 months. Client and brother are going to split proceeds in the probate from their mother's house, which should be about 125k to 150k total (net). No Medicaid issues. Probate is a summary administration.
Client has no-contact order with Dad because of issues and just needs this small carryover. Client gets some $$ from Dad but it's limited.
House is either listed now or if not, will be listed in the next week.
Such a great deal, you lend her the $. This isn't the classified ads.
Hell no. Clients lie. Day 59 of your 60 day creditor claim period, you're going to get nailed with dozens of credit card claims from Mom's HSN binge, and it's going to turn out your client gets nothing.
I practice nearly exclusively in probate. There are many such companies, but they are all unscrupulous. I strongly discourage beneficiaries from entering into any kind of agreement. Usually, the lender will want some kind of affirmative statement from you that the money is basically guaranteed. That of course, is problematic, as 8:35 AM notes, because you can't say for sure what the liabilities of the estate are. In fact, even after the 60 day period runs, there is still uncertainty. Under certain circumstances, late filed creditor claims can be honored. The Decedent could also have a massive tax liability with the IRS. A party could present a new, more recent will which excludes your client as a beneficiary. A party could come forward with an unrecorded deed and claim ownership to the house. All of these have happened in probate administrations I have done over the years. I don't mean to sound harsh, but it is not your duty to solve your client's personal finance problems. She is going to need to find the $5k somewhere else.
I will give you this piece of advice. You can file your FACT prior to the end of the 60 day period. The hearing just has to be after the 60 day period. The week of the hearing just file a supplement that indicates whether there are additional claims or expenses of administration that need to be claimed. This will help you close out the estate much faster. Get your 1041 done ASAP. I hope you are using a good real estate agent because that is your biggest x factor right now in terms of time. The market has flattened out and its taken longer to move properties in probate. There are 2-3 guys that do nothing but probate sales and I hope you were smart enough to use one of them.
7:47 a.m. here
I'm guessing that 'FACT' refers to what is also referred to as "First and Final Petition to…." –> what words do the 'FACT' acronym stand for?
First Accounting. Usually First and Final Accounting