Too Much, Too Fast

  • Law

  • Notarios are still a problem. [LasVegasNow]
  • An arbitration resulted in a ruling for the Clark County teacher’s union. [TNI]
  • If you want to hear the latest from “As Boulder City Turns,” Stephen Stubbs has posted a video discussing the latest with regard to Judge Miller. [Facebook]
  • Is East Las Vegas going to happen? [Fox5Vegas]
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Anonymous
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Anonymous
April 4, 2018 3:42 pm

Yes. Meh. Oh hell no! Not a chance in Hell. There, fixed it for ya.

Anonymous
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Anonymous
April 4, 2018 4:44 pm

Can anyone comment on whether Durham Jones' Las Vegas office closed? Looks like every attorney in the Vegas office has moved from their page?

Anonymous
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Anonymous
April 4, 2018 5:45 pm
Reply to  Anonymous

Looks like Shane Clayton is still listed.

Anonymous
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Anonymous
April 4, 2018 5:50 pm
Reply to  Anonymous

I am on the other side of a case from one of their local attorneys. I was told that they are shutting down the Las Vegas office. Some attorneys left, others are working out of the Utah offices. They will maintain some local presence here, apparently.

Anonymous
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Anonymous
April 4, 2018 6:14 pm
Reply to  Anonymous

We have a case with Craig Newman and he is quite actively litigating the case from the DJP LV Office.

Anonymous
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Anonymous
April 4, 2018 6:29 pm
Reply to  Anonymous

Isn't Kim Boyer there?

Anonymous
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Anonymous
April 4, 2018 6:43 pm
Reply to  Anonymous

Looks like Kim has her own gig now?

Anonymous
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Anonymous
April 4, 2018 7:40 pm
Reply to  Anonymous

Is the thought that failure to pick up the slack from the terrible situation with Van Alstyne is causing finger-pointing? I can only imagine what a blow that must have been.

anonymous
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anonymous
April 4, 2018 7:48 pm
Reply to  Anonymous

????

anonymous
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anonymous
April 4, 2018 10:05 pm
Reply to  Anonymous

I just looked Van Alstyne up on the Bar website and it says "deceased." Had not heard anything about that, but haven't been in the same circles either since he was with Alverson probably 15-20 years ago. What happened?

Anonymous
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Anonymous
April 4, 2018 10:47 pm
Reply to  Anonymous

Cancer. I only knew Phil from a few cases, but he was always a skilled attorney and fantastic human being.

anonymous
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anonymous
April 4, 2018 11:01 pm
Reply to  Anonymous

Sorry to hear.

Anonymous
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Anonymous
April 4, 2018 5:20 pm

We need to continue the discussion about the trust audit program. Only one state is doing it–New Jersey. Others that have created the program are not doing it. If you want to know about the horror read this article from the New Jersey Law Journal. If the link does not work look for Random Compliance Audits: Preparing for the Bogeyman By Marc Garfinkle

http://www.njethicsattorney.com/pdf/NJLJ%20Article%20September%202016.pdf

After you read this article it will not set your mind at ease. Anyone who has gone through an IRS Audit knows how bad that can be. We have all had clients that have had that unpleasant experience. Even when you are right you are wrong. Auditors are paid for find these wrong not find things right. If they audit and find nothing they say they are not doing their job. I hope the court does not adopt this. The questions and comments the court made were encouraging. Most attorneys are opposed to this. This is NUTS. You can lose your ticket and be subject to discipline for minor infractions.

Anonymous
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Anonymous
April 4, 2018 6:17 pm

It is funny everyone hates the audits but no one showed up to explain to the Court.

Anonymous
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Anonymous
April 4, 2018 6:36 pm
Reply to  Anonymous

Why is that funny? Didn't it occur to you, like it probably did to many of the other attorneys/law firms in town that by showing up and protesting loudly, there might be some retaliation against those attorneys/law firms when the audits get implemented? Perhaps retaliation in the form of expensive, time consuming audits?

Anonymous
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Anonymous
April 4, 2018 6:47 pm
Reply to  Anonymous

No kidding, 11:36 AM. The frequent comments on this blog and the anonymous results of the survey indicate widespread opposition. Nobody would be foolish enough to show up in public and put a target on themselves like that. Makes you wonder who 11:17 AM is.

Anonymous
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Anonymous
April 4, 2018 7:07 pm
Reply to  Anonymous

The most disingenuous part of the anonymous survey was the Bar characterizing as "pro-audit" comments that were clearly anti-audit. Why would anyone bother chiming in when the result is largely predetermined?

Anonymous
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Anonymous
April 4, 2018 7:11 pm
Reply to  Anonymous

I know I am going to get the Mary Poppins complex thrown at me, but on a few occasions the NSC gets it right. I don't think the audits are coming. They should not.

Anonymous
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Anonymous
April 4, 2018 7:44 pm
Reply to  Anonymous

You are right 12:11. You are Mary Poppins. I think the mandatory audits is an incredibly awful, misguided, poorly researched, even more poorly explained concept. That has never stopped the Nevada Supreme Court in the past. Audits are coming.

anonymous
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anonymous
April 4, 2018 7:50 pm
Reply to  Anonymous

They may be, but hopefully in a manner that is responsive to a complaint or other red flag, and not randomly. At least that seems to be the upshot of some of the NSC comments that were mentioned above. Someone like Graham should have been stopped a long time ago.

Anonymous
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Anonymous
April 4, 2018 8:09 pm
Reply to  Anonymous

They have the power to audit right now when there is a disciplinary issue which implicates the IOLTA Accounts. They just are not enforcing it. So if they cannot use the existing powers when it needs to be used, why should we give them random powers when there is no justification to use it?

Anonymous
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Anonymous
April 5, 2018 12:05 pm
Reply to  Anonymous

11:17 here. So what your saying is you just want to bitch and whine anonymously and do nothing about it? You sound like the attorney I want to hire. True fighter.

Anonymous
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Anonymous
April 7, 2018 2:49 pm
Reply to  Anonymous

11:17/5:05: I have no dog in this fight as I don't have a trust account due to the nature of my employer. Nice deflection attempt. What people are saying is that the bar already made its decision (evidenced by ignoring/twisting feedback obtained in the survey); there is zero upside there is zero upside to "fighting," and huge downside in likelihood of being targeted for a "random" audit. There, fixed that for you.

Anonymous
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Anonymous
April 7, 2018 2:51 pm
Reply to  Anonymous

And if you mock my typo/duplicating words, consider your "your" instead of "you're" reciprocally mocked.

Anonymous
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Anonymous
April 4, 2018 7:02 pm

It is sad that OBC's reputation has taken such a nosedive that local attorneys are afraid to testify in fear of retaliation. Kinda sucks.

Anonymous
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Anonymous
April 4, 2018 7:04 pm
Reply to  Anonymous

That's why I didn't go

Anonymous
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Anonymous
April 4, 2018 7:13 pm

The entities involved with the discussion and/or implementation of the proposed audit requirement, whether it be the BOG, State Bar, or NSC, will do what they want, and commentary from outside attorneys will amount to nothing IMO.

I would refer you to an extended, withering commentary posted on 04/02/18, 10:38 p.m. Although the poster seems to have a somewhat jaded, cynical world-view(at least as to whether any of those in power actually listen to rank-and-file attorneys), and I don't agree with all of the poster's commentary, I must say that after reading that post, and having the benefit of 30 years experience, it is difficult to read that post and walk away with any confidence that anyone is going to care what
the little guy or gal(the solo or small practitioner) thinks.

Please go read it and tell me what you think.

Anonymous
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Anonymous
April 4, 2018 8:05 pm

The only way they anyone may listen to the rank and file attorneys is if the rank and file attorneys took over the BOG. This could occur if they ran a slate of candidates for BOG, and the campaign letter sent to attorneys was very short, direct and to the point–i.e. we are the slate of candidates that are opposed to the audits and business as usual. Nothing else would need to be said. Keep it real short so people read it, and let them know this is the anti-random audit slate.

An approach like that could possibly work.

Anonymous
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Anonymous
April 4, 2018 9:52 pm

This BOG talk makes me want to sleep in peet moss. I will be snoring no audits.

Anonymous
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Anonymous
April 4, 2018 11:56 pm

In response to 12:13 and 1:05, as well as the post of 4/2/18, 10:38 p.m. that 12:13 references, I do actually believe there is a silver lining.

It's possible that the random audits process will not be adopted. But if it is not, I agree with these posters that the decision to not implement random audits at this time will have little or nothing to do with negative input from attorneys.

If not adopted it will be that everyone was sold a bill-of-goods when told it would cost little or nothing and have no real effect on Bar dues and Bar budget. When the justices raise the question of how could this policy not have a very substantial cost attached to it, the advocates of the random audit policy seemed to have no discernible, rational answer.

So, under the theory that if you cannot defeat a bad policy by appealing to people's intellect and sense of right vs. wrong, one can always defeat a bad policy if it is expensive(and this would be quite expensive) with no discernible funding source.

Bar dues presumably cannot, or will not, be quadrupled to pay for such policy. Now, THAT would really be a hue and cry if they were, and even then that would not even partially cover the immense expense. And saying that those randomly audited will pay for the audit(even if their books and accounting are in perfect shape), is even more ludicrous than saying we will build the wall and make Mexico pay for it.

I am glad at least some NSC justices offered pointed, relevant commentary and asked the necessary questions. But if they wish to show real assertive leadership, they should not leave it at that. They should proclaim there is a real problem with Bar leadership, and by extension BOG leadership, if such a proposal got as far as it did without those behind the proposal making any sensible inquiry, or conducting any rational budgetary/fiscal analysis of how this ludicrously ill-begotten monstrosity could ever be paid for without a huge financial impact.

How did this proposal or inquiry ever remotely get to the point where the NSC was assembled to discuss and consider it if there was no accounting presented that would even pay for a tiny fraction of it, much less all of it?

Preposterous. Now that you can all see who your leaders are and what their abilities and priorities are, will some worthy men and women please step forward and declare yourself as BOG candidates(opposing random audits and nonsense which is half-baked at best)?

Anonymous
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Anonymous
April 5, 2018 4:13 pm

The Nevada Supreme Court continues to f**k up discipline decisions for no good reason. Attorney agrees to a one year suspension retroactive to June 1, 2017. Lets be honest, once an attorney agrees to a Stipulation of suspension, they have to start winding down their practice because they know that the conclusion is coming soon. It takes the Nevada Supreme Court 11 months (from May 4, 2017 until March 30th, 2018) to issue a decision on the suspension which is supposed to end June 1, 2018.

Except the Nevada Supreme Court finds that the State Bar's Stipulation is too confusing so the matter needs to be remanded to the Panel for a new hearing and a new stipulation, which then must be resubmitted so that the Nevada Supreme Court can take another 11 months to consider whether the suspension should have ended 1 year later (even though the "1 year later" will by that time be at least 15 months in the rear view mirror).

State Bar and Supreme Court, you are screwing with peoples' lives here for no good purpose. I go back to the case a few weeks ago where the attorney was told by the State Bar to show extreme good faith and mitigation by suspending himself and the Nevada Supreme Court refused (4-2_ to recognize it, even where the State Bar said "Yeah, that is what we told him to do and it would be good public policy to reward people mitigating." What a fucked up (sorry no asterisks this time) state we have here.

http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=43171