- Quickdraw McLaw
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As a follow-up to yesterdays discussion, where do YOU draw the line on reporting others. The Rule of Professional Conduct offer guidance, but how do you decide when it’s time to report someone or something to the OBC. Would you ever? Have you ever? Having knowledge of something is a strong requirement, do you wait until you know for sure? Do you do like the late Scott Canepa and do your own investigation before involving the FBI or just rely on others?
I have only considered reporting prosecutorial misconduct and have talked myself out of it each time. I have little faith that OBC will seek discipline of a prosecutor and a rejection of the complaint will just embolden the prosecutor. I have successfully filed a judicial ethics complaint.
Every time that I have reported misconduct it has been laughed off and closed. The last time I reported someone (an attorney is routinely and properly pilloried on this blog for being a blight on practice of law), Bar Counsel called me and said that Bar Counsel had a file 4" thick on this attorney but he would throw the complaint on the top of the pile. Nothing came of that or the other 4" thick of people that this attorney has harmed.
A few years ago, I had a case against a firm with an office her in Vegas and SoCal. I ended up in some correspondence with an attorney who was a giant jerk, so out of curiosity, I went to look him up. Not only was he not barred in Nevada, but he was disbarred in California. I reported this to Bar Counsel, who promptly did nothing. I was also accused (not by Bar Counsel) of trying to use the situation as leverage for my client.
The disbarred attorney was employed by a firm owned by his brother. He was supposedly just a law clerk/claims processor. But he was absolutely making legal arguments, quite aggressively.
I did it once several years ago and regretted it. I wound up being accused by OBC of trying to use the process to further my own interests, which was BS. Those people are idiots. If I see you at the roulette table putting your trust account on black, then I would say something. Otherwise I'm Sgt. Schultz.
I see nothing, I hear nothing, and I say NOTHING!!
Ya dated yourself amigo.
I had a secretary whose attorney husband worked for a big firm. He was not allowed to do work on the side. The wife used my stationery and some rubber stamp she ordered bearing my name to settle a personal injury case. When it became clear the settlement draft would have my firm's name on it the husband signed a letter substituting his employer as the new attorney. He then told his employer he was just doing a favor for his wife's family member so the big firm allowed the settlement draft to be deposited into its trust account. I knew absolutely nothing about the settlement until all of the funds had been distributed. Upon discovering that my firm had been used, I obtained all of the correspondence from the insurance carrier and submitted it the the NSB. Bar counsel was totally apathetic and suggested I report the wife to the office of the district attorney for practicing law without a license. Bar counsel then informed me that the DA would probably not prosecute.
Unless I am missing something, it sounds like the attorney husband who worked for the big firm is smarter than you and makes more money than you, including by using your firm to increase his take. OBC probably gave him a congratulatory slap on the back for taking you!
I filed a bar complaint due to oc's actions as reported to me which appeared to be both unethical and criminal in nature. At the time I was unaware that the attorney was a friend of a friend of Bar counsel. Bar counsel directed me to call a third party to discuss a piece of the matter. I told bar counsel that I was uncomfortable doing so. Bar counsel kept insisting that I do so. I called the third party stating that I was directed to do so by bar counsel. Unbeknownst to me, I was then investigated for placing the telephone call that bar counsel demanded that I place. Fortunate for me, the third party refused to waiver from her statement that I said I called at the direction of bar counsel and not falsely representing myself as bar counsel as bar counsel was attempting to coach her into stating. I will NEVER trust bar counsel again, not ever, ever, ever!!!!! I literally placed my bar card in jeopardy by fulfilling my ethical duty and reporting when I was required to do so and by doing exactly what bar counsel repeatedly demanded that I do over my objection. My advice is RECORD every conversation you have with them. REFUSE to speak with them without another attorney present!!!! And if you speak with them only listen, say nothing. Put everything you have to say in writing and assume that they are unethical and operate accordingly!!!
Hey 3:19 are you the corrupt attorney husband or just a really smug jerk?
Rule 8.3. Reporting Professional Misconduct.
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
Eff that. Come 'n get me. Snitches get stitches where I come from.
Operative word: "knows". Based upon the denigration of the OBC since Hunterton's reign, I no longer know what is a violation because I am expected to intuit what the OBC will find to be a violation and more appropriately what the OBC will find to be a violation worthy of their time. If it is not worthy of their time to check into it, it is not worthy of my time to report it to them.
Other operative word: "substantial."
Tangential question for the group – what about reporting an attorney who isn't malicious or dishonest, but just plain BAD at being an attorney.
Like, complete failure to respond to pleadings or emails or attend an Order to Show Cause hearing which results in the client's case being dismissed.
That's for the client to file a bar complaint or a malpractice claim.
If we were playing poker against a bad player, would I call the floor to get him thrown out? Noooooo, I love bad lawyers bc they help me win!
It is not pleasant or productive to play poker against a truly bad player, nor is it easy to litigate against an incompetent opposing counsel. I think what you mean to say is that we all wish for a competent, but less able opponent than ourselves.
Nah, its fun getting a sucker to actively lose his case, leaving me to say nothing.
Rest In Peace, Scott Canepa. But still, was his investigation motivated more by wanting to eliminate a competitor or by some altruistic desire to see justice brought to a wrongdoing lawyer?
It ultimately backfired. The publicity help play into the narrative that CD lawyers were crooks and homeowners had no issues. That led to CD rights getting gutted.
While there are/were certainly some legitimate CD claims, I think most attorneys who practiced CD would agree that there's a ton of BS claims.
Not complaining, it kept me (and lots others) gainfully employed, but, y'know, arguing about 1/16" stucco cracks really wasn't the same.
Some people snitch when getting busted is inevitable and they are the first to report and point the finger so as to avoid liability. #MedicalMafia among others.
stucco cracks and weep screeds yall
Back to the Fumo/Herndon matter, it's true Herndon should not have ordered Ballou to remove the BLM pin, but to call him a white supremacist is absurd.
But what is even more absurd is to attempt to discipline someone for stating an opinion. Fumo did NOT make any specific, and clearly untrue, assertion of fact about Herndon and his conduct.
He made two remarks: (1) That Herndon required Ballou to remove the pin if she wished to proceed that day, and that is entirely true and is readily available on video of the proceeding; and (2) He offered his opinion that the Judge is a white supremacist.
I strongly disagree with his opinion, and in general I believe Herndon is one of the state's brightest and best-prepared jurors.
But it is still just an opinion. I have negative opinions of certain jurists, and in some of these cases the majority of attorneys would disagree with my opinions.
So, should I be concerned about discipline if I express those opinions?
How much of this had to do with the fact Fumo stated this at a formal UNLV club function, and thus his statement was far more readily available to the public? If he expressed it a lunch with a couple other lawyers, and they then provided affidavits that he made the remark, would he still potentially be facing discipline?
If not, then so what that it was at a UNLV club function, as opposed to a more private discussion between him and other attorneys? It's still just a general opinion–a ludicrous opinion in my view, but still just an opinion.
Running and Capping?
I have heard that the PI side is really flagrant about kickbacks, running and capping. I thought it was an overblown comment. Then, someone I know was in an accident. Within minutes after calling Metro, a woman pulled up and asked if anyone had spoken to or wanted to speak to an attorney. It was quick that either a police scanner was being used or a Metro dispatcher was given a tip off. My acquaintance asked for a business card. This business even advertises on a web site it "helps" accident people hook up with a lawyer.
In follow up to the comment threads above, good luck getting OBC to do a single thing about that. I am primarily a plaintiff-side attorney, I do not do this, but I have run into it many times.
The timing of arrival doesn't necessarily entail involvement of law enforcement, at least not in today's world. There are a number of private surveillance firms who collect and sell geolocation data to anyone who will buy it; and a number of traffic apps report accidents in basically real time.
I'm not a tech person but assume it isn't impossible to write a scraping algorithm that collects traffic-app accident data as it unfolds. Cross-reference a scraped accident location with a specific user's geolocation data and a sudden drop in speed of movement of the device sending the location signal, and you have identified not only the location of the accident but also likely the identity of someone involved in the accident. And if that's too complex, they could just monitor a traffic app in real time and have runners ready.
So, plenty of ways for the private sector to engage in this unethical practice all on their own if they wanted to.
The fact that the thread is entitled "tattle" tells you everything that you need to know about how participating in the OBC process is viewed and turns out.
Agreed, it makes me sick to think honorable people who follow the rules are labelled "snitches" or "tattle tales." If you are over the age of 9 and still use those phrases as your ethical guides then I bet you have a lot to hide.
Said the Snitch.
Are there any reports or data from the NV State Bar regarding bar complaints to OBC?
A transparent report that details information whether attorney works for solo/gov’t/large firm would be nice. Also a summary of the allegations and OBC’s decision to file a complaint or not.
I was able to get a judge to cite all the RPC's counsel violated in the order denying their fees and turned it over to the bar. They settled the case, which is a shame because it was really awful conduct – the attorney ghost lawyered for the exploiters of a senior she was supposed to be representing. (She knew the court would let the request to be guardians through if she was counsel for the protected person and stipulated to it). On the stand in her own hearing demanding fees she admitted knowing they had already stolen 500k from her client but going along with helping them get guardianship because she was scared of what they would do to the protected person. I had hoped she'd never be able to set foot in guardianship court again – the exploiters fled the country and have not been extradited yet.
Let the bank robber go, because you're too busy trying to nail people on traffic tickets.
Unless this is the dude you are busting for traffic tickets. More people killed by traffic violators than bank robbers so far. https://news3lv.com/news/instagram/driver-busted-for-going-106-mph-on-north-las-vegas-street-moments-after-speeding-ticket-citation-traffic-safety-roads-southern-nevada-nlvpd
#freethesnitches
#freebonniebulla
#fteetheobc
I hope Kim Wechsler gets her comeuppance. Saul is a saint compared to her.