Morris Hall & Kinghorn comes to town

Add Morris Hall & Kinghorn to the list of Phoenix firms invading Sin City. (Phoenix Business Journal) MHK specializes in estate planning and already has offices in the Phoenix area, Tucson and Prescott.

How long until every Vegas firm is owned by a Phoenix corporation?

Thurs-Fri Round Up

Can the Wynn mandate tip-pooling among casino dealers? The question goes to the Nevada Supreme Court (Review-Journal)

In medical legal news:
The first lawsuit has been filed against Endoscopy Center of Southern Nevada for inadvertently handing out Hepatitis C and HIV to potentially thousands of patients. More malpractice lawsuits are expected. (Las Vegas Sun) Update: several lawsuits have now been filed.

Meanwhile, the Nevada Board of Medical Examiners has taken malpractice judgment information about doctors from their website. (Review-Journal) [Wonder who they're protecting? Everyone knows Vegas has crappy medical care for a city of its size]

In casino news, the Wyndham Sugar Bay Casino in St. Thomas made the mistake of refusing to pay out a $5 million jackpot slot winner because "it's an obvious malfunction". Too bad the guy they refused was an attorney. (Vegas Tripping) [wonder how long he waited before filing the complaint?]

Audio tapes have surfaced of the Juice talking about what happened that night at Palace Station (CBS)

Federal prosecutors claimed Crazy Horse Too owner Rick Rizzolo was a mob hoodlum in court (Review-Journal)

Cheer up firm associates

Feeling overworked? Feel like going to work every day at the firm is like torture? Feel better. You could work for this motivational speaking company discussed in the Salt Lake City Tribune:

A supervisor at a motivational coaching business in Provo is accused of waterboarding an employee in front of his sales team to demonstrate that they should work as hard on sales as the employee had worked to breathe.

In a lawsuit filed last month, former Prosper, Inc. salesman Chad Hudgens alleges his managers also allowed the supervisor to draw mustaches on employees' faces, take away their chairs and beat on their desks with a wooden paddle "because it resulted in increased revenues for the company." While the motivational coach responded to the law suit by stating, "It was meant to be a team-building exercise," and "everybody was . . . involved and enthusiastic."

However, the suit claims the motivational coach "intentionally engaged in physically and emotionally abusive conduct" to punish workers who did not meet company performance goals.

Who says a career in law is the worst way to go? You could have chosen to be a motivational speaker who has to be waterboarded to get motivated.

Ultimate Las Vegas Justice?--the greatest depiction of Vegas courts ever

Tony Liker, the former city prosecutor who ran for Municipal Court Judge in 2007, is apparently starring as a t.v. Judge in a new daytime court show. The premise: Judge Liker doesn't stand for domestic violence. And if you're convicted in his dramatized Family Court, you get sentenced to time in the boxing ring with Judge Liker.

Why don't all Vegas courtrooms run this way? Genius! And by genius, I mean wtf? I thought Vegas law couldn't get any more ridiculous than Judge Halverson and Del Vecchio. Thank you Tony Liker for the new low.

Credit to Harmful Error for finding this amazing video. The You Tube preview of the show is available here and the video is posted below.

Ultimate Las Vegas Justice-Judge Tony Liker

Credit to harmfulerror.com for finding this amazing video. This may be the greatest Family Court ever. Why don't all Vegas courtrooms run this way?

Ballard Spahr profits up

Ballard Spahr Andrews & Ingersoll is up to 13 attorneys in Vegas and its national profits are up 15 percent for the year to $280 million for 2007. (Law.com)

On the lighter side of law

Apparently, living like you're in Vegas when not in Vegas will get you arrested. From the AP: a man staying in an Iowa casino hotel called down to the manager and requested a prostitute. Apparently, outside Vegas that type of talk is illegal. (AP)

On the family law front: Pamela Anderson has filed for an annulment from husband Rick Solomon, claiming this chapter of her sanctity of marriage was a fraud (Superficial)

Sorry about all the dry round-up reporting. I'll try to keep you up to date on more important news, like Pam Anderson's family law issues.

Mon, Tues, Wed Round-up (I can't help myself)

Blogging is so much more fun than family vacations in Utah, so here is the three day round up:

Sheldon Adelson, the richest Jew in the world, is visiting the homeland of Israel to face trial on charges he breached a contract with people setting up Aldeson casinos in Macau (Haaretz.com)

The Nevada Judicial Disciplinary Commissions as unanimously accepted an agreement with Judge Gates requiring him to acknowledge he made improper political donations (Review-Journal)

The Memorabilia Dealer in the O.J. case [pt 2] is now suing the collectibles broker that arranged the meeting. (Review-Journal). In the meantime, Judge Jacki Glass is refusing to postpone the trial. (Sports Illustrated)

The National Labor Relations Board says Steve Wynn can't threaten workers with being fired if they go on strike (Las Vegas Sun)

The Nevada Supreme Court has granted the couple attempting to extort Celine Dion's husband one more chance to prove their allegations that Mr. Dion committed rape. (SanDiego.com) They allege that Mr. Dion (Rene Angelil) raped the wife of the couple, Yun Kyeong Kwon Sung.

The Review-Journal has an editorial suggesting that after Judge Halverson and Judge Del Vecchio have faced allegations of unethical conduct from their court staff, judges should make sure to treat their support staff with care and respect. (Review-Journal) [Ahem . . . law firm partners, pay attention. Maybe you should give us legal secretaries a little respect as well]

Nevada's new U.S. Attorney Gary Brower seems to be settling into his role (Reno Gazette-Journal)

Clark County clerks have started the work of unsealing court records incorrectly sealed by District Court Judges (Review-Journal) [uh . . if the judges screwed up, why does the support staff have to do all the work to fix the problem?]

The ACLU is seeking to end Nevada's use of the death penalty (Las Vegas Sun). How? By challening the execution of Las Vegas killer Patrick Castillo, who was sentenced to death for the November 1998 tire-iron slaying of 86-year-old Isabelle Bernd in her Las Vegas home. [Why is it the best people are always ACLU clients?]

Good luck Bar Applicants!

In my haste to enjoy what is left of an actual winter, I completed neglected the plight of the would-be lawyer.

For those of you who are on vacation, locked away in your firm’s associate dungeon being whipped repeatedly for more billable hours, or otherwise too engrossed in work to come up for air, this is the week of the February 2008 Bar Exam.

That’s right, hundreds of recent law school grads and would-be out-of-state transplants attempt to crack into the good ole boys’ state and practice law here in the wild wild west.

If last February’s 53% pass rate is any indication, there will likely be a lot of repeat takers come July '08. Statistics have shown that there is generally a higher pass rate for the Nevada Bar for the July exam than in February.

So good luck to all the recent grads and repeat takers. And remember buggery for the crim law essay!

Also, for all you bar takers who need some stress relief, check out the post on absurd bar exam preparation techniques on abovethelaw.com.

No posts til next weekend

There wont't be any posts until next weekend everyone. Sorry about the inconvenience, but I'll be on vacation in Utah.

Gage update--to sue or not to sue (that is not a question when the negligent doctor conspires with you)

A Review-Journal editorial this weekend suggested the government's opening witness John Thalgott came off like a scumbag. The writer wonders whether that dirt will rub off on Gage or discredit Thalgott.

Dirt rub off on Gage? Wasn't he thought of as a scumbag before this trial?

Weekend Round Up (Castro, OJ, sex bias and more)

Fidel Castro chimed in this week, criticizing Vegas as a place ruled by the logic of roulette. (Vegastriping) [Fidel you forgot we're also ruled by the logic of alcohol and sex appeal. Communists are so short-sighted].

Pretial motions were filed in the OJ case [pt 2] (Bay Area 4)

Proposed NV Constitutional Amendment Proposition 13 (limiting allowable property tax raises) may be back on the ballot this year. (Review-Journal)

Female employees have filed a sex bias lawsuit against Vegas resort company Fairfield Resort alleging that male managers "formed a brotherhood of predators who bonded by terrorizing, intimidating and victimizing female employees." (Herald Tribune)

In rural Esmeralda County, the School District has relaxed its rule prohibiting high school students from speaking any language other than English [ahem . . . Spanish] on school buses (Las Vegas Sun)

The Boyd Law School at UNLV will host the Ninth Circuit appeal of former Clark County Commissioner Mary Kincaid-Chauncey on her 2006 corruption conviction (Las Vegas Sun)

Rev. Phelps and members of his Church of Hate protested the memorial service of Brianna Dennison and were escorted away from the Reno Convention Center by Reno police (Review-Journal)

Judge Weller has filed a civil complaint against everyone's favorite crazy Darren Mack. Mack shot and injured the judge during Mack's 2006 trial. The Complaint requests general, special and punitive damages totaling more than $100,000. (Review-Journal)

National Casino commentators have started discussing the low gambling taxes paid by Vegas casinos (lowest in the nation) and the Strip casino's attempt to keep any tax increase off the ballot (Online Casino Advisory)

Gage gets himself suppressed

Over in Federal Court, Judge Quackenbush heard pre-trial motions in the trial of alleged corrupt Plaintiff's attorney, Noel Gage. In one of the motions, Defense counsel asked the judge to suppress the newspaper photos of Gage being used by the U.S. Attorney.

The Las Vegas Sun reports:

But what the lawyers found most objectionable was a photo of Gage that popped up
throughout the government’s presentation. It was unflattering, they complained.
They wrote: “It is dark, grainy and at an angle, with Mr. Gage looking sideways, larger than the other head-shot photographs, irrelevant for the trial, and seeks to portray Mr. Gage as a sinister attorney.”

Schiess told the judge that he merely was using a copy of a Las Vegas Review-Journal photo of Gage taken during one of his recent interviews.

Quackenbush, however, apparently found the photo a little scary, too. He ordered the defense attorneys to provide Schiess with a better photo of Gage. It must have made Gage look too good, however, because Schiess decided against using it in his opening statement Thursday.

You gotta love that Defense counsel demanded a photo of their own client be suppressed because it made him look bad. Gage has done a pretty good job at that all by himself.

Fri Round Up

Henderson's Police Chief says everyone will have to wait until an inquest into officer conduct to find out what happened when Henderson police shot a woman last week (Las Vegas Sun)

Up North, there's an ethics inquiry into a Constable for failing to provide subpoenaed information (Review-Journal)

Congradulations to Kimberly Stein. The former partner at Flangas McMillan Law Group has been hired on as General Counsel of gaming software security company, Soma Mobile. (Tech Web) [always nice to shed those billable hours for in house money].

Indictment for Medical Center's former boss

The Las Vegas Sun and Review-Journal both ran stories today on the indictment handed down against ex-UMC boss Lacey Thomas.

From the Review-Journal:

Lacey Thomas was once hailed as a savior.
Four years later, the man county officials tapped to turn around the financially troubled University Medical Center stands charged with enriching his friends with no-work hospital contracts that cost the public hospital as much as $10 million. In an indictment made public Wednesday in District Court, Thomas was charged with five counts of theft and five counts of misconduct by a public officer.

The Las Vegas Sun reports:

A 15-month investigation into Thomas’ conduct at UMC culminated Wednesday with his indictment on five counts each of theft and misconduct of a public official for allegedly awarding lucrative no-work contracts, mostly to his Chicago friends.

Mitchell estimates UMC lost $10 million because of the alleged malfeasance. Some of the contracts were for work that should have been completed at no charge to the hospital by county agencies, Mitchell said. Others were awarded to companies that seemed to exist solely to take money from UMC.

And I thought all the potential corruption money was in the legal field. Way to step up for the Vegas doctors, Mr. Thomas.

Vegas Firms on the Rise? Buchanan Ingersoll wants to be.

National mega-firm Buchanan Ingersoll & Rooney has plans to expand in Vegas.

From Law.com:

The real estate practice was also busy with its representation of Turnberry Associates. VanKirk said the firm would probably soon have to have a
significant presence in Las Vegas if for nothing else but its work with
Turnberry.

And in other news, nationally the firm isn't doing too bad:

The firm's gross revenue grew by nearly 4 percent from $271.3 million in 2006 to $282.1 million in 2007 and its revenue per lawyer increased by 3.1 percent from $537,000 in 2006 to $554,000 in 2007. Average compensation per partner rose by 6.8 percent from about $416,000 in 2006 to $445,000 in 2007.

Thurs Round Up

The Review-Journal has a story about the emotional state of parents when their child is accused of murder based on their reporter's conversation with the family of alleged juvenile killer Gerald Davison. (Review-Journal)

Meanwhile, the Las Vegas Sun is running a story about Zyber Selimaj's version of what happened the night the Henderson police shot his wife. While the police claim she had a knife, Mr. Selimaj claims she was on her knees with her hands up when she was shot. (Las Vegas Sun)

On the strip, the IRS is investigating Pure Nightclub. (Review-Journal)

And in sports, mixed martial artist Randy Couture has been blocked from competing against his own Ivan Drago [see Rocky IV] by UFC (Las Vegas Sun)

More Alverson Taylor fun

UPDATE:
My original tip of the number of associates who have left Alverson Taylor was low. Apparently, 8 associates have left since the firm changed its compensation policy. That's 8 associates out of a firm of around 40 attorneys. So 20% of their staff have left the firm over the new pay-by-billable hour policy. That might give another firm pause, but I guess Alverson Taylor is so used to associates leaving the sweatshop that they have prepared to lose 20% of their attorneys.

Original Post:
Why does Alverson Taylor get so much attention? Because they provide the most fodder for blog posts. First, 5 of the 40 (or so) attorneys at the firm bailed as a result of Alverson Taylor's change in compensation method to hourly payment by hours billed. Meaning that approximately 1/8 of the associates have quit the firm due to the removal of traditional salary compensation for a by-the-billable-hour method.

If that wasn't enough news, apparently Alverson Taylor represents the "one person who can save this county". In a You Tube post, a woman named Honey Siegel dictates a video letter to the firm demanding that they revive a corporation named "People Against Corruption". Then, once the video letter to Alverson Taylor is complete, Ms. Siegel then turns her address to President Bush and states that she now controls AT&T and Country Wide Home Loans and will do good for the country. Indeed, her You Tube home page indicates she is "the one person who can save our country."

Uh. . . I'm pretty sure posting communications with your attorney publicly online may destroy any claims of attorney-client privilege.

Video of Ms. Siegel embedded in the post below.

Video Letter To Alverson,Taylor, Mortensen and Sanders

From Ms. Siegel, the woman who can save our country and apparent client of Alverson Taylor

Wed Round Up (Juvenile shooters, Drug Court, corrupt doctors and Judge Halverson)

Alleged 16 yr old shooter in high school killing will be tried as an adult (CBS Affiliate)

Retired Judge Lehman was celebrated recently for his role in founding Nevada's Drug Court (Review-Journal)

Former University Medical Center boss Lacey Thomas was indicted on 10 felonies (Nevada Appeal) [Nice to see Nevada doctors joining the lawyers in ignoring any ethical code. It's what make this state great]

The Judicial Disciplinary Commission took the next step in its case against tons of fun jurist Judge Halverson by filing an answer to the Judge's request that the charges against her be dropped. (Review-Journal)

Let's get ready to Rumble! The Roundup

The trial of Personal Injury attorney Noel Gage began today and Gage remains positive that he'll be acquitted. After allegedly gerry-rigging medical records for Plaintiffs and allegedly changing their treatment to make for a better Plaintiff's case, this is partially a trial of how much shit Nevada courts will allow from its attorneys. (Local ABC Affiliate)

What the hell is happening to Nevada and our libertarian, freewheeling idea? First, we vote down a measure to legalize marijuana and now we're limiting who gets to receive the traditional quickie Nevada divorce (Las Vegas Sun). Combine that with the Hookers for Jesus, and what the hell is happening to this state?

Sad profile of the Urbanski family's continuing hunt for justice in the Pacman Jones strip club death case. (Las Vegas Sun)

Everybody's favorite psycho, Darren Mack, is asking to withdraw his guilty pleas (Reno Gazette Journal)

Editorial today calls for Justice Court Judges to find other alternative before requesting a new courthouse and a night court (Las Vegas Sun)

And, up in Reno, the District Attorney is looking to use a nuisance ordinance to trap gangs (Nevada Appeal)

Where did all the Justices of the Peace go?

Justices of the Peace want a night court for Vegas. Prosecutors want the Justices of the Peace to change their schedules.

The Las Vegas Sun reports:

On weekday afternoons, most of the courtrooms of Las Vegas’ 10 elected justices of the peace are among the quietest areas of the Regional Justice Center — a stark contrast to the heavy pedestrian traffic jamming those courtrooms before the lunch hour.

Most of the justices of the peace, whose salaries range from $128,700 to $154,440, simply don’t hold court after lunch each day — a pattern courthouse officials and those who work with them acknowledge has become the norm.

“If you’re trying to get a search warrant signed in the afternoon, the Regional Justice Center is not the place to go,” said Chris Collins, executive director of the Las Vegas Police Protective Association, the union that represents Metro Police officers. “You have to go find the justices of the peace wherever they are.” Collins said he was unsure where that typically is.

The Justice Courts stand empty in the afternoons even as court officials lobby to build a new tower of courtrooms near the 17-story Regional Justice Center — at an expected cost well over $200 million. New space, the officials say, is needed to accommodate a mounting caseload.Las Vegas Justice Court, which is a step below District Court in the state judicial system, is to add two judges in January. The plan also involves adding ­two courtrooms expected to cost at least $1.5 million each.

Far be for me to not criticize Vegas judges, but don't the Justices of the Peace need time to prepare for a full schedule of court the next day? Maybe the reporter should have checked with some of the Justices of the Peace and asked how they spend their afternoons.

I love a good scandal, but this isn't even a tempest in a teapot until either party takes the next step. It's just a half assed reporting job.

Vegas firms destined for this kind of money?

East Coast mega firm Skadden joined fellow mega firm Latham in the $2 Billion revenue club (ABA Journal).

My question, when are Vegas firms gonna step up? I know our firms are smaller, but we have the casinos. Take your million dollar revenues to the roulette table and put it all on black.

Judicial Election 2008-update

Apparently Clark County lawyers have something to say about their judges. The Review-Journal is reporting a record number of attorneys are participating in its judicial survey. Included in the survey is whether Clark Co. lawyers think Nevada judges should continue to be elected.

As of now, here's the current list of judicial candidates (courtesy of the Review Journal).

In the meantime, the Review-Journal has an editorial decrying the fact that Judge Del Vecchio is still on the bench and another lamenting that public corruption "will always be with us".

Sunday round up

All the legal news that's fit to blog:

UNLV will double law school tuition for residents and non-residents for 2009-10 (In Business Las Vegas) I guess when you break into the top 100 of law school rankings, you make the law students pay.

Congratulations to Dustin Clark on being hired on as an associate by Fisher & Phillips. [not bad Dustin, not bad] (Review-Journal)

News that Lake Mead will be dry by 2013, will probably start the next round interstate water rights litigation and Mayor Goodman leads the charge saying Vegas will just take California farmer water if it has to. (MyDesert.com)

The ACLU is challenging Nevada's new petition rules in federal court as Unconstitutional (Nevada Appeal). Sounds a lot like last time the Ninth Circuit struck down our petition rules (Review Journal).

In the meantime, Judge Maddox in Carson City tossed an ballot initiatives on this year's ballot allowing voters to choose whether to tax casinos to fund schools in the state because the ballot measures did not comply with state law (Reno Gazette-Journal)

And the Nevada Supreme Court held that the intent to felony inherent in felony murder must occur before the killing, reversing Justice Saitta's decision when she sat on the District Court that intent to rob after a killing can form the intent needed for felony murder (Nevada Appeal)

Del Vecchio will not have cases taken from him (yet)

Harmful Error reports that the Eighth Judicial Circuit issued a statement that Judge Hardcastle has not (yet) made the decision to remove Judge Del Vecchio's caseload while he defends himself against allegations that he raped his step-daughter when she was 14 years old.

In the meantime, public outrage that the Judge remains on the bench is growing as there are editorials in the Review-Journal and Las Vegas Sun calling for the Judge to remove himself or be removed.

Del Vecchio helps Nevada make national news

Yesterday, Judge Del Vecchio helped the Silver State make national news when he was named the Judge of the Day by national law tabloid abovethelaw.com.

In other Del Vecchio news, the Review-Journal is running an editorial discussing the judge's chance at re-election in the face of 38 charges of ethics violations and allegations he raped his step-daughter.

Good luck on that election Judge Del Vecchio--maybe if you put up more signs . . .

[see sign from Del Vecchio's prior attempt to get on the Supreme Court above]

Wed-Thurs Round Up

All the Nevada News that can't generate a full post:

Las Vegas wedding chapels launch a PR campaign to show their "squeaky clean" image and combat the stories of aggressive solicitation at the courthouse and news that at least one chapel failed to file marriage certificates for customers (Las Vegas Sun)

Nevada's Public Safety Director, Phil Galeoto, is stepping down after allegations he "mishandled" an investigation into a police evidence locker's missing guns and money (Las Vegas Sun)

Carson City Justice of the Peace John Tatro was elected president of the Nevada Judges Association (Nevada Appeal)

Threats against Nevada Judges have increased prompting new safety protocols in Washoe County (Reno Gazette-Journal)

O.J. Simpson's jail video will soon be aired (Las Vegas Sun)

Bystanders to a biker brawl in Laughlin are trying to keep their lawsuit against Harrah's alive, claiming the casino failed to warn patrons of the impending clash (Review-Journal)

In Federal Court today, the racketeering case begins against Vegas gang members (Review-Journal)

Alleged underage statutory rape victim of Judge Del Vecchio was his step-daughter/No criminal charges filed/ 18 month delay on Disciplinary Complaint

[A little blog love before jumping into the update of alleged statutory rapist Judge Del Vecchio. Jonell over at Harmful Error has done a great job tracking updates for this story and deserves a lot of the credit for whatever's being posted here.]

An update on the Judge Del Vecchio story:

On Monday, the Clark County District Attorney's office confirmed that it is not pursuing charges against Judge Del Vecchio on the allegation that he had sex with a 14 year old girl.

Harmful Error reports:

The AP reports that the DA has concluded that criminal charges would be barred by the statute of limitations and notes that the woman who is the alleged victim of the alleged attacks is now 28 years old . . .

[Judge Del Vecchio] denies the allegations and asserts that the Clark County Office of Diversity investigated many of the same allegations and cleared him of all charges.

While Chief Judge Kathy Hardcastle can't remove Del Vecchio from the bench, a decision that can only be made by the Nevada Judicial Disciplinary Commission, the Las Vegas Review-Journal reports the Chief Judge may take steps to remove Judge Del Vecchio's caseload and practically ensure that he hears no cases until the Judicial Disciplinary Commission will act.

And today, the slow-moving Judicial Disciplinary Commission finally filed a Complaint against Judge Del Vecchio. Harmful Error posted the highlights:

Count 1 - charges that Del Vecchio made his 14 year old step-daughter perform fellatio on him; he provided financial assistance to her for nude modeling when she was 15 to 17 years old; and he took nude photographs of her when she was between the ages of 14 and 16. He later apologized to her for these actions . . . he hired her as his Judicial Assistant. He advised her that she needed to work on his re-election campaign in 2002. In 2003, he advised her that she needed to have sexual relations with him in order to keep her job. They then had sexual relations once a month from April to the end of the year of 2003. He provided alcohol as she needed to be drunk to engage in the sexual relations.

Count 2: The former step-daughter began attending law school in autumn, 2003. Del Vecchio asked Chief Judge Hardcastle to allow her to work a flexible schedule as a Judicial Assistant to accommodate her law school schedule, but Judge Hardcastle said that a flex schedule was not permissible. Del Vecchio permitted her to work a flex
schedule and attend law school classes during the day in exchange for having
sexual relations with him.

In addition, the Complaint alleges that the Judge made audio recordings of the sexual sessions without the her permission.

Finally, Harmful Error posts on the 18 month delay in filing the Disciplinary Complaint:

The delay here, however, seems especially egregious. If in fact Del Vecchio committed these acts, he should have been off of the bench years ago. If he did not commit these acts, the Commission has raised these issues in an election year and will no doubt heavily influence the election by its actions as it is doubtful that the issues will be resolved prior to the primary.

All in all, while statutory rape of a step-daughter may be a new low for the Nevada judiciary, the lack of prosecution and extremely slow disciplinary action seems par for the course in a state where there's no real ethical oversight for judges or attorneys (except in theory).

Meanwhile, I'm doubting the Judiciary delayed or debated about prosecuting the Lake Tahoe teacher for possessing child pornography (Nevada Appeal).

Other Monday Vegas news

Prosecutor Cynthia Leung has been temporarily appointed to take Judge Toy Gregory's seat on the Municipal Court to the dismay of many criminal defense counsel in town (Las Vegas Sun).

A lawuit filed in Federal Court in Denver names several Las Vegas residents as principals of a legal services business created to swindle the poor (LA Times).

Heavy Hitter commercial acceptable under new rules

The 4 ft 10" tall Heavy Hitter's commercial that aired during the Superbowl is acceptable under the new Nevada Supreme Court rules for attorney advertising:

The Review-Journal reports:

Less than a year ago, commercials like this might have raised eyebrows with state officials. Nevada had banned lawyer ads deemed as dramatizations. Commercials that "created suspense" or contained endorsements were also banned.

But no more.

The Nevada Supreme Court repealed the rules last year. As of Sept. 1, ads like Lerner's Super Bowl commercial are now allowed to be broadcast. The state Supreme Court cited First Amendment concerns for changing the rules.

"Taste is something we cannot govern without infringing on First Amendment rights," Justice James Hardesty said at the time. "So restrictions on taste will be eliminated."

The commercial made me think of two things:1) why doesn't the Little Hitter have the thick Boston accent of Glen Lerner?2) if truth in advertising is required, shouldn't the commercial inform potential clients that Mr. Lerner might not show up for their trial if he's busy living the life of a rock star?

Allegations that Clark Co. Judge had sex with 14 yr old

A Complaint has been filed with the Judicial Disciplinary Commission alleging Family Court Judge Nicholas Del Vecchio had improper sexual conduct with many attorneys in his courtroom and one 14 year old girl.

The Las Vegas CBS affiliate reports:

The most disturbing allegations, inside this 38-count formal statement of charges, involve the daughter of a woman described as Del Vecchio's girlfriend -- who was also an employee at his private law firm.

The complaint says Del Vecchio made the girl, who was 14 at the time, perform oral sex on him. It also alleges the judge took nude pictures of the girl when she was between 14 and 16-years-old.

The girl went on to law school and, in 2002, was hired as the judge's executive assistant.

While in that job, the complaint says Del Vecchio made it clear to the woman that she would have to have sex with him in order to keep her job. It also says those encounters happened during work hours and were recorded on audio tape.

Apparently, when the unnamed molestee turned law clerk cut off sexual conduct, the judge became retaliatory.

Wow. Um, is this a new potential low for the Vegas bench?
(Credit to Harmful Error for spotting the story).

Darren Mack Sentenced to Life

Judge Dogulas Herndon sentenced Darren Mack today in Reno.

Nevada Appeal reports:

A Reno judge has sentenced Darren Mack to life with the possibility of parole for the murder of his wife.Mack received life with the possibility of parole after 20 years for the murder of his wife Charla and 20 years with the possibility of parole after 8 for the attempted murder of Judge Chuck Weller. Those sentences will run consecutively.He also received a sentence of 20 years with the possibility of parole after 8 years for the use of a deadly weapon in the commission of the crimes.

While that is the maximum sentence under Nevada law, it leaves Mack eligible for parole in 36 years. Good news ladies, if you're willing to wait 36 years, Darren Mack might give you an engagement ring before he decapitates you.

Former Commissioner Boggs' burden gets a little lighter

Today, District Judge Donald Mosley dropped two of the felony charges against former Clark County Commissioner Lynette Boggs.

The Review-Journal reports:

Mosley dropped one count of perjury and one count of filing a false document. He said Boggs didn't intentionally lie when she paid a baby sitter $1,230 and listed the baby sitter as a “special events” campaign expense. “I don't think it’s been shown that there was a willful desire on the part of the defendant to mislead,” he said. Boggs is still facing one count of filing a false document and one count of perjury on allegations that she lived in a house outside her commission district and lied about it.

New Player in Town steals from Snell & Wilmer

The Los Angeles firm of Christensen, Glaser, Fink, Jacobs, Weil & Shapiro LLC has been doing business in Vegas for awhile. It's clients include Kirk Kerkorian, MGM Mirage, CityCenter, Diamond Resorts International and American Nevada.

The firm had never had a Vegas office, however, until it snaked Jim Mace from Snell & Wilmer's Vegas office. Mace, the former head of Snell & Wilmer's Real Estate, Energy and Finance Law practice group recently agreed to join Christensen Glaser. Mace's clientele includes Turnberry Ltd. and the Trump Organization.

Business Wire reports:

Joining Mr. Mace as a partner in Christensen Glaser’s Las Vegas office will be Las Vegas native Mandy S. Shavinsky; Joseph F. Schmitt and six other lawyers who will be joining the firm as associates. Both Ms. Shavinsky and Mr. Schmitt worked with Mr. Mace at Snell & Wilmer.

Christensen Glaser’s past work in Las Vegas includes landmark litigation and such historic transactions as MGM MIRAGE’s acquisitions of the Mirage Resorts and Mandalay Resort Group assets. In addition, Christensen Glaser was involved in the sale or purchase of such iconic Las Vegas landmarks as Caesars Palace, the Desert Inn, the Sands, the Stardust, the Fremont and the Marina. In the litigation arena, in the early 1980s, the firm represented MGM Grand, Inc. in fire-related litigation arising out of the tragic 1980 fire at the former MGM Grand. Since then, the Firm has regularly handled litigation in a variety of businesses, including construction defect claims, disputes with insurers, breach of contract claims and securities
litigation.

Vegas continues to grow its number of mega out of state firms interested in stealing local counsel. Maybe all the new firms will help raise the median pay in town. NALP has Christensen Glaser starting new associates at $135,000 and no minimum billable requirement!

Congrads to Christensen Glaser on its successful theft and new office.

Other odd ball Nevada law news (Darren Mack, drunk PD, horse tripping, Heavy Hitter, Scientology tax breaks, mortgage crisis, judicial elections)

Fri wrap-up:

Crazy defendant-of-the-moment, Darren Mack, explained in court that when he almost completely severed his wife's head from her body, it was an act of self-defense (Review-Journal)

Two Clark County Public Defenders were arrested last weekend from the same car. One for suspected drunk driving, the other for obstruction. [They better hope they can afford private counsel. Clark County PDs are overloaded.] (Review-Journal)

Horse tripping is now illegal in Lyon County (Nevada Appeal)

An annonymous editorial calls on the Nevada State Bar to sanction the 4 ft 10" Heavy Hitter for his Super Bowl ad (Review-Journal)

At the U.S. Ninth Circuit Court of Appeals, a Jewish couple is attempting to claim a tax break reserved by the IRS for the Church of Scientology (New York Sun; Audio link to argument available at How Appealing)

The financial geniuses who helped create the mortgage crisis while getting rich off the risky deals hit Vegas over the weekend to relax after receiving so much bad publicity (NY Times). At the same time, the median price for a Vegas home dropped below $250k--the lowest price since 2004 (Las Vegas Sun)

Only one of the candidates running to unseat a Supreme Court justice is currently a judge (Las Vegas Sun)

Best place to be a partner?

I haven't attempted to do a survey of partnership benefits, but I got a tip that Thorndal Armstrong Delk Balkenbush & Eisinger is the best place in town to be a partner. In addition the salaries and equity benefits offered to partners at other firms, the Thorndal partners drive leased luxury cars and the firm picks up the lease tab.

Not a bad perk for working long hours, never seeing your family and having to be a lawyer for decades. I wonder what the secretaries get?

Don't Talk While the Judge is Speaking

The Las Vegas Review-Journal has an interesting semi-profile of U.S. District Judge Justin Quackenbush today. Judge Quackenbush is a senior judge based in Spokane, Washington, but his quirks make him a Vegas visitor worth following.

Apparently one of the judges pet peeves is when attorneys speak while he is talking:

[Judge] Quackenbush was speaking when [Assistant U.S. Attorney Steve] Myhre leaned to whisper something to another prosecutor at the table. Quackenbush stopped talking. He waited until Myhre stopped talking, then said coolly, "Are you done?" before resuming his own comments

The judicial smackdown occurred during pre-trial proceedings in the Noel Gage attorney conspiracy matter, which is scheduled to start in Las Vegas on February 19. The article continued:

Quackenbush, born in 1929, was appointed to the bench by President Carter in 1980. The judge has had senior status since 1995 and travels around taking cases where local judges have conflicts.

The word quirky is often used to describe Quackenbush because he tends to muse aloud about what's on his mind.

For instance, early on, he admitted he had trouble understanding the government's case. (If he can't follow the machinations, how can jurors?) But in the Jan. 18 pretrial hearing, he said a chronology helped him understand the government's allegations of "an unholy cabal, a doctor-lawyer conspiracy." I don't know of many judges who would admit to initially not understanding a case.

Forget O.J. That drama is sooooo 1994. This case has got it all--sharp and quirky judge, [allegedly] crooked attorneys and [allegedly] crooked doctors all working to [allegedly] screw their Plaintiff clients. Get your seats early before the courthouse starts selling tickets.

Other News (ACLU, Dog Food)

In other Vegas legal news:

The ACLU is stepping up the defend the right of disgruntled Vegas fiancees to picket cheap jewlery stores (L.A. Times)

If you're dog or was poisoned from tainted pet food last summer, Las Vegas based ChemNutra Inc. may be to blame. The company was indicted yesterday for alleged misbranding of food put into interstate commerce. The Las Vegas Sun reports:

The indictment says that although the United States has no coordinated way to track pet deaths, the Food and Drug Administration estimates that 1,950 cats and 2,200 dogs died from eating contaminated pet food in 2007.

Miss Nevada is a Winner

Soon to be Defendant, and former Miss Nevada, Katie Rees was arrested in Vegas last night.

CBS News reports:

Officers tell Eyewitness News that when she was stopped, it turned out she was driving on a suspended license and had expired tags.

When the officer told her she could not drive away, police say Rees became violent, hitting and kicking the officer. Rees was arrested for the traffic violations and for resisting arrest.

If the name sounds familiar and you're not a follower of the pageant circuit, it's because Ms. Rees is the beauty queen who was dethroned when party photos of her kissing other women and taking off her clothes surfaced on the net.

God I love pageant girls, they make the best defendants.

Careful where you protest, you could go to jail

A Las Vegas woman is serving two days in jail this week for violating a court order prohibiting her from picketing a jewlery store. Apparently, Diana Bickel, became disenchanted with the Tower of Jewels after the diamond the store set in her engagement ring fell out one month later. When discussion of the faulty installation reached an impasse, Bickel took to the sidewalk in front of the store with signs that read, "I have a problem with Tower of Jewels," and "I want my cash back Jack."

Problem is, the sidewalk in front of the Sahara Ave jewlery store is private property.

The Las Vegas Review-Journal reports:

Diana Bickel claims she was exercising her First Amendment rights last month when she picketed a Las Vegas jewelry store to complain that she received poor service when she had a heart-shaped diamond set in an engagement ring.

Not only did District Judge Susan Johnson disagree with Bickel on Tuesday, but she sent her to jail. While Bickel serves a two-day sentence, her attorneys vow to take her plight to federal court. "It's ridiculous," said attorney Barry Levinson, who was stunned when his client was carted off to jail. "I'll be damned if I am going to let a judge violate someone's constitutional right."

The dispute landed in District Court last month, when Johnson had to determine whether Bickel had a right to use the sidewalk as a public forum from which to exercise her right to free speech or whether she was trespassing.

To solve the alleged trespassing, Judge Johnson issued a court order restricting the picketing to the public sidewalk on the other side of Sahara. Bickel also agreed to stop picketing until the First Amendment issue was resolved in Federal Court.

But Bickel returned twice. Rather than picketing in front of the store, she hoisted her signs and walked from the corner on the north side of Sahara into the middle of the road, each time obeying the pedestrian traffic signal.

"The fact that she is walking across the street, pressing a little button to cross back across the street -- there is nothing wrong with that," Levinson said.

On Tuesday, Johnson ruled that Bickel violated her court order to stay away from the business or impede customers visiting the jewelry store.

Other cities have civil rights disputes over racial or class discrimination. In Vegas, our First Amendment fights boil down to diamonds and poorly crafted jewlery.

Wed Vegas Roundup (Heavy Hitter, Muni Ct problems, and courthouse elevators)

Been a slow week on the gossip front, but luckily it's still Sin City and always has its fair share of quriky legal stories:

The Nevada Bar Association has received a formal Complaint against the heavy hitting, 4 ft 10" Glen Lerner for his decision to skip the first day his client's murder trial (Las Vegas Review-Journal).

Judges and convicts share elevators at the overburdened Clark Co. District Court (Las Vegas Sun)

New Municipal Court Judges will have the enjoyment of figuring out how to get improvrished defendants an attorney without appointing lawyers or overburdening the county's swamped Public Defenders (Las Vegas Sun)

Supreme Court asks what lawyers think of Clark County judges, but can they handle the answers?

In what some are suggesting is a sign the Nevada Supreme Court may actually be interested in cleaning up some of the ethical dirt on the Clark County bench, the Nevada Supreme Court has asked lawyers to rate local judges.

The Las Vegas Review-Journal reports:

Lawyers who practice in Clark County have been asked to rate local judges and Nevada Supreme Court justices in the 2008 Judicial Performance Evaluation.

Rating highlights will be published in the Review-Journal later this year, well before the elections in which several judges face challengers, and complete results will be published on the newspaper's Web site . . .

Chief Justice Mark Gibbons of the Nevada Supreme Court urged attorneys to "give their honest observations," adding, "As the judiciary we invite constructive comment
as a way to help us improve our court system."

If the comments from the attorneys in my office are any indication, the Supreme Court will get a mouthful about donations to sitting judges, questionable ethics, and Judge Halverson.

Thanks for the Response

Last week I asked any interested associates to send in questions for Legal Recruiter Jordan Ross of Ross Legal about legal recruiting and headhunting. The number of emails you sent in was overwhelming. I guess a lot of attorneys are on move, or at least want to be.

I will send along your questions to Mr. Ross and should have an answer for all those "how to get hired" questions in the next week or two. So tune in!

Sat Random Legal Wrap Up

The small, but quirky Vegas roundup

The Juice wants to make sure no one mentions Nicole's murder (i.e. O.J. trial 1) during O.J. trial (redux) (Reno Gazette-Journal)

Waiving attorney-client privilege may not have been the smartest move for Darren Mack. The Prosecution has introduced several attorney-client communications and attorney memos, including one concluding Mack had a level of paranoia comparable to the unibomber. (Kolo Channel 8)

Not everything is legal in Clark County. Las Vegas City Life chronicles several of odder legal prohibitions still on the books.

Ask a Legal Recruiter

Next week, wildwildlaw will offer a special treat to all its associate readers: Legal Recruiter Jordan Ross of Ross Legal will be answering your questions about legal recruiting and headhunting.

Mr. Ross is a member of National Association of Legal Search Consultants and principal of Ross Legal, a legal recruiting agency focusing on Nevada law. Wildwildlaw will be picking his brain on behalf of hungry Vegas and NV attorneys anxious to get out of their firm and move on to greener pastures (i.e. pastures carpeted in dollars otherwise known as big law firms) and asking questions about the legal recruiting process in general.

Is there something you've been wanting to ask a recruiter? Send any questions you'd like posed to Jordan Ross to nevadalegal@gmail.com and I'll make sure your question makes it into the interview.

Supreme Court victory for strippers

I figured a lot of lawyers in town would be interested in this NV Supreme Court ruling since it involves strippers and strip clubs.

Yesterday, the Nevada Supreme Court ruled 3-0 yesterday that attorney Mick Rusing may bring a class action lawsuit against Vegas strip clubs on behalf of strippers.

The Review-Journal reports:

Many of the estimated 10,000 strippers in Las Vegas pay a fee to dance at clubs and sign agreements classifying themselves as independent contractors. They receive no pay or benefits and earn only tips.

"This is going to force employers to stop living off the backs of these women," said Sean Brearcliffe, a lawyer at Rusing's firm. "Some of the clubs don't pay them anything and force them to pay as much as $50 to $100 per hour out of their tips. Nevada law does not let employers take tips earned by their employees." Brearcliffe, who worked with Rusing on the case, said that in coming months he plans to file a class-action lawsuit in District Court to force strip clubs to hire dancers as they do other employees.

However, all Vegas strippers may not be happy with the proposed change in employment classification:

Inside the Spearmint Rhino topless club in Las Vegas, some dancers said they do not support a move to become club employees. They prefer, the strippers said, to work as independent contractors.

One dancer, who said her name is Nicole, said she makes more money now than she ever would on an hourly wage.

Clad in a tight black T-shirt, black stockings and a mini-skirt that covered only the top of her backside, Nicole asked: "Why would I want to make six dollars an hour when I can make $500 an hour now?"

Three things:

1) I can't believe the club owners have gotten away with taking tips for so long without an attorney challenging the practice on a contingent fee basis (30% of lap dances post-verdict to go to the firm).

2) $500-$1000 an hour? Why did I go to college?

3) Attention attorneys: club owners says they will have to raise drink prices and entrance fees if the strippers become classified as employees. Better get it while the gettin's good boys!

Random legal wrap-up (Vegas for felons, Halverson update, OJ , and Monte Carlo fire update)

Presenting updates on the quirky Vegas cases that don't merit a full post:

Where do fleeing Florida felons go? Vegas, of course:
Vegas police arrest of felon on the run for 30 years (Vegas CBS affiliate)

In Halverson news:
The Judicial Disciplinary Commission denied Judge Halverson's request to stay her disciplinary proceeding. (Las Vegas Review-Journal)

And in the O.J. trial (redux):
The Juice's co-Defendant Charles Ehrlich is asking for a separate trial claiming he can't get a fair trial with the media frenzy surrounding the case. (Sign on San Diego)

Finally, investigators of the Monte Carlo fire have determined the construction workers are to blame for the fire on top of the casino-hotel last week. Wonder how many Defendants there will be in future lawsuit? (Las Vegas Review-Journal)