Sidebar: Welcome 2010

Another nice and easy Sidebar for your holiday season. We'll even make it a two part sidebar so that I can take the day off tomorrow.

1. What is everyone doing to celebrate New Year's Eve?
2. What are your New Year's resolutions?

Sidebar: Navarro's Nomination

Let's keep this one simple.

If we, the WWL readers, were confirming Navarro, would you vote for her or against her?

If you are voting against her, please tell us why and tell us who your alternate nominee would be. (Politics, gender, etc. do not matter in the world of Sidebars today.)

We Have A Winner ...

In an surprise move (at least according to the comments we've received) on Christmas Eve, President Obama nominated Clark County Chief Deputy District Attorney Gloria Navarro to fill the federal district court seat left vacant by Brian Sandoval in September.

Navarro beat out Judge Cadish and other unknown candidates for the position. Congratulations, Judge Navarro, you are now untouchable. Our condolences to Judge Cadish, who would have surely won the spot if the decision were based upon the candidate with the best perm.

On a side note, Judge Navarro shares her name with the current Miss Cougar America. Coincidence?

(LV Sun)

Sidebar: Santa Baby

Yesterday, we aired our grievances and I was a big bad meanie with an unhealthy respect for classic comedy of the 90s. Chilling expression and everything. Since it's too hot in the gossip kitchen, I'd better turn it over to a man today.

Santa.

What's on your holiday wish list this year? I'm sure some of these responses will probably be cut and paste from the spam messages that I get. (i.e., Viagra cheap rolex lady pleasure.)

But let's give it a try anyway.

Sidebar: Happy Festivus

It is almost time for dinner on Festivus. That means that the time for the Airing of Grievances is near.

I'll start.

To the person who said I got a hydrocolonic for a bonus, I don't like you.

To the person(s) who request to see my tits on a regular basis - I'm pretty sure that you are law students who aren't getting any, but that sort of attitude is not going to serve you well in later life when I'm your boss and you can't stop staring at my perky bosom. You're going to get labeled the creepy associate and then I'll push for you to be fired. Me > You = I win. (And take note that no one ever asks Joe to whip it out. Show some class.)

To the commenters who are really obsessed with Miley. You have no shot regardless of if it works out with her and Eviler Ed. I am guessing that you are the same boob-fixaters that say things about me. There are lady lawyers and judges and it is about time to accept that some of us are really smoking hot.

To the commenters to who hate either LU or Shark Pimp - you do not like a little dose of reality, do you?

Wow. I feel a lot better. It's your turn now. Please take to the comments to air your grievances. I know, I know, I suck. Girls are dumb and have boobies and you want to see them, but they won't let you. People who are smarter than you make you uncomfortable. Get it all out! Happy Festivus for the rest of us!

Christmas Break

We will be posting sporadically through the next couple of weeks. News is slow, and we're trying to get off the naughty list.

Maybe we can convince Elle to post a couple of her Sidebars to keep us busy ... that is, if we can get her away from the "egg nog."

Merry Christmas, Happy New Year, and keep those tips (and Libo pictures) coming.

Christmas Party Report 2009

Thanks to your tips, here are the results of our 2009 Christmas party survey:

Firm	Location	Notes
Brownstein Hyatt	TI	Open bar (watch out for the crazies).
Marquis & Aurbach	LV Paiute Golf Resort	Bus service for the boozers.
Kaempfer Crowell	Dinner at Managing Partner's House	Open bar, party gifts, transportation for the boozers, Reno office flown in for the evening and put up at a hotel.
Santoro Driggs	Encore	Open bar.
Alverson Taylor	ATMS Basement	Party is at noon on Christmas Eve.
Mainor Eglet Cottle	Vacant Penthouse @ Queensridge Towers	Open bar.
Lewis Brisbois	No party, but no work on Christmas Eve.	+ 8.o Billable Hours
Richard Harris	No (Christmas) cruise this year.	Bunch of ingrates! Half the money spent on last year's cruise goes to charity.
Jones Vargas	No party for you!	Bah humbug.
Bowler Dixon	What else ... BOWLing.	Boulder Bowl in Boulder City ... unlimited food and bowling.
Bremer Whyte	Upscale bowling.	Red Rock VIP Lanes. We're calling this one our winner this year ... very cool. Congrats BWBO!
CPK	The Four Seasons	Open Bar, raffle for cash and vacations, we'd expect nothing less from the party king himself.

When in doubt ... bowl! Some firms got a little budget-creative this year, and we like it. We'd much rather hang out with our office mates at the lanes (where we're sure to embarrass ourselves) that attend some stuffy booze-fest where we have to worry about embarrassing ourselves. Good on ya to those firms that chose fun over fancy this year!

Murphy Gives Old Man Luck A Shove

The Binion murder predates WWL, so if you are new to the scene, you can catch up here. For those of you familiar with the story, hold on to your hats.

Not happy with simply getting away with murder, Sandy Murphy has gone ahead and sued the State for false imprisonment and malicious prosecution.

From the LV Sun:

In a lawsuit filed in Clark County District Court on Tuesday, Murphy claims she has been “rejected for numerous opportunities for employment for which she would otherwise be qualified” because she is considered a felon.

In the suit, she claims her lawyer failed to call a Nye County sheriff’s deputy who testified at a preliminary hearing on Aug. 23, 1999, to testify at trial — testimony she claims would have led jurors to a different verdict.

How exactly does Murphy's claim that her counsel screwed up have anything to do with the State maliciously prosecuting her? Are we missing something here?

(LV Sun)

Friday Open Thread

You want the open thread?!

You can't handle the open thread!

Sidebar: Hookin' Up The Help

Behind every great attorney is a great secretary administrative assistant. But what, in these down times, do you get for that special helper in your life when the holidays roll around?

Do you go with the scented candle, the bag-o-crackers, or the old standby: the gift card? If you do give a gift card, how much? Do you give anything at all? (First person to say their gift is "another year of employment" will be crowned WWL Douche-of-the-Day).

We want to know what all you big shots are giving to that special (hopefully) lady in your life. (No offense to you men, but really - if legal secretary is where you saw your career path heading, you should have made a U-turn a long time ago).

A Peek Under The Ticket-Busting Curtain

Las Vegas Business Press posted an interesting article featuring interviews with both Richard Harris and Adam Stokes (turn down the volume on your computer before you follow that Stokes link - trust us) regarding their respective ticket-busting endeavors.

According to the article, Justice Court collected $36 Million in ticket revenue in 2009. That doesn't include the revenue from Municipal Court, Henderson, North Las Vegas, etc. If you've ever wondered why we have so many ticket-busting firms - there's your answer.

Both attorneys were asked how they go about negotiating tickets for clients. Harris seems to take the more-citations-is-better approach:

"Many of these violations are in packages," Harris said. "Some motorists could be hit with several citations. They could include improper lane change, no insurance, signals -- I remember one client had seven. When we have this many, we can negotiate, and we do a good job."

Stokes, on the other hand, gave a very Stokesian answer:

"I'll go (before the judge) with a stack of 500 tickets and try to get the best deal I can for my clients," Stokes said. "If I can't, then I'll ask the judge to set all 500 cases for trial."

Riiiiiiiiight. Then the judge schedules him to return for a calendar call on April 1, 2035. This is why you never want to be in line behind Stokes on Attorney Day.

Although he refused to be interviewed, LVBP also has some interesting information about Kirk Hemlick, the owner of Ticket Terminators (you know - big cop, pink building ... "You don't want to see me in court!"). Perhaps the most interesting thing about Hemlick (to us, anyway) is that he is not an attorney.

But wait, you say, how can Hemlick own a ticket-busting firm and share profits with the attorneys he "employs" without possessing a bar number? We have no clue. If any of you know how Hemlick has managed to structure his business around NRPC 5.4, please enlighten us in the comments.

(Las Vegas Business Press)

Baking Delicious Cookies Is Not A Bad Act

As Nevada residents, there are various things you have to learn to live with. Water restrictions, only having two seasons, and a sever severe lack of published case law due to the absence of an intermediate appellate court, to name a few. As for that last one, the opinions we do get are often sometimes unclear. This week's example came to us via email from a helpful tipster.

The Nevada Supreme Court recently issued two advance opinions: Fields v. State (1) and Fields v. State (2).

Both cases involved the same issue: Should prior bad acts be admitted as relevant to show a common plan or scheme. One case was against the husband, John Vernon Fields, and was decided en banc by the entire Court. The other case was against the wife, Linda Fields, and was decided by a 3 judge panel of Cherry, Saitta and Gibbons.

The bad acts in both cases were the same, the acts were committed by the couple. In the case against the wife, the three judge panel decided that the bad acts should not be admitted. In the case against the husband, the en banc court decided that the acts should be admitted. So we have conflicting decisions by the Supreme Court. Oh, and the fact that both cases are captioned "Fields v. State" should make for some confusing criminal briefs in the future.

But here's the interesting part: Judges Cherry and Saitta dissented from the en banc decision because they believed the bad acts should not be admitted, which conformed to their decision in the wife's case. Judge Gibbons, however, did not dissent and agreed with the majority that the bad acts should be admitted ... which is contrary to his decision in the wife's case.

Any of you criminal-types or appellate mavens care to explain these seemingly conflicting decisions? What about Gibbons apparent flip-flop? And, perhaps more importantly, what is the current state of the admissibility of bad acts to show a common plan or scheme in Nevada?

(Thanks, Tipster!)

Friday Open Thread

Deck the halls with boughs of open thread.

Fa la la la la, past threads here.

Welcome Back, Friend

Oh Liz, how we've missed you!

In what hopefully closes out the final chapter in this embarrassment of a story, the RJ is reporting that Halverson's former JEA, Ileen Spoor, won a $50,000 judgment on Tuesday in the defamation case she filed against the calorically-challenged former judge.

Halverson has been representing herself since January after two law firms she hired were allowed to withdraw as counsel because they weren't being paid. Her most recent action was to file a Notice of Appeal ... prior to the entry of judgment. We know ... shocking that she isn't familiar with procedural court rules.

The RJ reports that it is "unclear whether Halverson will pay the award." We'd love to see Spoor slap a lien on that souped-up scooter.

(LVRJ; Above The Law)

Sidebar: Benefits

I've gotten so many emails wondering where I've been. Oh wait, I've gotten none. Dear readers, our time together isn't over. In fact, it's just beginning.

It's the end of the year. According to most, the end of the decade. Although, I'm pretty sure that I learned on Jeopardy! once that the new decade won't start until 2011. We've been in a nasty recession and the legal industry has been hit hard. Layoff watch. Unemployment. Salary cuts. Canceled Holiday Parties.

Have your other benefits been changed at all for the upcoming year? Has your health insurance changed? Firm-sponsored life insurance? 401(k) matches? Fewer lunches on the company dime? What other cuts are you facing? Are there any other little things that your firm has done to cut costs?

Charges Against Krolicki Dismissed

It looks like Attorney General Catherine Cortez Masto needs to brush up on her legal writing skills (or fire a deputy).

Judge Valerie Adair issued an Order granting Lt. Gov. Brian Krolicki's Motion to Dismiss the Indictment against him on Monday. Adair essentially ruled that the State failed to sufficiently plead the basis for the charges against Krolicki, or, as our tipster called it: "Legal Writing 101."

Krolicki was charged with two felony counts of misappropriation and falsification of accounts by a public officer, and two felony counts of misappropriation by a treasurer. Kathryn Besser, as his chief of staff, was charged with aiding and abetting Krolicki’s alleged crimes. Adair's decision comes more than a year after Krolicki was initially indicted.

Krolicki recently (wisely) rejected an opportunity to disqualify the AG from his criminal prosecution after it was disclosed that Cortez Masto's husband was holding a fund-raiser for one of Krolicki’s political opponents.

While Adair denied the State's request to file an Amended Indictment, the charges were dismissed without prejudice - so the State could still seek a new Indictment from the grand jury. Perhaps the State should let Dominic handle the case if they do decide to re-file.

(LV Sun; LVRJ; Thanks, Tipster)

2009 Holiday Party (Preliminary) Report

From ballrooms full of booze to ... bowling? Needless to say, it looks like this year's holiday parties are going to be a bit more low key. Not that there's anything wrong with bowling (we actually prefer it to the black and white schmooze-fests of yore), it's just in stark contrast to last year's poll.

According to the tips we received so far, Bowler, Dixon & Twitchell; Bremer, Whyte, Brown & O'Meara; and some Unnamed Business Litigation Firm have all opted to shed the open bar and grand ambiance of the strip to play a little 10-pin.

Perhaps the greatest contrast, however, comes from last year's winner: Richard Harris. Last year Rick paid for all of his staff and significant others to go on a 5-day cruise. Pretty sweet, and very generous.

Well, it seems that Rick thinks his employees are a bunch of ingrates. According to our tipster, this year the firm has opted to donate half the money spent on last year's vacation to a charity voted on by the employees. Wonder if it will be The Human Fund?

The reason cited for the lump of coal in employee's stockings: Lack of appreciation for last year's event. Ouch!

Keep the tips coming in, we still haven't heard from the majority of our larger firms. Brownstein, Marquis, Santoro, ATMS, LSC, Lewis Brisbois and the firm formerly known as Kummer Kaempfer ... where are your parties this year? Also, does anyone know how our Billboard Firms are celebrating the holidays?

(Thanks, tipsters!)

Friday Open(ish) Thread: Holiday Party Edition

In lieu of an open thread this week, we wanted to get a feel for how the holiday parties were shaping up this year. You reported last year that things were still looking okay, even with the economic downturn on the horizon.

We're wondering where (if anywhere) the Richard Harris cruise is heading this year, and if the other larger firms are still catering booze-fests at swanky hotels. Is ATMS still holding a basement-shindig on Christmas eve?

Let us know what your firm's party plans are ... results will be posted next week.

WWL Mailbag: Brownstein Hyatt On Lockdown?

Given our current economic climate, it's not surprising that some firms may be a bit touchy when it comes to letting people go. After all, it's not as if a laid-off associate has many options available to them, and they may get a bit touchy about being thrown out on the street.

If the following rumor is true, however, we're going to need some details. We received the following tip yesterday:

Our [redacted] just visited Brownstein Hyatt Farber Schreck to [redacted]. He tried to take the elevator to the 16th floor, but the elevator would not allow him to do so until he checked in with security. He spoke to one of the secretaries there who informed him that a few employees have been laid off and they supposedly "got violent" while leaving. So now everybody has to check in with security before accessing Brownstein because of the lockdown. But that's just the word on the street...

Indeed. Did BHFS recently do a round of layoffs, or was this rumored policy instituted when that supposed "lone associate" got cut back in April? Anyone from BHFS care to confirm, deny, or define "got violent?"

Oh, damn ... please tell us this won't affect our access to Jason's Deli! Where will we get our Po'boys?!

(Thanks, Tipster!)

UPDATE: Well, BHFS is in "lockdown" mode, but it isn't because of disgruntled employees. Apparently, the increased security is due to threats one of their attorneys received in relation to a case. Thanks for the clarification, Karen.

Valley Layoff Watch: Have We Bottomed Out?

An interesting conversation in the comments caught our eye yesterday, and we wanted to see what you guys & gals thought. It started as follows:

This is a bit off topic, but . . . A recruiter from Ballard Spahr has contacted most of the associates in my firm's litigation department regarding openings. We have also been contacted by local recruiters for positions at unnamed firms. I also understand that Gordon & Silver is actively recruiting.

We are a bit surprised - our litigation department has been busy but we are still hearing that the economy is making things tight.

Any thoughts on the expansion by these firms? Is the economy turning around? Are any other firms actively looking for laterals?

Then, our local Shark Pimp (and past WWL contributor), Jordan Ross, weighed in with his analysis:

I think the best and most cautious way to describe the state of the legal economy in Las Vegas is that it has bottomed out. There are some definite signs of improvement; I'm currently looking for a Commercial Litigator, a Insurance Defense Litigator and a couple of IP attorneys, among others. By the way, the people in your firm were probably contacted by an outside recruiter; it's almost unheard of for an in house recruiter to solicit non-equity attorneys. Budgets are still very tight right now and any potential new hire has to pencil out well into the black, but yes, I think we are starting to see some improvement. For myself, this is shaping up to be an oddly lucrative year.

Let's do a little impromptu poll regarding our current legal job market. From where you currently-employed commenters sit at your various firms, do things seem to be looking up? Or, possibly, are we seeing the calm before a post-holiday storm?

Amador Gets All Thuggy

Turns out the rumors were true. Attorney Michael Amador pulled a gun on two men in the parking lot of a PT's pub on Thanksgiving morning and got himself beat up and arrested.

According to the police report, Amador followed three men out of the bar, apparently believing that one of them had taken $200 off a pool table. Amador pulled a gun from his waistband (he has had a CCW) and hit the rear window of a vehicle one of the men got into, shattering it.

The weapon Amador pulled was an FN 57, coincidentally the same weapon used in the Fort Hood massacre (see yesterday's comments for a discussion regarding whether or not this particular type of gun constitutes a "cannon").

At one point, Amador pointed the gun at the two remaining men. The two men then tackled Amador and wrestled the gun away from him, doing enough damage in the process that Amador had to be treated at Sunrise Hospital before being taken to Clark County Detention Center.

On an interesting side note, the bartender who was on duty at PT's that morning is one of Amador's clients in a pending case.

Amador is facing two counts of assault with a deadly weapon and injury to the property of another. According to LV Now, he is facing up to 12 years in prison if convicted.

(Amador's Website; LV Now Story, Video; LV Sun)

Thanksgiving Leftovers

Apparently the shenanigans don't stop just because we take a long weekend. Here are some of the stories we missed while stuffing ourselves:

Attorney Michael Amador reportedly pulled a gun on someone in a bar on Wednesday night and was arrested. He had to be taken to the hospital before he was booked. Keep it real, G.

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The LV Sun is reporting that Judge Hottie filed for divorce from Ed "Puppy Strangler" Miley on November 13 citing "incompatibility." The pictures on the right of the Sun's story will give you a little hint as to what that "incompatibility" was. We have conflicting information, however, because one of our commenters reported the following on November 22nd:

Was out this weekend and saw Randy and Stefany Miley. Apparently he is out of rehab. They were holding hands, kissing - lovy dovey stuff. So it looks like she has no backbone and is taking him back.

Sing it with us: Tale as old as time ...

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State Senate Majority Leader Steven Horsford pulled a "Libo" outside the Aviary Park in North Las Vegas and got busted by Channel 13. Here's Horsford's explanation:

I apologize for any inconvenience I may have caused in inadvertently parking in an unauthorized parking space.

Inadvertently? Yeah, right. See the full story to get a feel for how big of a pussy the Senator is being over fessing up to his mistake.

----------------------------------------

Finally, Nevada Appeal is running an AP story that confirms U.S. Senate Majority Leader Harry Reid has interviewed both Clark County District Judge Elissa Cadish and Clark County Chief Deputy District Attorney Gloria Navarro to fill the open Sandoval/Jones U.S. District Court seat.

Las Vegas attorney Kathy England said Reid's consideration of the women is in line with President Barrack Obama's emphasis on diversifying the federal bench. Okeydokey. No more penises ... got it.

Looks like we have our short list, Cadish said she expects a decision "relatively quickly."

Happy Turkey Day!

Over this long weekend, help yourselves to a heaping helping of holiday open thread ... with all the fixins!

Gobble! Gobble!

Coming Soon: The RJC-HMO Plan

The Supremes have put our district court judges on notice that, beginning December 1st, criminal defendants who were previously represented free of charge (to them, anyway) will now be assessed a "fee." From the LVRJ:

In a nutshell, indigent defendants who are represented by the public defender or a private appointed attorney will be charged on a sliding scale -- a minimum $250 if their case is resolved at the justice court level and up to a maximum $750 if the case nears trial or goes to trial. The more work put into a case, the higher the fee.

Whether to impose the fee is at the discretion of the judges. Judge Herndon summed up the fees this way: "This is their co-pay, now we're an HMO."

Clark County Public Defender Phil Kohn said that the PD's office is not the one imposing the fee, nor will they be handling the collection of the fees. This raises an interesting question: Who will be handling collections? Somehow we doubt it will be the DA.

The current plan seems full of problems, but the district courts are apparently going forward with it on December 1st, problems or not.

(LVRJ)

One Down, Two To Go

The details of Dr. Mark Kabins' plea agreement have been released, and (sadly) there was no accompanying idiot parade.

Kabins and the U.S. Attorneys agreed to five years of probation, six months of home detention, and 250 hours of community service. Additionally, Kabins will pay $3.5 million in restitution to victim Melodie Simon. Ouch! The actual charge to which Kabins pled is "misprision of a felony."

Perhaps more important than his punishment, however, is what Kabins has actually admitted as part of the agreement, from the LV Sun:

In pleading guilty, Kabins admitted that on Aug. 3, 2000, he assisted another orthopedic surgeon, Dr. John Thalgott, in a surgery on Simon, a former Olympian who became paralyzed from complications that arose after the surgery. In the plea, Kabins admitted he knew he could be sued and asked Awand, a medical consultant who referred personal injury cases to him and other lawyers, to persuade Simon’s attorney, Noel Gage, not to sue him or Thalgott, the U.S. Attorney’s office said.

Kabins, the attorney’s office said, believed that Awand would corruptly attempt to persuade Gage by referring lucrative personal injury cases to Gage; after receiving referrals from Awand, Gage sued neither Kabins nor Thalgott and instead sued an anesthesiologist, Dr. Daniel Burkhead.

Kabins said Gage didn’t sue him because Awand had referred cases to him, the U.S. Attorney’s office said.

To help Gage sue the anesthesiologist, Dr. Kabins drafted a “letter of complaint” from which he intentionally omitted information about his secret dealings with Gage and information about Simon’s medical condition following her surgery.

Some are downplaying the significance of Kabins plea, but 6 months detention and $3.5 million in restitution constitute more than a "slap on the wrist." It seems to us that with this plea and Kabins' cooperation, the U.S. Attorneys are getting just what they wanted: Kabins' testimony without releasing him from culpability.

Additionally, LV Now is reporting that part of the plea deal forbids Kabins from pleading the Fifth if/when he is called to testify against Awand and/or Gage. So there's that.

We're anxious to hear from both sides ... what do you guys think about the deal?

(LV Now; LV Now Video; LV Sun)

Ambulance Chasers No Longer "Chasing"

In an effort to maximize efficiency, some of our unscrupulous P.I. attorneys have skipped casually dropping a business card at the scene of an accident in favor of going directly to the source for clients.

The LV Sun is reporting that UMC has been selling a compilation of the hospital’s daily registration forms for accident patients to local attorneys (names still unknown). But worry not, citizens, Kathy Silver is on the case:

Kathy Silver, chief executive of the hospital, said Thursday in an interview with the Sun that she heard rumors about information being leaked from the trauma center early this summer. She said a source put her in touch with a local chiropractor, who shared with her the rumor that attorneys were illegally gaining access to patient information. She did a cursory investigation of the attorneys who had requested medical records, but she and the chiropractor agreed that nothing seemed unusual.

Good enough for us ... what's for lunch?

Ok ... don't worry if Ms. Silver missed it, County Commissioner Lawrence Weekly has it handled:

County Commissioner Lawrence Weekly, who serves as chairman of the UMC board of trustees, told the Sun that he heard of the alleged breach from more than one reliable source about 10 days ago. He said he was told that representatives of law firms were approaching car accident victims even while they were in the hospital. He had not talked to the hospital about it because he was not sure if it was illegal for private patient information to leave the hospital.

Yeah, sharing private medical information is more of a faux pas, really. Why else would we have to stand a football field away from the next person being helped at the grocery-store pharmacy? And really, if it's for a good cause ... like a frivolous lawsuit ... where's the harm?

Back to reality - the attorneys involved will likely maybe be investigated by the bar for their role in this. However, as the Sun notes, UMC could be in a whole heap of trouble:

HIPAA violations can be investigated by the county district attorney, the state attorney general’s office or the United States Attorney’s office, Pritts said. Congress increased the penalties for HIPAA violations, effective at the end of November. A person who violates a patient’s privacy with the intent to sell information can be fined up to $250,000 and imprisoned for up to 10 years.

We're always interested in names and numbers. Anyone on the "inside" care to share who the attorneys involved were and how much they paid for the lists?

(LV Sun)

Friday Open Thread

Happy Friday! It's that time again, this one's all you.

Previous threads are available here.

Sidebar: You're So Vain

I am so proud to be a member of the Clark County legal community today! We have come together FOR ONCE to decide on the applicability of numerous curse words. I applaud you for your spirit and sense of togetherness.

Today's post brought back some other misty water-colored mem'ries. Did you see that Mr. Agwara has a fancy vanity tag that says LIBOLAW? It made me remember when I was driving to work a couple of years ago and I heard the most ridiculous thing on the radio. Dara Goldsmith, former president of the CCBA and a member of State Bar of Nevada Board of Governors, had a vanity tag that said CANE, a reference to the University of Miami, and the DMV decided it was a drug reference. From that day forward, I took a much closer look at the vanity tags of my colleagues.

Because of LIBOLAW, I can no longer sit in silence with this obsession. Please tell me about the most ridiculous vanity tags you've seen. If they are legal, swell. Honestly, I don't care.

Since we've been so creative today, I also invite you to take this opportunity to create your dream vanity tag in the comments.

To get things started in the land of make-believe:
ELISDUM
LUSUX
FAIL
THISPOSTISDUM
ICOMEHEREFORGOSSIPNIHATESIDEBARSNEL
FIREEL
BOYDISNTASAWESOMEASMYLAWSCHOOL
IMAKEFUNOFHIMBUTIWISHIWASSTOKES
GOLIGHTLYPLEASEBLINK4THELOVEOFGOD
ELISHOT
IBETTHISWILLBEA3WEEKPOLL
MILEEISHOTNIDONTMEANCYRUS
IMISSTONSOFUN
ATMS4EVER
DPT23CURSED
CALLED
ELISANASSHAT

Your turn.

Mr. Nice Guy

We received a tip from someone who had a rather interesting encounter with Attorney Libo Agwara the other day. Here's how it went down (according to the tip):

[Agwara pulls up into a handicapped spot in front of the family courthouse and hangs his handicapped placard from the rear view window of his Bentley ... "healthy as a horse" is how his demeanor is described]

Citizen: [shouting] "You don't look handicapped!"

Agwara: "Well, you never know."

Citizen: "So if my mother, who does have a handicap plate and needs a spot like this shows up, she won't have the space because of you."

Agwara: "What is your name and who do you work for?"

Citizen: [replies]

Agwara: "Have you ever been sued?"

Citizen: "You're going to sue me? For what? Telling the truth?"

Agwara: "For talkin' shit!" [walks into the courthouse]

Class act, huh? We wonder why attorneys get such a bad rap. We're sure Agwara was just having a bad day ... he looks like such a cheerful guy on his billboards.

Our tipster also sent along some pictures:

Be sure to take a look at Agwara's website. You'd think someone who is "Ivy League-trained" would have better manners. We got a chuckle out of his profile, which reads (verbatim):

Before attending law school, Libo Agwara was a ???????? with a strong background in ?dadadadadadada. He is well known and respected throughout the west. Area Attorney view Libo Agwara as such a formidable opponent in the courtroom, People seek him when they or a friend or family member needs an attorney. Libo Agwara is regularly represent the legal interests of their members.

Um, [sic]? We'll let you guys fill in those blanks, mad-lib style. This is the first time Agwara has crossed our radar, but we'd love to hear any stories you have. He sounds like quite the character.

(Thanks Tipster!)

The First Domino Falls

According to the LVRJ, the Grand Marshal of March of the Morons, Dr. Mark Kabins, has decided to take a plea deal.

The plea agreement was filed under seal, but there is a hearing set on November 23rd for a pretrial conference on the matter. It appears we are about to find out just how weak/strong the government's case really is.

Jane Ann Morrison wonders if Kabins "friends" who "protected" him during his last court appearance are going to be shocked by his plea.

Somehow, we doubt it. To us, it seems like the "protection" was less about helping out a friend, and more about covering their own asses. But we just work here.

What do you guys think? Any guesses as to what Kabins will plea to? Think his "friends" will truly be "shocked" by this revelation? Think we'll get to see another parade featuring Vegas' P.I. elite?

(RJ Story; J.A.M. Opinion)

No More 'Trick-In-A-Box'

Now that the "stripper-mobile" has done its job and made national headlines, Las Vegas attorney Jay Brown, who represents Little Darlings and Déjà Vu strip clubs (wonder if he's paid in $1 bills or lap dances), has told his clients to pull the plug. Here is Brown's statement, from the LV Sun:

My client has authorized me to make it clear that due to concerns of County Commissioners Chris Giunchigliani and Steve Sisolak, and because my client wants to be a good citizen, effective immediately that truck is offline.

What's with the County Commissioner name-dropping? We can't tell if Brown's clients are bowing to the commissioners or throwing them under the bus stripper-mobile.

Perhaps the most important question is: What the hell are they going to do with that truck!? We're guessing "offline" means that next month Mayor Goodman will be using it as his Popemobile.

(LV Sun)

Friday Open Thread

Happy Friday everyone, it's that time again!

Feel free to discuss whatever you want in this thread. Previous threads are available here.

"Private Citizen" Bob Lueck Gets "Judge" Teuton Removed

Unhappy with your current judge? Try filing a motion to have them removed from the bench.

Attorney Bob Lueck ("Divorce without bloodshed" ... nice) sought leave to file a petition on behalf of the State of Nevada for a writ of quo warranto removing Judge Robert Teuton from office. While The Supremes found that Lueck lacked standing, they agreed that the judge has overstayed his welcome and actually removed him from the bench.

Teuton was appointed by Governor Gibbons in August of 2008 to fill a spot left vacant in family court. Teuton’s written commission designated the first Monday in January 2011 as its expiration date (the date the particular seat Teuton occupied was up for reelection). However, according to Justice Cherry, the Nevada Constitution says otherwise:

The legitimacy of the extended commission depends on the meaning of “next general election,” as used in the Nevada Constitution provision noted above. Thus, in resolving this issue, we address whether “next general election” means the election most immediately following the appointment or, as has been asserted, the next general election in which the vacancy may be filled in strict compliance with all election deadlines. In view of the apparent intent behind the Nevada Constitution’s “next general election” language to allow Nevada citizens to elect a new district judge as soon as possible after an office becomes vacant and to correspondingly limit the Governor’s appointment powers, we conclude that judicial vacancy appointments expire on the first Monday in January after the first general election following that appointment, without exception. Here, then, with regard to the temporary appointment at issue, the appointment expired on the first Monday in January after the November 2008 general election.

That's right, the Court said "sayonara" to Mr. Teuton.

So, now that we have a vacant judicial seat in family court, we're guessing the Governor needs to appoint someone. Anyone think Gibbons has the stones to appoint Teuton again?

(Nevada Judiciary)

Winner Winner Chicken Dinner!

We receive press releases every once in a while about plaintiff's firms and their huge jury verdicts. Very rarely, however, do we receive tips regarding defense victories.

Perhaps this is because headlines reading "Defense Attorney Rescues Client From $10 Million Frivolous Lawsuit" just aren't as exciting as "Plaintiff Gets $10 Million After Slipping On Banana Peel."

Defense attorneys are a bit like the soccer goalies of our profession. When they do their job well, they pretty much go unrecognized. However, when they screw up, everybody is quick to blame them.

Recently we received a tip regarding a big defense win, and we want to give a little credit to the other side of the bar. The case was Huff v. Corpus, here's what we were able to gather regarding the facts:

Plaintiff had four neck surgeries after a car accident caused by defendant, and claimed he was disabled as a result. Liability was admitted, so the dispute was about causation. Attorney Bob Vannah asked for a total of $9 million during closing - $5 million plus for the disabled husband; $2 million plus for his wife’s consortium claim.

$2 million for loss of consortium? Crikey! Was he a porn star?

So, what did Plaintiff end up with? Nada. Goose egg. Nil. Nuffin. $0.0 Million.

We offer a hardy congratulations to the defense team on the case, led by Thomas Winner over at Atkin Winner & Sherod. Vannah is no spring chicken, so good on ya for the victory, Tom.

Thanks, Tipster!

Sidebar: Boyd

In open threads and many other conversations, the comments turn into discussion about Boyd. A lot of the time, people are not very pleasant about Boyd.

I didn't go to Boyd. Many of my Delta Nu sisters did. I know many Boyd graduates and have seen them in action and think their performance seems to be the same as other lawyers. (Although perhaps the Boyd grads do not fall into the category of the most arrogant lawyers I've seen, so they are remiss there.)

I want to hear both sides. Law Students, this one is for you. What is good or bad about Boyd? Alums, what are your thoughts on Boyd? For the people who like to give Boyd a ton of crap in the comments, why? If it is a bad school, as you have previously alleged in the comments, what makes it that way?

I'd like to hear both sides of the story because it seems like there is nothing but hate in the comments most of the time. But I know some pretty happy and successful Boyd grads are out there. (Maybe they simply don't have the time to read the site...)

Do You Get Veterans Day Off?

Just a quick question today.

We're curious about whether local firms are "celebrating" Veterans Day by giving employees the day off (as much as billable-hour employees can get a "day off"). We've heard rumors that some local firms are not.

Please call these un-American firms out in the comments.

James 'Bucky' Buchanan Dead At 74

We have lost one of the greats.

James 'Bucky' Buchanan died Saturday evening. He was reportedly backing his Ferrari into a driveway when he suffered a heart attack and drove the car into a wall.

Bucky was widely known as one of the greatest defense attorneys in Las Vegas. In an April 2005 interview with the Review-Journal, asked why he came to Las Vegas nearly four decades ago, Buchanan said it was "mostly for the strippers." Asked why he went into criminal defense work, Buchanan replied: "A funny thing happened on the way to the church."

Our hearts go out to the Buchanan family. Funeral arrangements will be announced over the next couple of days.

Please use this thread only for condolences and Bucky stories, thanks.

(LVRJ; LV Sun)

Friday Open Thread

It's back, and well rested after its 3-day weekend.

You know the drill, feel free to discuss anything you'd like. Previous threads are available here.

Followup Roundup

Happy Friday! We have a little potpourri of followup stories for you today:

First, remember our friend Chuck? Well, it turns out Chuck is stupid.

Only two days after the LV Sun published their story regarding his fraudulent activities, Chuck fell for an undercover sting that caught him in the act of practicing law without a license. From the LV Sun:

Tuesday’s sting was conducted after the Nevada State Bar asked police to investigate Radosevich for allegedly passing himself off as a licensed lawyer. He has never been one in Nevada and he was disbarred in Colorado and Nebraska.

Two Metro detectives posing as a couple went to Radosevich and asked him for legal help. The detectives paid Radosevich $200 for the services they requested and then disclosed their true identities and cited him.

Attaboy Chuck! If at first you don't succeed ...

--------------------

Next, the LV Sun is reporting that our old friend Ed Miley was a member of the State Bar's disciplinary board at the time he choked his dog to death while beating his hot wife in front of their children and firing a handgun in his backyard.

The money quote regarding the matter came from attorney Jeffrey Albregts, chairman of the Southern Nevada board, who said:

I don’t intend to appoint him to anymore disciplinary panels, I don’t think that would be beneficial or fair to everyone involved in those processes.

Good call, Jeff. We've additionally learned that Ed was the "model attorney" chosen to give last year's Bridge The Gap presentation on criminal law. Don't suppose he covered DV or cruelty to animals, did he?

According to the LV Sun, Ed is scheduled to emerge from rehab at the end of the month, and his arraignment in Las Vegas Justice Court has been put off until December 1st.

--------------------

Finally, it looks like Judge Cadish may have some competition for that empty U.S. District Court seat. The LV Sun is reporting that Chief Deputy District Attorney Gloria Navarro is on that same "short list" to fill the seat.

Navarro currently works in the district attorney's civil division, and before that she was a deputy special public defender.

Perhaps most importantly, however, she is a she.

(LV Sun)

Sidebar: It's almost that time of year again...

Let's cut to the CHASE (sorry, I'm a Phillies fan). (No, I don't care if we are behind. I don't care if we lose. I didn't say phan simply because I don't need that level of harassment at this time of the morning.)

What is happening with bonuses this year? Is your firm giving them out like usual? Are they entirely performance-based? Entirely discretionary and, therefore, probably not likely? Available only if you can perform a select group of tasks, which includes capturing a live baby unicorn for your boss's tween daughter?

Is thinking about this topic making your stomach hurt? Are you going to write [more] hateful things [than usual] in the comments because I am the spawn of Satan and I should be thankful I have a job in this economy and I am the picture of greed?

As usual, we understand that you want to keep it anonymous, but if you are willing to be bold, please include some basics about your firm. Big firm, little firm, type of work, basis of bonus, etc. (If my firm gave bonuses on beautiful blonde hair and pet cuteness, I'd be a millionaire.)

Who Do You Believe?

By now you've heard about local attorney Raymond James Duensing, the man who was shot by police last week after fleeing on foot from a traffic stop. Here's what police say went down according to the LVRJ:

Police said the officer fired his weapon after Duensing was asked to get out of his Pontiac rental car because a record’s check indicated he had a warrant for his arrest. Police said Duensing then fled and was unsuccessfully Tased and shot after he reached toward his front right pocket for a .45-caliber handgun. Police also said Duensing reached for a large folding knife.

Apparently, not Everybody Loves Raymond. [Rimshot!] However, Ray (who goes by 'Jim') told a different story in his comment to a post published by the Independent Political Report. Here's how it really went down, According to Jim [ok, we'll stop]:

I was pulled over for driving straight through an intersection in a right turn only lane. I did signal for my lane changes to the left.

After exiting the vehicle at the officer’s request, I was standing with my back to the vehicle. The car’s open door was to my right. My hands were raised above my head. I was calmly speaking to the cop attempting to talk my way out of being taken to jail over an unpaid High Occupancy Vehicle ticket.

With my hands raised above my head, the cop shot me with a taser in the chest. As I have had heart problems since my premature birth, I believe a Taser to be a lethal weapon. Several people without heart conditions have been killed by this weapon.

When the taser began electrocuting me, instinct took over. I have been shocked by standard 120 volt electricity, which is what is used in your home. That was bad enough. Metro’s tasers contain “50,000 volts of pain compliance” according to one of the cops at the family law court who was operating the checkpoint.

Let me tell you, it is quite painful.

I immediately turned to my left and began moving away from the source of the electrocution. By the time I got to the back of the vehicle, I had reached up with both hands, grabbed the electrodes, and pulled them away from my chest. The juice then flowed through my arms - not my heart. As I lay here in my hospital bed, I firmly believe this instinct saved my life.

I continued running away from the taser. I heard the cop fire it again, but did not feel an additional shock.

I was running down the sidewalk with empty hands. I heard three pops from behind me. At first, I thought it was another taser shot. Then, I saw my left arm dangling.

I was taken down by a second officer - who was nearby conducting a separate unrelated traffic stop. He had me lying facedown on my broken arm. It was at this point that he found my licensed and registered pistol in my right cargo pants pocket and my Emerson folding knife in my right front pocket.

Let me reiterate. I am a firearms instructor at the world’s largest firearms training facility. I always carry a gun and at least one knife. I NEVER pulled either of these items out of my pockets.

The shooter was on my right side and from his perspective had to have been able to see that my right hand was indeed empty. The officer that I was running toward never reached for any weapon.

We've never been tased, but it seems like some super-human strength would be in order to reach down and pull out the probes. Then again, it does seem a bit excessive to start firing at a fleeing suspect after a routine traffic stop.

So, who do you guys believe? Is it counsel-hunting season for Metro, or did Jim do something that screamed Just Shoot Me? [last one, we promise] One thing's for sure, we could all benefit from reviewing Chris Rock's advice. (NSFW)

(Thanks, commenters!)

Taking The Bar Is For Suckers!

Question: How do you practice law in Clark County for over 10 years without being licensed?

Answer: Just make up a bar number.

Sounds too easy, but that is exactly what Charles Radosevich, Esq. did. According to the LV Sun, Chuck actually has a law degree and has the distinction of having been disbarred in both Colorado (in 1989) and Nebraska (in 1993). From the LV Sun:

He attracted the attention of the Nevada State Bar in 2000, when it got him to sign a court-approved agreement in which he promised not to handle divorces, bankruptcy petitions, immigration-related matters, personal injury cases or any other activity that could be viewed as practicing law.

So, he basically signed an agreement stating that he would not practice law without a license? That had to work, right? Wrong:

Authorities say Radosevich printed business cards and stationery referring to himself as an “attorney at law” specializing in “wills, trusts, estates” and “corporations.”

On legal documents, Radosevich sometimes listed below his name phony state bar identification numbers or numbers the bar had assigned to licensed lawyers. One of the numbers belonged to a deputy attorney general.

That's pretty brazen Chuck, but not as brazen as this:

Eventually, Radosevich set himself up in an office in the upscale Hughes Center, a haven for big-name law firms. Shortly thereafter he even boldly passed himself off as a lawyer in dealings with members of the district attorney’s office.

Those dealings were on behalf of Michelle Geris and her husband, who had hired Radosevich to help them negotiate with the district attorney’s bad check unit the payment of a $128,000 gambling debt that the couple incurred at Green Valley Ranch Station Casino in November 2006. The casino had asked the bad check unit to prosecute Geris.

After Chuck negotiated the debt down to $118, 000, Ms. Geris sent the money to Chuck to pay the DA. You can guess what happened next:

Geris thought her legal and financial obligations had been met, but on Aug. 29, more than two years later, she was arrested near her home in Glendale, Calif., on a warrant obtained by the bad check unit for failing to pay the entire gambling debt.

Surprise! The DA had no record of $59,000 in missing payments. So, why did it take the State Bar so long to catch up with this guy? They blame it on the paralegals:

Radosevich managed to stay outside the reach of the bar by working in the offices of licensed attorneys, Clark [counsel for the State Bar] said. Nevada, unlike some other states, requires no licensing of people who do paralegal work. When alleged misconduct occurs by people at a law office, the bar has authority to go after only the licensed lawyers in the firm, Clark said.

Chuck also once presented a pleading to a client with a district court "Filed" stamp and the forged signature of Judge Elizabeth Gonzalez in order to get the client's money.

On an interesting side note, Chuck is the brother-in-law of recently disbarred attorney Manuel Montelongo.

Check out the article, it's pretty amazing what Chuck was able to pull off by just assigning himself a bar number.

(LV Sun)

Valley Layoff Watch: Happy Holidays Edition

We are foregoing today's open thread, as we assume most of you are (hopefully) not working. How about some bad news instead?

Rumor has it that our old friends at Jones Vargas just laid off an unknown number of attorneys from their transactional/real estate group. These guys have wonderful timing, as evidenced by their late rescission of summer associate offers last March and this latest "Happy Holidays" round of layoffs.

Apparently, JV's Reno office is doing fine, as they recently announced the addition of former federal district court judge and current republican candidate for governor, Brian Sandoval.

If you're feeling a bit too upbeat today, head on over to the Las Vegas Business Press where you'll find an interview with JV's President, Joe Brown, and Lionel Sawyer's Managing Partner, Paul Hejmanowski, about how things are going in our market. You'll be reaching for the antacid in no time. Happy Nevada Day!

(Thanks, tipster!)

Sidebar: Costume Contest!

That time of year is upon us. A time to celebrate dark, spooky people and things that are not of this world. That's right, it's Nevada Day.

For those of you who aren't on your way to Disneyland right now (yeah, real original idea ... you and half the state), we thought it would be fun to get a little creative.

We want to hear your best/worst law-related Halloween costume ideas. What would you like to see your favorite judge dressed as? What would be the most inappropriate thing you could wear to calendar call? What are you going as this year? Let's hear it!

Miley Non-Update

Many of you are clamoring for Miley news, and we just can't seem to get any rumors verified. So, in keeping with our "tabloid" moniker, here are all the rumors we have been able to gather [cue the slow, sappy background western music]:

So, when we last left our dysfunctional couple, Ed, in a drunken rage, strangled his dog to death and gave his hot judge-wife the 'ole what fer before deciding to play shoot-em-up with a live firearm in his backyard. This landed Ed a TRO from his home, his kids' school, and the RJC (big problem for an attorney).

After that point, the rumors get a little murky. Apparently the TRO was allowed to expire. However, Ed's current location is unknown. From what we've heard, he is in rehab in either California or Arizona (possibly court ordered).

As for Judge Hottie, she took a little vacation (do judges really have unlimited sick days?). She is reportedly back to work as of Monday.

But what about the relationship, you ask? Here's where things get real rumory. Those of you who are not daytime soap fans may wish to stop reading here.

Here's an email we received on the matter:

I heard Judge Miley told friends she is going to take him back. Not because she is so in love, but she is over in debt. She paid a lot for her house a few years ago in Red Rock and now she can't sell it for half the price she bought it for. She feels trapped with all of their debt and can't give up the life style she has created.

The cops who were there and arrested Ed - said the kids got their baseball bats, light sabors etc to try and get Dad off of their mom. He was attacking her and didn't stop. Judge Miley thought he was going to kill her then.

These are the days of our lives ...

That's all we've got. We'll leave it to you guys to fill in the blanks and/or tell us we're full of shit.

(Thanks, tipsters)

Boyd Raises The Bar

Say what you will about our local lawyer factory, they certainly are putting up the numbers.

A very respectable 86% (91 of 106) of first-time takers from Boyd School of Law passed the July 2009 bar. The pass rate for all first-time takers was 74%, and the overall pass rate was 63%.

This is the highest passage rate for Boyd to date. The previous high was 83% (paired with a 69% overall pass rate).

Congratulations, Boyd! Now, if you could just limit your next entering class to approximately 15 students, we're sure many of our currently jobless Nevada attorneys would appreciate it.

Here are the numbers:

Overall Pass Rate:
NV overall pass rate (includes both attorneys and students): 63%. In comparison, in July '08, the NV overall pass rate was 69%, while in February '09, the NV overall pass rate was 56%.
Boyd overall pass rate (includes both first-timers and repeaters): 74% (101/136) In comparison, in July '08, Boyd's overall pass rate was 75%, while in February '09, the Boyd's overall pass rate was 58%.

First time Student Takers:
NV pass rate for first-time student takers: 74% In comparison, in July '08, the NV pass rate for first-time student takers was 70%, while in February '09 the NV pass rate for first-time student takers was 46%.
Boyd pass rate for first-time student takers: 86% (91/106) In comparison, in July '08, the Boyd's pass rate for first-time student takers was 83%, while in February '09 Boyd's pass rate for first-time student takers was 58%.

Repeat Takers:
NV pass rate for repeating student takers: 28%. In comparison, in July '08, the NV Pass rate for repeating student takers was 34% and in February '09, the NV pass rate for repeating student takers was 29%.
Boyd pass rate for repeating student takers: 33% (10/30). In comparison, in July '08, the Boyd pass rate for repeating student takers was 48% and in February '09, Boyd's pass rate for repeating student takers was 55%.

Overall for Students:
NV overall pass rate for students (includes both first-timers and repeaters but excludes attorneys licensed in other jurisdictions): 69% In comparison, in July '08, the NV overall pass rate for students was 70% and in February '09, the NV overall pass rate for students was 46%.
Boyd overall pass rate (includes both first-timers and repeaters): 74%. (101/136) In comparison, in July '08, Boyd's overall pass rate was 75% and in February '09, Boyd's overall pass rate was 58%.

Those numbers certainly look good, what do you guys think?

(Thanks, tipster!)