WWL would like to welcome Mitchell Posin [on the left in picture] back to the practice of law in Nevada. We expect big What exactly happened to make the money go missing? Well, the Nevada Supremes did not specify Mr. Posin's involvement in the "disappearance" of client funds from the firm's client trust fund. (Disciplinary opinion available here). Instead, the opinion just states that the money left the account, was not returned and Mr. Posin violated 51 unspecified professional conduct rules.
How did the money disappear and stay missing? Turns out the firm just wasn't very good at keeping track of those pesky client funds:
Deputy Bar Counsel David Clark, who presented Mitchell Posin's case to the disciplinary board, said at the time that the firm's financial practices were marred by "years of sloppy accounting and years of dereliction."Mr. Posin spent 17 months on suspension and has repaid much of the clients' money according to the RJ report. Nice job Supremes. Wouldn't want to go too hard on a fiduciary who can't handle his clients' funds without taking or assisting or covering up
He also said the problems were exacerbated by Mitchell Posin's lack of cooperation with Bar inquiries into client grievances. (RJ)
Here's an idea, Supremes: why not make Mr. Posin hand out information to every potential client explaining his history of client fund mismanagement? At least then the general public could decide whether or not to hire Mr. Posin, or at least ask for a discounted rate. Oh well. Why bother cleaning up the bar and protecting the public?
Hmm...too bad Markell wasn't on this, or else he would have made Posin hand out a copy of his disciplinary order to every new client, but then again, how long is the poor guy going to be punished for misappropriating client trust funds? If anything, it'll be on the state bar's website for the remainder of his career.
ReplyDeleteYou are wrong here Legal Eagle & @ 12:16AM. Stealing is stealing and mishandling is mishandling. Intent is the key to culpability.
ReplyDeleteWe abandoned the Scarlet Letter style of justice centuries ago. The judges that embrace this type of punishment are archaic and ignorant (e.g. Markell). Read the case law, the goal is change, not punishment. Handing out a copy of the disciplinary order to clients . . . that is not a deterent, that is punitive retaliation. As a profession our intent is in solving problems that occur, once we have identified that an actual problem exists. We spank, we teach a lesson, we monitor and we improve the practice. We don't publicly flog for life and then dance on the grave of our victim (e.g. Markell).
Cleverly worded opinions and comical sanction stories in the NV Bar Journal, and otherwise, are great for office persiflage. However, assignment of a Scarlet Letter for a mistake (as you suggest with Posin) proves often to be an approbating effort by the "finger-wagger" to prove his self-worth.
The Nevada Bar got it right with Posin because they are not the center of the story. Posin is. In your Markell reference, we know he gets it wrong often because he is always the center of the story, not the seemingly vacuous and unmemorable targets he hangs from a pole.
Posin's re-entry is a great demonstration of how the Nevada Bar's self-policing WORKS.
if it "worked," wouldn't Posin have known not to mishandle client funds, based on the discipline of those who faced similar discipline before him?
ReplyDelete3:48 PM:
ReplyDeleteYou presume that he 'knew'. Again, the NV Bar is not set up to instill perfection. It is to police, correct, educate, & protect. That occurred here. He has even paid everyone back, reportedly.
I had a friend that told me a story once about cheating in college. He cheated on a test. He got caught. He thought for sure he would be kicked out of school. Instead, the Professor brought him into her office, talked about the test & discovered he knew the information that was being tested. She questioned him at length about what he did, why, the implications. He then had to meet with her weekly for a month to discuss the class and similar issues.
The Professor gave him a 'B' on the test and he got an 'A-' in the class. The University never found out, other students never found out and it was kept from public "flogging". Do you think he ever cheated again? He reports that he was cured for life.
Punishment breeds resentment. Rehabilitation breeds change. Punishment is drastically easier than Rehabilitation, for the enforcer. Punitive action in the name of 'justice' is the mark of a cowardly leader.
Uhm, stealing is wrong and should be punished, not just "rehabbed." LU, as usual, I disagree with just about everything you say. Some time you just got to punish bad shit too--like your painful stupid posts...
ReplyDeleteLE --
ReplyDeleteI'd like to "flog" you for your lame ass posts. Get off your horse. The guy is a crook and shouldn't be allowed to practice law.
9:23: I think that is exactly what LE was saying.
ReplyDelete@8:33 a.m.
ReplyDeleteI apologize, I meant LU....
Too many LE's, LU's, FU's around.
LU needs to be flogged.
9:23 in that case, I couldn't agree with you more. 8:33
ReplyDeleteYour banter is quite comical. I don't expect that you wuold ever consider anything I have brought up. All I have to do is say the M-word and his mistress, lover, clerk, secretary, whatever, shows up to his defense. Sure proves my point about loyalist dotes proping up vain intellects in their retribution on society proving justice is not blind. I meet with and talk with and talk about a lot of judges, but I have never met one so polarizing as M-word.
ReplyDeleteWhat does he make you drink that you cannot look at him objectively.
Most importantly, I would like for you to put up or shut up. So far your baseless assertions that 'disagree with just about everything' I say deserves a response. What do you disagree with and why...which may include big words, not just FU, shit and stupid. Try to think it through. I'd like to learn something, certainly I can't teach you anything. You have all the knowledge and are being stingey with it and won't help the rest of us improve our 'stupid' arguments.
I await with a wrestless heart. My horse is in the barn.
LU has officially left the reservation. Seriously, is LU even an attorney--I mean with an office, and actual clients and everything, or just some lunatic stroking himself in the law library?
ReplyDeleteStill nothing with regard to my arguments. Rather more insults. Once again status threats. Young child, maybe one day u will get a bar # too. In the meantime try not to be so jealous. I'm awaiting ur arguments.
ReplyDeleteLU -- I am not 10:42, but I am 9:23 and 12:24, and I have TWO bar numbers.
ReplyDeleteThis is the FIRST post I've ever made regarding you and probably the last b/c I don't care that much.
However, you really are a wannabe. You speak of theory and the like. You likely aspire to the position of professor, but your grades are such that you'll never be selected.
Too bad. And the "M" word?? I don't know what that means, seriously.
However, I have one for you..."D-word," for dildo, dickhead, douchebag, or dipshit.
No one wants to hear you chime in on EVERY single post. Please limit your comments to say every fifth topic at least....just a suggestion.
Regarding Markell -- I actually agree with you there...total prick.
Well @ mr many numbers. It is hard to tell u all a part given u all have the same name.
ReplyDeleteOn your points: yea I talk too much. Sorry if I bore you. It does sound like you have about as much empathy as myself for things I care little about. We sound more similar than you know.
Sorry have no desire to teach. I make way to much litigating. Prof's are some of the ones that have my ire. Not out of jealousy, out of refusal to embrace reality and for their refusal to teach students anything about practice.
As for M-word = Markell.
I deal with judges, attorneys and politicians everyday that embrace bias. That's why I'm indignant.
I like your lack of respect. So. You r likely not part of the problem. Nice to meet you, though. You should give us a nickname so we know u aren't three different people.
Sorry to be such a D-word but it is in my nature. Law school was too long ago to remember grades sorry. No way I'm going back, too much pretention.
BTW. What is a "wannabe"? What am I trying to be?
I actually appreciate that LU posts under "LU" so I know which post to skip over. Keep voicing opinions that no one cares about LU...douchebag.
ReplyDeleteLMFAO
ReplyDeleteI love that you can't resist responding to me with zero substance. So, far I'm just a douchebag...legally speaking. LOL. What scent? I would expect you to hold back, naw, I didn't think so, beyond your ability. Next time call me stupid or a dick, They will be easier to spell for you. Hey, are you sure you are not a cop. You don't sound like an attorney, your sentences are too small and your logic, well, what logic. Or were you going to tell me why I'm a douchbag? No, I didn't think so, words are tough, huh...Your friend and admirer...LU.
not sure who it is or when it will come out but there is rumor in the attorney realm that some big advertising attorneys are dipping into their client trust funds to cover operating costs not sure how it is but the news should drop soon!!!!!!!!!!!!!!!
ReplyDelete