Wednesday, September 30, 2009

Sidebar: What's in Your Wallet?

As you know, we've been seeking tips for our Magic Number poll, which reviews the benefits and salaries of civil firms. People are sometimes a bit shy or nervous to put the info in an email.

Everyone always wants to know. What are people making?

Here is your chance to be completely anonymous. No email addresses attached to this. If you are comfortable leaving your firm name, please do. If not, tell us how long you have been practicing, the size of your firm, hourly requirements and what type of law you practice. And, of course, the always inappropriate - how much are you making. Does your firm have a bonus program? What are bonuses based on?

As always, we value the opinions of our law student readers. How much do you expect to make your first year? Do you have offers? If you summered in LV, how much were you paid?

Tuesday, September 29, 2009

RJ Publishes "Magic Number" List for Public Employees

Oddly veiled as a hit-piece on our brave firefighters, the RJ has published a story accompanied by a HUGE Excel spreadsheet (upper-left corner) listing the salaries of every single Clark County employee.

The list includes the salaries of our local DA's and PD's, and some of their salary/retirement packages put our own Magic Number list to shame. (BTW ... we're still taking tips for our 2009 list of civil firm salary/benefit info)

Becoming a "public servant" is starting to look better by the day.

Monday, September 28, 2009

Should Have Done More "Investigating"

Many Las Vegas natives will recognize Colleen McCarty as the pretty investigative reporter from KLAS-TV, Channel 8. Turns out that Colleen, with her fourteen Emmy nominations, has decided to self-destruct is reaching for the stars: she is now a law student at UNLV's Boyd School of Law.

Boyd has put up a nice little posting for Colleen. In it, she states her reason for diving head-first into the bowels of hell:
"I believe a law degree will enhance my understanding of the people and the issues I cover."
There's her first mistake: Thinking law school will "enhance her understanding" of anything.

We wish you luck, Colleen. Just in case you're considering ditching journalism to pursue a career as an attorney, here's some reading material for you.

(Thanks, tipster!)

Thursday, September 24, 2009

Search for Local Attorney Ends


The Sun reports that that the search for Charles Titus, who was of counsel at Santoro Driggs has been concluded.
Mr. Titus was scuba diving in the Cayman Islands, where he was vacationing with his wife, and went missing during a dive. He disappeared Monday. The Sun reports that there are no signs of foul play.
Our deepest sympathy and condolences to his family, friends and colleagues.

Wednesday, September 23, 2009

Sidebar: A Simple Question

I was planning to do a fun and fluffy Sidebar this week since we got to fire judges in the land of make believe last week. But, as I have talked to friends and colleagues, I've noticed a theme... A theme of discontent. Often from unexpected sources. From associates to partners. Big and small firms. All areas of practice.

Sure, some days just suck. Perhaps you've dealt with a lying liar who lies all day and you wish that it was within the rules of professional conduct to add a Truth-Seeking Surcharge to the bill. Maybe things didn't go your way in Court. Or opposing counsel is simply making life hell.

But then there are streaks with day after day after day and you enter a sort of legal malaise.

This week's sidebar is a simple question: Do you like your job? Or, to make it more broad, do you like being a lawyer?

Tell us why or why not. If you are bold, tell us what type of law you practice and if you work at a big or small firm.

And, since there are many law students reading this blog, why do you want to become a lawyer?

Next week, we'll get back to a warm fuzzy. This topic has come up too many times recently and I've heard a lot of interesting comments from people I know. So, please, tell us your story.

Tuesday, September 22, 2009

But Things Were Going So Well ...

Someone by the name of Elizabeth Halverson (Get this: she claims to be a former judge ... can you imagine anyone actually voting for that lady?!) just lost a defamation suit brought by her former assistant, Ileen Spoor. From the LVRJ:
Spoor sued Halverson in 2007 for defamation and placing someone in false light, alleging that the judge lied about her to the media by saying Spoor illegally fixed tickets and took Spoor’s Rolodex and files.
A jury trial was scheduled for late October, but Judge David Wall granted summary judgment in favor Spoor on Thursday.

Wait ... summary judgment? Well, look at the big balls on Wall! Good for you, Judge. We thought summary judgment was just one of those law school myths, like the Rules of Professional Conduct.

As for damages, they are still being "calculated." Good luck Ileen, can't imagine she's got a whole lot in the bank. Of course, you could always try to garnish her lunch money.

Nice of you to visit, Liz, now please go away.

Monday, September 21, 2009

Shake Up At The RJC

It seems that some of our district court judges are getting tired of their civil-only calendars, so some older more experienced judges are learning to share. According to lvcourtsblog, a redistribution of civil and criminal caseloads goes into effect today, the following departments are affected:
  • Dept. 4, Judge Kathy Hardcastle, who will now have a mixed civil/criminal calendar.
  • Dept. 7, Judge Linda Bell, who will now have a mixed civil/criminal calendar.
  • Dept. 14, Judge Donald Mosley, who will now have a mixed criminal/mortgage foreclosure review calendar.
  • Dept. 15, Judge Abbi Silver, who will now have a mixed civil/criminal calendar.
Wow. One of these things is not like the other, no? Mortgage foreclosures for The Don? Say it ain't so!

Is someone trying to send a message here? Hasn't Mosely had a criminal-only calendar since, well ... powdered wig times?

So, for those of you who practice before these judges, how do you feel about this?

Friday, September 18, 2009

Judge Smith Linked to Possible Extortion Racket?

And the hits keep coming ...

On Tuesday Metro raided the office of United States Justice Associates, a counseling company that regularly does business at the courthouse, looking for evidence the company was involved in an alleged extortion scheme on the Strip.

From the LV Sun:
Intelligence detectives arrived at the company’s office, at 1212 Casino Center Blvd., with search warrants at 9 a.m., said the building’s landlord, attorney Osvaldo Fumo. Police didn’t leave until 4:30 p.m., and they took away computers and other items.

Detectives late Tuesday also interviewed District Judge Doug Smith, who has been linked to the investigation, sources close to the investigation said.
Ruh roh! (We really need to come up with a catch phrase for these things, suggestions welcome).

The company is run by Steven Brox, a seemingly shady character who was recently charged with a six-count criminal complaint for the sexual assault of a 15-year old relative. Here's how the program was (allegedly) run:
They allegedly pitched a program to casinos to do an end run around law enforcement and the courts. It was to have worked like this, authorities allege: When the casinos’ security forces detained people on trespassing and other minor criminal charges, the casinos were to route those people into United States Justice Associates’ program rather than calling police to make the arrests. Once enrolled in the program, the detainees would be charged $500 and the company would kick back $100 to the casinos for each person who completed the program, the affidavit says.
At this point it is unknown what Judge Smith's exact level of involvement was, but it looks like he may have given his endorsement to the program back when he was a Justice of the Peace. Zoinks! (Again, help). Check out the full LV Sun article for more details.

Irony

Las Vegas defense attorney Steve Altig was reportedly arrested and perp-walked out of the RJC on Thursday afternoon. Apparently he got the full treatment, handcuffs and all. Rumor has it that there was a warrant out for his arrest.

Anyone have details?

(Thanks, tipster!)

UPDATE:
Looks like the RJ has a few details. Apparently Altig had meth and a gun on him at the time of his arrest. (Thanks, Anon. 9:15)

Wednesday, September 16, 2009

Thoughts On The Disco Commissioner ...

Keeping with what appears to have become "judicial week" here on WWL:

We've been receiving emails leading us to believe there is a growing uprising of attorneys who would like to voice their opinions regarding Discovery Commissioner Bonnie A. Bulla and her, let's say, "demeanor" lately.

We are happy to provide a forum for such comments, with the following caveat: keep it above the belt. We're not trying to turn this into a bash-fest.

Keep in mind that Comish Bulla is (very likely) a reader (or about to become one), and she may take some of your constructive criticism to heart. Hey, we're trying to be optimistic here.

So you have some background for the discussion, here is an excerpt from one of the emails we received:
There is a growing, but silent, consensus that our Discovery Commissioner is tantamount to the Red Queen in Alice in Wonderland. She might as well just say "off with their heads" for all the actual nonsense that actually does spew forth from her courtroom. I know that there are countless stories of the petty reasons folks have been summoned to appear before her majesty. I just spoke with another practitioner who said that he spent 2 1/2 hours with her and of the 35 items she heard, only 2 were actual discovery disputes, the rest was her scheduling nonsense. Her courtroom is packed to the gills, but if you stand outside, you risk missing your item because she calls things out of order. I am particularly fond of her new practice of sanctioning attorneys who don't appear on matters that don't involve their client. Plus, she makes Judge Leavitt look like a pleasant, cordial jurist. Her behavior is unprofessional, rude and bordering on dictatorial. The sad thing is, there's no way to avoid her because she is the discovery monopoly. I would love to have a mass call-in day to Judge Gonzales where everyone just unloads. I'm willing to bet Judge Gonzales has no idea about the insanity that now reigns on the Fifth floor. I never thought I'd say it, but I miss Tom Biggar.
So, commenters ... your thoughts?

Tuesday, September 15, 2009

Sidebar: Variation on a Kanye Theme

Sometimes, life throws a curve ball and someone steals your thunder. Perhaps you have just won your first Video Music Award from a channel that no longer plays videos. Perhaps you just got engaged but your attention-thief sibling announces that she is expecting a baby at your engagement party. Perhaps you have just been declared the winner of an election to the bench in the Eighth Judicial District Court in Clark County, Nevada.

X, you are the winner!!! You come on stage to accept your award. Then, some punk know-it-all lawyer jumps up on stage and takes the mic while you are talking and discusses how someone else should have won.

We've had a chance to talk about your favorite judges. Now, here's your Kanye moment, but we're making it a bit more fun. In this fantasy, you get to jump on stage and take the title of judge from the winner.

That's right, legal community. The time has come. Who do you want off of the bench?

Monday, September 14, 2009

Judge Cadish A Possible Candidate For U.S. District Court

District Court Judge Elissa Cadish is rumored to be on the "short list" of possible candidates to fill Judge Clive Jones' spot in U.S. District Court. From the LV Sun:
Reid’s office has been inquiring within the legal community about Cadish’s credentials. He’s said to be looking for a woman to fill the lifetime judicial seat.

Huh. Wonder if they have a masseuse over at the federal building.

So, commenters, what do you think about her "credentials?" Has she impressed any of you in the past two years? Enough to deserve a lifetime appointment?

The Sun also noted that veteran U.S. magistrates Peggy Leen in Las Vegas and Valerie Cooke in Reno were being considered.

Friday, September 11, 2009

Sidebar: Best Place For a Power Lunch

Attorneys love to eat, some more than others (we're looking at you, Keriger ... or maybe it's Haines ... anyway, one of you).

For this Sidebar, we want to know your favorite restaurant. This could be somewhere downtown you like to stop after court, or just somewhere you like to take clients or meet with coworkers.

Where is the best place to grab a bite and hobnob with fellow members of the bar?

Markell and Jones Disagree Over What Constitutes "Misconduct"

We've previously noted Bankruptcy Judge Bruce A. Markell's tendency not to take any shit to be a bit harsh on attorneys who run afoul of him. But it seems that at least one Judge thinks BAM may be going a bit far with his rulings.

Jane Ann Morrison had an interesting column yesterday about Markell being overruled by U.S. District Court Judge Clive Jones. The ruling was regarding Markell's sanctioning of attorney Neil Beller. Morrison reports:
Markell was harsh in his evaluation, writing Beller "discredits the work of all attorneys before this court and in the state of Nevada by calling into question whether attorneys will faithfully and loyally serve the interests of their clients." Markell disciplined the longtime Las Vegas attorney, saying Beller represented two opposing parties in the same bankruptcy case without obtaining the consent of the clients.

Beller appealed the reprimand, and U.S. District Judge Clive Jones looked at the same facts and said Beller's conduct "constitutes a mere professional courtesy and in no way, actual or potential, threatened harm to any represented party." Beller didn't violate Nevada Rules of Professional Conduct or breach his duty. In fact, Jones didn't see in his four-page opinion issued Sept. 3 that Beller did anything wrong.
Oh, Jones, you 'ole softy ... let Markell have his fun. Morrison notes that BAM has another appeal of a sanctioning he handed down to Henderson law firm Harris Merritt Chapman pending before the Ninth Circuit. We hope this doesn't stifle his ability to write those great bench-slapping Orders.

Tuesday, September 8, 2009

Local Attorney Disbarred (For Three Years)

In an attempt to show that our Rules of Professional Conduct do have consequences, the Supremes disbarred Las Vegas attorney Manuel Montelongo, who must wait three years before applying for reinstatement.

Montelongo reportedly misappropriated (read: stole) client funds and, according to the LVRJ, didn't put up much of a fight:
In the affidavit, Montelongo wrote, "I submit the instant affidavit consenting to disbarment with full knowledge that if the State Bar of Nevada prosecuted the complaints and grievances, I could not successfully defend against the charges."

His attorney, Gregory Knapp, declined to comment on the disbarment.
Good call going with an attorney on this one, Manny. You don't want to go into a disbarment proceeding pro se, especially if you suck. Enjoy your three-year "time out."

Supremes decides it's best to keep certain prisoners in jail pending appeal

In a decision that took them way too long, our Supremes concluded on Friday that it was not in their best interests to let O.J. Simpson out on bail pending the appeal of his case.

Justices Cherry, Saitta, and Gibbons signed the Order, noting that while NRS 178.488 allows them to grant bail to criminals pending appeal, they choose not to do so in this case.

Good call, boys (and girl).

Thursday, September 3, 2009

Sidebar: Dream Jobs

Once upon a time, there was a poll to rate the best firms in Las Vegas. It seems that a lot of people were not satisfied. For this Sidebar, I want to know where your dream job is. Your legal dream job, of course.

Regardless of how happy you are at your current job, what is the one firm that could call you tomorrow and you'd be willing to move without question? What is it about that firm that makes you want to work there? Is it money? Reputation? Prestige? Really close to your house?

If you are solo, would you ever want to join a firm again or are you the best boss on earth? (Do you buy you mugs that say "World's Greatest Boss?")

Also, for those with their eyes on black robes and the bench, what makes you want to be a judge? Is it the amazing power? The staff of minions? The respect and prestige? (Hmm, this sounds a lot like partnership in most firms, so what makes the difference between powerful partner and The Honorable Judge ME.)

Let's hear it in the comments.

Charges Against Judge Miley Dropped (Likely Because She's Hot)

The Las Vegas city attorney has declined to prosecute a misdemeanor battery complaint against Judge Stefany Miley. The complaint arose out of a soccer mom fight Miley was involved in on May 19 at a soccer field in Summerlin.

The LVRJ got a look at the complaint filed by Rhonda Gold-Charbonneau:
According to the police report, Gold-Charbonneau said that Miley approached her and accused her of touching her children and talking about their family.

An argument ensued between the two women. At one point, a soccer coach unsuccessfully tried to get them to stop arguing, the incident report said.

Gold-Charbonneau alleged Miley then said, "If you ever touch my boys again," but didn't finish her sentence, according to the report.Gold-Charbonneau then contended that Miley, with a clenched fist, bumped her body into Gold-Charbonneau's, the report said.

Gold-Charbonneau asked Miley whether she wanted to fight, according to the report. "Suspect yelled 'Shut up' and she (victim) replied 'You shut up.'" The incident ended with Miley walking away, according to the report.
Sounds pretty tame to us, too tame. We were hoping for a little hair-pulling at a minimum. Needless to say, it looks like Miley lost at least one vote. Of course, she'll probably pick up a few male votes, so it's a wash.

Who will get the nod for Judge Sandoval's Judge Jones' spot on the bench?

Attorney General Catherine Cortez Masto
She’s Democrat and “effective and popular" according to Tobias. (RJ) Plus, President Obama seems to like the diversity angle with his judges and Cortez Masto would add some Latina flavor to the pale Nevada bench. Cortez Masto is also a native Nevadan. (AG website) She graduated Cum Laude from Gonzaga University School of Law, in Spokane, Washington in 1990. (AG website) Cortez Masto became Attorney General of Nevada in 2007 and worked as Assistant County Manager for Clark County for five years before that--giving her experience in the north and the south of the state.

Federal Public Defender Franny Forsman




Barbara Buckley

U.S. Magistrate Judge Peggy A. Leen

U.S. Magistrate Judge George W. Foley, Jr.

TEMPLATE FOR FED JUDGES:
Magistrate Judge McQuaid has spent 13 yrs on the federal bench, appointed as a magistrate in 1996. (US Dist Ct) He received his law degree from Willamette University College of Law in 1971, and was admitted to the State Bar of Nevada that year. Before his appointment to the bench in 1996, Judge McQuaid was a partner in the law firm of Georgeson, McQuaid, Thompson & Angaran in Reno. Biggest hurdle: he’s a Republican in a Democratic Presidency, but based on seniority on the bench, he may be the man for the job. (US Dist Ct)

Wednesday, September 2, 2009

Mid-week Round Up

Leftist, hippies and strippers who want their First Amendment rights lament! The Nevada ACLU's local leader, Gery Peck, has stepped down. (Las Vegas Weekly)

Congratulations to Lewis & Roca. The firm leads the Legal Aid Center of Southern Nevada’s pro bono case count with 27 cases in 2009. (L&R PR) [Shame on you Nevada firms for letting a regional firm out pro bono you in your own state]

We lost a good one. Long time Clark County Clerk Shirley B. Parraguirre, who used to butt heads with District Court Judges over whether that had the authority to alter court minutes, has died. (RJ)

Football Player's Attorneys Playing Hardball?

Up north, things are heating up in Reno in the civil suit against Pittsburgh Steelers quarterback Ben Roethlisberger (RGJ). If you haven't been following the story, the allegation is that Roethlisberger raped a Harrah's Lake Tahoe worker, Andrea McNulty, who claims management covered it up.

Recent pleadings reveal that the alleged rape victim sent emails to a Harrah's security chief around the time of the alleged incident, saying Roethlisberger was "so effing hot" and joking about carrying "Big Ben's baby". (RGJ).

Well, in light of the emails, Big Ben's attorney has apparently decided the best defense is a good offense and is threatening sanctions:
Also Wednesday, Roethlisberger's lawyers threatened to file a motion for
sanctions against Andrea McNulty's lawyer, Cal Dunlap, saying he failed to make
a "reasonable inquiry" into her claims, and if he had, he would have "discovered
that the evidence does not support (her) reckless allegations."

Nice aggressive strategy. Try to take out the lawyer's legs before the Court has to deal with evidence or motions for summary judgement. Now that's a pitbull.

Tuesday, September 1, 2009

CCC Goes After Scheetz

The dark horse of our billboard/advertising firm battle royal, C. Conrad Claus, has joined forces with Michael J. Amador to hit the sexually deviant former-CEO of Morgan's Hotel where it really hurts.

Ed Scheetz (yes, that's his real name) apparently likes it rough (full story and police report from 2007). According to a Complaint filed in federal court on Friday (Case 2:09-cv-01653-RLH-RJJ), the family of the girl he may or may not have killed would like to be reimbursed for the loss of her daughter.

So, what are your damages when you go after a former hotel fat cat for wrongful death? How about $650,000,075.00 (yes, six hundred fifty million and seventy five dollars), plus funeral expenses and, of course, reasonable attorney's fees. God bless our federal courts and their non-restrictive pleading practices.

We're hoping that if CCC gets anywhere near that amount he will hang up his hard shoes and call it a career, riding off into the sunset in his gold-plated Bentley.

Oh, and if would like keep up with what sexy Ed is doing nowadays, he has a Twitter account that he regularly updates. Just like us!

The tip we received contained a copy of the Complaint with some fairly graphic exhibits attached. In order to keep our 'lil blog wholesome, you'll all just have to use your imaginations (or look it up yourselves).

(LV Now; CNS; Thanks Tipster!)

Nevada Sixth Circuit Calling Out the Supremes?

Nevada lawyer recently did a profile of the Judges of Nevada's Sixth District and one paragraph caught our eye. Judge Richard A. Wagner was asked what one thing he would change about Nevada's legal system, and the article states his response was:
If there were one thing Wagner could change about Nevada’s legal system, it would be for the Nevada Supreme Court to recognize the separation of powers doctrine between the District and Supreme Courts. He feels that the current Nevada Supreme Court seems to be attempting to interfere by creating additional rules for the district courts.
Shazam! That's a classic shot across the bow, folks. And from a District Judge, telling the Supremes to back off. It's rare to see District Judges being so outspoken, but hell, this is Nevada. And the Sixth Circuit is old-school Nevada, encompassing Humboldt and Pershing counties, with the courthouse [pictured left] located in Lovelock. We expect Judge Wagner still rides a horse to work.

One other thing: we haven't taken Con Law yet, so we're confused about something. Is there a "separation of powers" doctrine between trial courts and appellate courts?