We've previously noted Bankruptcy Judge Bruce A. Markell's tendency 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.
(LVRJ)
Isn't it that you are not an attorney until you get sanctioned?!?!?!
ReplyDeleteHarris Merritt Chapman really fucked up. they'll lose
ReplyDeleteI have Neil Beller as opposing counsel in a case. In my opinion, he deserves to be sanctioned!!!
ReplyDeleteJones is a lightweight. He knows Markell is a brilliant. Like so many schoolyard bullies who pick on kids who raise their hands in math class, he probably toasted Markell to assuage his feelings of inadequacy.
ReplyDeleteSince when does professional courtesy override the RPC? I don't remember reading that anywhere. Markell is a credit to the bench, but he's strung a little tight and derives way too much pleasure from "catching" people.
ReplyDeleteJones' "opinion" reversing has little to no actual analysis. What a joke. I appeared in front of Jones more when he was on the bankruptcy bench than when he moved up to district court. Never was totally blown away with him--he seemed IMHO to favor the older and Mormon attorneys, and never really got too deep into any analysis--almost like he didn't care. At least with Markell you know he reads it and thinks about it.
ReplyDeleteAlso, I agree with the prior comment on Beller--slippery and mostly incompetent.
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ReplyDeleteDon't confuse Judge Jones' quiet and reserved nature for a lack of legal acumen. It is a sad we are losing one of our best to the north.
ReplyDeleteI like the way that Markell runs his court. We all know that the Debtor BK bar is set extremely low (paralegal mill practice), so attorneys that constantly file late oppositions deserved to be called out.
ReplyDeleteAs for the "good ole boy" trend that is Nevada law, it's nice to see movement where the rules of procedure actually have a purpose.
Jones has written some BRILLIANT opinions and while courteous and at times, soft spoken, He nearly always gets its right. Its a sad day for Southern Nevada.
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ReplyDeleteAnonymous said...
Harris Merritt Chapman really fucked up. they'll lose
Hey guess what...read Jane Ann Monday...
Evidently those smarter than those that think they are smart have been vindicated. Harris Merritt Chapman was vindicated 100% and the 9th Circuit gave Markell a pretty good beat-down all at the same time.
More to come...