Friday, July 30, 2010

Friday Open Thread

Happy Friday everyone!

What a great week - barzam is over and the powers that be cut fees for electronic filing by 40%! It's like Christmas!

Enjoy your open thread!

94 comments:

  1. OK... enough of the nonsense about legal community gossip and cute bankruptcy attorneys. How about a little real, honest debate? Your votes for best trial attorney in town. Civil, criminal, whatever. Not best lawyer, not smartest attorney, not who makes the most $$$. Just who is best in a Courtroom, in front of a jury. Let's hear your thoughts.

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  2. Best trial attorney I've seen(Civil) -- Doug Gerrard. Don Campbell and Walt Cannon tie for second.

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  3. Did you all see this write-up on Righthaven (featuring a full length photo of Steve Gibson)in Wired Magazine? http://www.wired.com/threatlevel/tag/righthaven/

    Can't wait for anyone with half a brain to fight their weak copyright claims. Seriously, suing people who are the source for an article and who put that article on their website? fair use much?

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  4. Agreed on Campbell. He's good. So is John Cotton. And of course Eglet. As far as civil goes. I work in the Courts and see both civil and criminal lawyers. Criminal tend to be better because they are in court so much more.

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  5. Hands down.....wait for it.......COBEAGA!

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  6. My first call if the unthinkable occurred would be Gus Claus,the less menacing half of the Claus brothers. Intelligent, proactive and he actually cares.
    Someone pointed out that you can tell the esteem that an attorney is held in by watching who other lawyers call when they're in trouble. Bill Terry seems to be popular in that regard.

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  7. The question is, who would you want representing YOU. The answer is, Marty Keach. While the lawyers above are great (but Doug Gerrard?) Marty would fight till the death.

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  8. That's because Bill Terry is a good lawyer and every judge in town respects him. He hasn't tried a jury trial in about 10 years though. You would hire him if you wanted to avoid a trial. He's a deal getter. You would hire Gus Claus if every other single lawyer in Vegas died in a massive plane crash and you were a mute who couldn't represent yourself. That guy is a tool. And he wears sandals in court. Nice enough, but literally brutal as a litigator.

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  9. I want an attorney who knows the law and can understand the cases he uses in his arguments....Gus Claus? Nice guy, but cannot analyze his way out of his birkenstocks.

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  10. @ 8:50-
    Is that you, Conrad?
    Isn't that we ultimately would want, to avoid a trial?
    Don't be a hater.

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  11. Hi! My name is Jonathan and I am going to hire....well. ME!

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  12. I vote for Dominic Gentile. He knows how to build a raport with a jury. I also agree on Eglet and lest we not forget Vannah. The comfort level in the courtroom for all three is hard to match. Just my opinion.

    and for @ 8:26am... I love it when the intellectual property bar get giddy...

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  13. JMAC! Hire yourself. If you can't afford the top 2 track attys with better stats than you.

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  14. MacArthur you're an idiot. If you're in trouble criminally either Bill Terry or Rick Wright, if I'm getting a divorce, Radford Smith, if it's a PI matter, you gotta go with Eglet.

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  15. Gentile is a huge name. Talent doesn't match. Overrated. His ego does match though.

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  16. Like 8:32 I work in the Courts. There are some really good civil lawyers, but they whine too much. The good ones to watch are Don Campbell, Vannah and Eglet. Criminal lawyers are way better. Especially the DAs. All of the best trial lawyers I have seen are DAs.

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  17. There's an interesting segway... who are the best DA trial attorneys. We lowly criminal defense lawyers need all the help we can get...

    and all trial attorneys have an ego @ 9:ooam... its a prerequisite. Gentile definitely thinks way outside the box and the Nevada Supreme Court sits up and listens when he speaks. I've watched it first hand. I'd rethink ur belief that he's overrated.

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  18. Criminal attorneys are waaaay better in court. There cars just aren't as nice. Best defense lawyer, Pete Christiansen. Some of the PDs are actually really good too. District attorneys try the most cases so they do the best job. Best ones? Robert Daskas, Josh Tomscheck and Marc Digiacomo.

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  19. Why are the judge's law clerks at the RJC so incompetent. They don't seem to understand anything and you can't talk reasonably with them. You try to explain something to them and it's like talking to a wall. I've practiced in other jurisdictions and have never had such problems.

    Any thoughts?

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  20. I thought Gentile was overratted to. Then I had him for Tral Ad back in law school. Had preferred to take it from someone else and time slot was bad so "settled" for him. Fate dealt a good hand that day as he was amazing. Have had much trial ad type training since and while good, did not match his abilities. He may be pompouse....but he erned it.

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  21. Best PI plaintiff trial attorney = Robert Eglet with honorable mention to Vannah. With them, a client gets the added benefit of their relationships with the judges.

    Best overall business/civil trial attorney = Tom Beatty and/or Don Campbell

    Best insurance PI defense trial attorney = Tom Winner.

    8:32 am makes a good point. In his long career, Mitch Cobeaga has been very very good at both sides of the PI trial game! Neil Galatz was also exceptional in his day. Gerry Gillock as well. Marty Keach is indeed tenacious, but he pisses folks off when he simply won't shut up.

    Who are Doug Gerrard and Gus Claus?

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  22. Anyone know anymore details on this....

    http://www.lvrj.com/news/service-of-court-papers-probed-99531864.html

    http://www.lvrj.com/news/process-server-was-cited-by-state-investigators-99611074.html

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  23. OK 9:09 -

    Since you are a "lowly" criminal defense lawyer, who do YOU think are the best criminal trial attorneys. DA and Defense? Anyone else can chime in.

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  24. Who the H&$@ is Dan Silverstein? I recognize every other name mentioned so far, but who is that? If you're posting your own name you aren't playing fair. I know there are some criminal lawyers out there to weigh in on this issue since none of you work on Fridays.

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  25. PI Plaintiff--Eglet; Criminal defense--Pitaro (read the cross examinations of Venger and Thalgott); Med Mal defense: Cotton; D.A. --Mark DiGiacamo; Pure trial attorney--Don Campbell

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  26. 10:32- He is a PD. And no, I am not him.

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  27. 10:33-

    Good post. Good choices. However... It is clear you only picked Pitaro and Digiacomo because they are sexy.

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  28. A say WORST is Amador. Absolute bottom. Stay OUTTA DA court room bad!

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  29. Telling people not to post mortem is sorta futile. Some people want to, others don't. Just beccause some do does nto make it a bad thing....don't hate the post mortemers.

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  30. Since Bob Amundson retired the best PD is Curtis Brown. Hands down. Best DA all around is Daskas. Digiacomo is also super solid. So is Weckerly. Best DA at argument is Tomsheck. He's just younger. It totally depends on the case as to who is best. But All the court staff, clerks and marshalls will tell you those people if you ask who is best. There are lots of good DAs and PDs.

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  31. I've seen Gerrard in trial a couple of times (he represents a lot of title companies). He is really good but I don't know if he warrants ranking above Don Campbell.

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  32. Who cares about best attorneys?Talk about something interesting. Anybody celebrating the taking of the bar exam pick up any strange?

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  33. I do civil work, but had to have a client retain a criminal attorney in a wrongful death case (that had concurrent criminal allegations by the State). Chris Oram was the criminal attorney and he was awesome.

    He was extremely competent and not the least bit egotistical.

    If I, or a loved one, was in criminal trouble, I would call Chris in a heartbeat (and, no, I am not Chris Oram).

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  34. Jul. 30, 2010
    Copyright © Las Vegas Review-Journal

    Arrest warrant issued for unlicensed process server

    By JEFF GERMAN
    LAS VEGAS REVIEW-JOURNAL

    Las Vegas Justice of the Peace Joe Bonaventure signed a warrant this morning for the arrest of former police officer Maurice Carroll, an unlicensed process server, on 35 felony charges stemming from a scheme to submit false affidavits in court.

    Bonaventure set bail at $105,000, as intelligence detectives looked to take Carroll into custody.

    Carroll, 41, who records show was fired from the Las Vegas police department in 2000 after 10 years on the job, is facing 17 counts of perjury, 17 counts of offering false instruments for filing or record and one count of obtaining money under false pretenses.

    All of the alleged illegal conduct took place on two days, May 13 and June 13, according to the 12-page criminal complaint.

    Detectives are investigating allegations that Carroll's process serving company, On Scene Mediations, submitted false affidavits in justice courts around the valley, potentially disrupting the lives and finances of thousands of civil case defendants.

    On Scene Mediations is alleged to have filed affidavits swearing that it served defendants with copies of lawsuits, but in many cases the lawsuits were not served, police said. That resulted in judgments of default against some defendants because they failed to respond to the lawsuits in a timely manner.

    The company's clients include widely known payday loan and debt collecting firms.

    Court officials said they don't know the scope of the problems On Scene Mediations created for Southern Nevada's courts, but police estimated thousands of cases could be affected. Records show that Carroll's company, which was run out of his North Las Vegas home, was doing about $50,000 in business a month, police said.

    Most of the cases involving the alleged fraudulent affidavits are in Las Vegas Justice Court, but detectives also have found cases in the North Las Vegas and Henderson justice courts, police said.

    Las Vegas Justices of the Peace Melissa Saragosa and Diana Sullivan, who dealt primarily with civil cases, uncovered the alleged scam.

    Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135 or read more courts coverage at lvlegalnews.com.

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  35. Oh Snap! The LVRJ is gonna slap 12:49 with a copyright lawsuit in about...15 minutes.

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  36. @ 9:15-- All the law clerks can't be horrible can they? In my experience, there are a few very good law clerks. Anyone else have an opinion?

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  37. Dude, hire competent counsel now. RJ is coming to sue your ass.

    Also, blogmeister might want to take the article down. I could imagine some copyright troll suing you too!

    I hope to live to see the day when IP is dead. Down with IP!

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  38. I wish they'd go after the lawyers who used these crooked process servers. I think some of these guys doing high volume creditor cases in justice courts have got to know that their process server's are full of shit, and just don't care. Because, after all, it's just payday loan users, and who's going to believe those people when they say they didn't get served? I had one of these schmucks claim service against my client at a fake address that turned out to be a business less than half a mile from his office. No way he didn't know the address wasn't a residence, he'd have to drive past it every day. Sure, the process server was a liar, but I think the lawyers who don't supervise the process servers properly share just as much of the blame.

    Good for for Saragosa and Sullivan for actually believing the defendants, noticing what was going on, and reporting it to the court. I've always thought they were good judges, and this proves it, because a lot of judges would have been to lazy or uncaring to actually follow up on this issue.

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  39. Yeah, you should probably delete that comment and whoever is posting the links to that story should also stop - just because it's not THAT interesting. This is Las Vegas, this crap happens all the time.

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  40. Saragosa is a smart judge, at least on landlord tenant stuff. She actually knows the rules and isn't afraid to read them to counsel who have stooped so low to appear in Justice Court.

    Also, that RJ article should totally be left up as bait for righthaven.

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  41. Best Trial Attorney (Criminal) = Thomas A. Ericsson

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  42. What? Why do you people post nonsense? Claus? Ericsson? If this was a debate over nice guys, they would be appropriate. But to call them the best trial attorneys is crazy.

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  43. Weckerly. Daskas.

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  44. Breaking: Noel gage license suspended

    http://www.lvrj.com/news/noel-gage-suspended-from-practicing-law-99660574.html

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  45. Q: What's the difference between Noel Gage and a pigeon?

    A: A pigeon can still make a deposit on a mercedes.

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  46. Gus is great, I heard he once convinced a rural JP that Miranda applies to an interrogation that takes place...over the telephone.

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  47. Best criminal PDs: Scott Coffee, Ed Kainen (former DA) and Gary Guymon (also former DA). Best appellate PD: JoNell Thomas (she rocks).

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  48. Really surprised Giancarlo Pesci isnt in the mix for best DA at trial. Although I have to agree Pam Weckerly, Tomsheck and Daskas are probably the most likable to a jury. Josh's closing during the recent Conner case- fing amazing. Best defense lawyer at trial- Richard Wright - hands down BUT some PDs like Dan Silverstein and Norman Reed are pretty effective at creating reasonable doubt

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  49. ohhh and JoNell Thomas is an angry little troll, who couldnt put on a trial to save her life but still tells everyone how a trial should be conducted.

    Seriously ask her about her trial experience.

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  50. Best trial team is Eglet/Adams and it's not even close. And no this is not Remmel

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  51. In Family Court, Ed Kainen and Bob Dickerson are awesome. If you can't afford them, Stacy Rocheleau and Marvin Longabaugh are good, moderate cost alternatives.

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  52. "Gus is great, I heard he once convinced a rural JP that Miranda applies to an interrogation that takes place...over the telephone."

    Which is unethical argument that should get you sanctioned by the bar.

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  53. Oh, please 12:33. Clearly you've just lost to JoNell too many times, and now you're sniping about it. JoNell is an amazingly bright attorney. Did you see that she just got the NV Supreme Court to overturn a death penalty case of procedural grounds? You have to do some seriously brilliant lawyering to get the NVSC to rule in favor of a criminal. She's bad-ass is what she is.

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  54. I vote for the other Gentile. Mark Gentile is definitely different, sometimes every other word out of his mouth is "cocksucker" but he knows what he is doing at depo and trial.

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  55. ummm 11:06 in order to lose to JoNell I would need to have tried a case against her since she's tried what one case ever before running to appeals- I've obviously never had the pleasure.

    Seriously, are you one of her students that she uses to write one of her hundred page briefs.

    What DP case did she just have overturned?

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  56. Anyone know anything about Mace Yamblowski? (sp)

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  57. 5:28 PM - Smart. Quicker on his feet than most attorneys.

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  58. Ummmmmm, @3:11? Is that you, Trish?

    Some people excel at motion work, some people excel at litigation in the courtroom. The rare attorney can actually do both. JoNell can both write appeals and argue them. And, if the lack of trial time really bothers you, maybe you can take it up with Dan Polsenberg, another excellent appellate attorney that you civil letter-writing creeps may know.

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  59. Jon Remmelis the best young litigator around without question.

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  60. Has anyone ever dealt with a solo plantiff's guy named Travis Jameson?

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  61. Way to self promote Jon. Nice to see you spend some of your time outside tiny Adams ass.

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  62. We need a salary update for the Valley. It's been way too long, and I'm guessing there have been some significant pay cuts over the past year or two since WWL's last update.

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  63. On the Service of Process story, the attorneys in question who were involved with the cases that are the subject of the investigation are Greg Wilde and Kevin Hansen. One or two bad serves happen--nature of the game. You run 500 bad affidavits and default judgment applications through Justice Court and something is seriously wrong.

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  64. Perhaps we should start a string on Trish Palm aka 3:11.

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  65. 9:01 july 31 can you tell me the names of some of the cases Remmel tried? I'm curious about ur claim because the only time I recall seeing him in the trial reporter he lost a short trial

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  66. I've had a case against Remmel. I found his on top of his files and a straight shooter. Very good as far as PI guys go. But that was before he went on his own.

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  67. Ummm ... Norm Reed? nice guy but doesn't anyone remember when he went to jail a few years ago?

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  68. Anon 11:49 -- I got my ass handed to me by Mark Gentile. I would not rate him among the elite of the trial bar, but I seriously underestimated him in front of a jury in his Dockers and Payless dress shoes. He has a folksy, everyman persona that juries just eat up, and he is in trail all the time. That's kinda like the movie "Groundhog Day"...he's practiced it til he's got it right.

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  69. RE: 3:11 AKA Trish Palm

    She's hot!

    It must be a crush to your ego to lose in the primary to Jerry "JawsLaw" Wiese.

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  70. Pesci is totally in the mix of best criminal attorneys at trial. He's every bit as good, if not better, than the other DA's who were mentioned, who are all excellent lawyers and we're lucky to have them prosecuting cases. I have to agree that they are the best in court because they are in court all the time.

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  71. For cross, you can't do much better than Scott Coffee or Joe Abood. I saw Dave Westbrook close a case last year and it was the best I have ever seen. I can't believe people don't know who Dan Silverstien is by now. Go watch him.

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  72. While it's clear that the district attorneys are better in trial, anyone who knows criminal law knows Dan Silverstein. He works really hard and does well. He is not nearly as talented as Abood though. Abood is quite good and gets good results. Westbrook on the other hand is terrible. There isn't one judge that likes him and juries find him offensive. I'm shocked that someone named him as a good attorney. Must be a PD. Luckily for those of us who have to sit through these trials all day, he hasn't been around much lately. Some of us thought maybe he got fired.

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  73. @2:15

    Agree on Westbrook. He's obnoxious.

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  74. Sounds like a DA who got his butt kicked by Westbrook in trial. Obnoxious or not, Westbrook is great in trial. I saw him get a not guilty in a case where the defendant's wallet was at the crime scene. He also ended flat time in Nevada, so you can't really call the guy "terrible" without exposing your own bias, eh?

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  75. I'm not a DA or anyone that has "gotten his butt kicked" by Westbrook in trial. Just an observer. I've heard about 10 judges complain about him. The judges that he's appeared in front of that used to try cases think he's sub par. I've never heard of an important case that he's tried or a big verdict that he's gotten. And if he's actually good, he probably wouldn't have to worry about flat time, since he'd be worried about capital cases or life sentences in prison, not 60 days here or 30 days there county time. I'm sure he's fine on the small potatoes cases he's worked, but most people find him annoying and to mention him in the same conversation as the fine da's and pd's on this posting is silly.

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  76. This whole thread is a joke since JoNell Thomas was mentioned as one of the best "trial" attorneys Totally agree about Dan Silverstein and Pesci.

    Westbrook wasn't fired I think he moved to appeals.

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  77. The hilarious thing here is the comment that DA's are "clearly" the best trial attorneys. Tomsheck is the shining example? Didn't he lose to a pro per defendant in a sex case because the jury just could not stand his condescending, smarmy attitude? Face facts, the last two great trial attorneys at the DA's office are now the two best PD's: Ed Kane and Gary Guymon. The DA's office is Hack City, USA.

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  78. At 7:16

    Jesus Gary bang another stripper and get over it.

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  79. DiGiacomo and Daskas are the best Criminal lawyers in court. Period. Tomsheck and Pesci are good... Just not as good as those guys. All 4 have tried cases in my department and all 4 are super. Doesn't matter though because I think the civil guys like Don Campbell and Eglett are better anyway. Just because their cases are boring and take months of time doesn't mean they aren't better. I agree Ed Kaine and Gary Guymon are great, but doesn't that sorta prove that DA's are the best lawyers? Since those guys are only pd's because the couldn't see eye to eye with Dave Rogers? I don't know anything about this Westbrook guy... But based on this debate I asked around. I heard 2 things... I heard from a PD I know that he is his biggest fan. I wonder if that means he posts about himself? That would be weird. I also heard from another PD that he became a PD because the DA wouldn't hire him. That's all I could find out... Because apparently he is irrelevant. My judge said he's a loud mouth and the other judges hate him. But we've never had him on a case.

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  80. Best PD? Jonathan MacArthur.

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  81. Don Ianuzi beats out MacArthur but it is a very close race. Oh sorry, I thought the thread switched to worst/craziest attorneys.

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  82. Laura FitzSimmons is the best attorney in the state of Nevada. Ever. She is the best as she is equally talented in civil and criminal practice. Laura has gotten more people off of death row than any other lawyer in the country and she has made multimillions in civil practice.

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  83. JonEll T.--- Does not qualify for this thread! DUH! AND she sucked at teaching law at UNLV.

    That obnoxious Westbrook oozes Sleeze. I heard he was cockey and mouthy at his interview at the DA's office when he was trying to come out of appeals and go to track...atta boy!

    Civil attorneys have years to prepare their cases. Have the bennefit of pages and pages of sworn testimoney via depo before it ever gets close to trial. Crim? Not so much. I think some of the best civil trial attorney's came out of prosecutor's offices. many will tell you that is where to elarn the art and get the trials. You certainly have a lot to do to gain that in Civ given young associates are not taking cases to trial. I know a very very smart attorney who I respect beyond words....first trial was 8 years out of law school. That is what civ practice at a reputable firm gets you.

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  84. I used to be a PD and I know for a fact Westbrook was not "rejected" by the DA's office. He was hired by our office the day bar results came out... he's a true believer. He was always going to be a PD. DA's are so incredibly delusional. They think everyone is dying to work there when really the opposite is true. I've been around long enough to remember when Stu Bell ran things. That was a solid office-- people had ethics and perspective. There was a line out the door to work there. Rogers took over and the good lawyers began leaving in droves. You know it's bad when a guy like Ed Kane leaves. That says it all.

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  85. All of you douche bag DAs trashing JoNell on this anonymous blog would never have the balls to say anything to her face. When it comes down to it you're spineless and terrified of JoNell because she mops the supreme court floor with your embarrassingly pathetic briefs.

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  86. Call me crazy, but I seriously doubt that a PD or a DA could wipe the floor against a civil appellate attorney. Face it, we're just better at written advocacy.

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  87. @9:22

    Is that you Trish?

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  88. @ 9:05

    I dont know how true that is. I have a lot of friends clerking for judges this past year and I've heard a lot of horror stories. About 75% coming from civil attorneys. (But I think we can all agree family attorneys are the worst.)

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  89. Agreed. Family law attorneys are the worst.

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  90. Don Campbell - hands down.

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  91. Anyone who has time to post on this blog is DEFINITELY not in the conversation for best trial attorney.

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  92. My ex wife has a truly monumental tort case. Happened last week. I have been recommended to seek Gerry Gillock but never heard of him.
    The case is against a fortune 500 company, who injured her for life while violating federal laws that woudl have help reduce her damages.

    How do i pick the best guy for the job? What is typical contingency rate. Right now she is delaing with doctor,hospitals etc, but want her represented asap. morethaniq2000@yahoo.com

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