Friday, December 21, 2012

Twas the Night Before Christmas...

Maybe it's not the night before Christmas, but it is the Friday before what will hopefully be the slowest week of the year for you. We hope that you and yours (for those of you that have a yours or want to spend time with them) have an opportunity to step back, slow down, and enjoy putting a bookmark in these pages of your life. We hope you all have received ample bonuses and that you are not making your staff work on Christmas Eve and that you let them out early on New Year's Eve (my secretary made me write that). We hope that your books are all balanced and that your IOLTA accounts are full. Most importantly, we hope that you'll be safe and smart this holiday season: don't drink and drive.

Thanks for joining us this year. We're going to take the week off. In the meantime, if you feel so inclined, let us know what you're thinking, what the latest gossip is, or how we can improve the blog.

Happy holidays everyone!

Thursday, December 20, 2012

Ho, Ho, Ho. Now I have a Machine Gun.

Let us begin by offering our sincerest condolences to the families of all those affected by the recent events in Newtown. Tragic though it may be, it has served to reopen a national conversation about guns and gun control in the USA. You, dear astute reader, are well aware of the arguments being made in the public right now. You know that Piers Morgan is using his show to call Americans idiots and that Walmart is selling out of the AR-15 (if you read the Drudge Report) and that a full rescission of the Second Amendment is necessary (if you read the Huffington Post--this is just speculation...we only read the headlines, not the actual posts.)

We want to know if you have any thoughts on the subject with regard to how it affects your lives here. As you are no doubt aware, Nevada (other than Clark County) is a very gun friendly state. We permit both open carry and concealed carry, and have specific exceptions that permit judges, prosecutors, and county employees to carry concealed guns in the courthouse. See NRS 202.3673(4). Do you think that policy serves a purpose? Would we be safer if our judges weren't packing heat under their robes?  Should criminal defense attorneys be allowed anywhere near guns? 

Friday, December 14, 2012

Time for the Annual Airing of Grievances!

"The tradition of Festivus begins with the Airing of Grievances. I got a lot of problems with you people! And now, you're gonna hear about it." --Frank Costanza



Although Wikipedia says that Festivus does not happen until December 23, we think its time to commence the Annual Airing of Grievances (we'll save the Feats of Strength for the 23rd). Anyway, here's your chance to list your complaints from the last year. Think of it as a virtual bench/bar meeting where you have an open mic to identify the problems you face in practicing law (are you reading this Judge Togliatti?). Feel free to harp on the security and elevator lines (rumor has it the 8 new courtrooms on the third floor will be open by 2013--yay for escalators!), CLE requirements (you got yours done right?), lack of an intermediate appellate court, and Judge Israel's lack of follow through on discovery rules.

The floor is yours...


Tuesday, December 11, 2012

More Judges? Yes, Please!

Two little bits of recent news about area judges. First, as reported in the RJ, the Senate Judiciary Committee has a confirmation hearing set for Andrew Gordon tomorrow. Jennie Dorsey is still being vetted by Senator Dean Heller and so it is unlikely she will be confirmed as a federal judge before the end of the year. As you will recall, Senator Heller is rather fickle about judicial appointments, having sat on the nomination of Judge Elissa Cadish for quite some time now due to a gun control related answer she gave in a judicial survey. As the RJ reported, Senator Harry Reid has indicated that he will continue to push for confirmation of Judge Cadish to the federal bench into 2013.

In other news, the Las Vegas Sun reported that the Annual Judiciary Report confirmed that it is not just in your head that there is less work this year than last. Over 35,000 fewer cases were filed in 2012 than in 2011. Despite this drop off in filing, Clark County courts are still the busiest in the state. Another nugget from the article is that Chief Justice Cherry says the Court intends to ask the legislature to put an intermediate appellate court back on the ballot in 2014. We wish them luck! (Just what we need in Nevada--more judges!?)

Friday, December 7, 2012

BONUS ROUND!!!

It's time to talk bonuses. I know some of you are sensitive about issues like this and may not want to provide much information, but consider it a public service. Feel free to provide as much detail as you want, but at a minimum, we'd like to know how many years you've been practicing, the percentage of your yearly salary that your bonus represents (i.e. a bonus of $10K with a $100K salary is a 10% bonus), and what type of practice you're in (big/small firm, public/private).

Help us help you know if you're being fairly compensated!

Tuesday, December 4, 2012

At the Christmas Party hop....

It's that magical time of year again when the employees of law offices across the country join together to commiserate celebrate the holidays at the annual holiday party. For some of you, that means a genuinely good time. For others, it can really be the most miserable, uncomfortable event of the year. In years past we have heard about holiday cruises, fancy dinner parties at the finest restaurants, bowling, not-so-fancy dinner parties at the partner's house, lunch in the basement, and the equivalent cash value in lieu of a party.

What is your firm planning for the holiday party? An evening at Marche Bacchus or a night out at your local Dotty's? Anyone have any great holiday party stories to share? Do you have to attend to get a bonus (we'll talk more about bonuses in an upcoming post)? Do you exchange gifts? How many of you have had sitting judges at your parties? How many of you invested in real estate based on the recommendation of those judges?

Friday, November 30, 2012

Nice Work If You Can Get It.

As reported in the RJ yesterday, the Nevada Commission on Judicial Discipline suspended Judge Steven Jones. Pursuant to state law, he is suspended with pay until his trial date which, earlier this week, was set for August 21, 2013. Now we all know that Judge Jones is innocent until proven guilty, but is 10 months of suspension with pay really the best way to deal with this situation? The laws regarding this situation must have been thought of during better economic times because now instead of just paying Judge Jones, we're also paying Judge Teuton. (According to one of our commenters, he is getting a $1,000 a day to fill in.) One functioning judge for the price of two--what a deal!

Another of our commenters asked yesterday if any junior associates feel like the market is getting better because she was getting an increased number of calls from headhunters. What's the general consensus? Are things looking up for the market? What kind of rumors are you hearing about firms opening up, merging, or shutting down?

Rumor has it that Judge Riegle will be retiring from the bankruptcy court in the near future. Truth or mere speculation? Any details? How will this impact the BK hottie?

Finally, on a serious note, we're in the midst of the holidays and with all the stress surrounding those--in addition to the problems we face every day--it is easy to get overwhelmed. If you are feeling depressed, suicidal, addicted, or otherwise overwhelmed, we encourage you to seek help. Don't turn to abusing drugs or alcohol as a means of temporary escape. Don't endanger yourself or others. For many of these problems, you can anonymously call Lawyers Concerned for Lawyers at 1-866-828-0022. If you are feeling suicidal, call one of the hotlines listed here or call 911.

 

Tuesday, November 27, 2012

I'm Not a Lawyer, I Just Play One on TV.

For those of you who weren't aware, earlier this month the Supreme Court of Nevada amended the Rules of Professional Conduct with regard to advertising.  Click here to download the full text of ADKT 445.  Here are a few key changes:

RPC 7.2(b) "If the advertisement uses any actors to portray a lawyer, members of the 1aw firm clients or utilizes depictions of fictionalized events or scenes, the same must be disclosed. In the event actors are used the disclosure must be sufficiently specific to identify which persons in the advertisement are actors, and the disclosure must appear for the duration in which the actor(s) appear in the advertisement." 

RPC 7.2(i) "If the advertisement contains any reference to past successes or results
obtained the communicating lawyer or member of the law firm must have served as lead counsel in the matter giving rise to the recovery, or was primarily responsible for the settlement or verdict. The advertisement shall also contain a disclaimer that past results do not guarantee, warrant, or predict future cases.

If the past successes or results obtained include a monetary sum, the amount involved must have been actually received by the client and the reference must be accompanied by adequate information regarding the nature of the case or matter and the damages or injuries
sustained by the client and if the gross amount received is stated, the attorney fees and litigation expenses withheld from the amount must be stated as well."

RPC 7.3(d) -Changes the time restriction on targeted mail to accident victims from 45 days to 30 days.

Any thoughts on these changes?  This is good news for the public right?  Which law firms/lawyer(s) are going to have start putting a disclaimer that says "Not an actor, no seriously, we really are lawyers."
  

Tuesday, November 20, 2012

Gobble, gobble.

Speaking of turkeys... As reported by the RJ, Judge Robert Teuton has been assigned to take over Judge Steven Jones juvenile case load. We haven't see the Administrative Order, but apparently, this temporary reassignment was the result of "unforeseen circumstances" related to management of Judge Jones' cases. REALLY? Unforeseen?

On an unrelated turkey note, Happy Thanksgiving. Also, for those of you lucky ones who get Friday off as well, Happy Family Day!

Friday, November 16, 2012

It's Friday, Friday....Open Thread.

It's Friday again and the floor is open. Talk amongst yourselves. We'll give you some topics:

As Hawkeye noted, there is a lot to talk about with regard to Judge Steven Jones and the top secret judicial discipline committee. The RJ's Jane Morrison did a fairly comprehensive primer here.  

Las Vegas is getting a new (725) area code in 2014, requiring 10-digit dialing for calls across the valley. If you're learning this news for the first time here, the bad news is all the good internet domains with 725 and law are taken. (Shout-out to Michael Hyte, Esq., the quick thinking new owner of 725law.com.) The good news is there is still a chance to get the number you always wanted, but you're going to have to beat Richard Harris in a race for all the numbers consisting entirely of the same digit. (This news must be causing his advertising department some consternation.)

Finally, in boxing news, (wait, boxing news?) the Nevada Athletic Commission approved a promoters license for rapper 50 Cent.  It also decided on the three judges for Pacquiao-Marquez IV--wisely choosing one judge from Nevada, one from New Jersey, and one from out of the country.  If only we had that kind of system in our courts!

Wednesday, November 14, 2012

Construction Defects Sweeps

For those unfortunate few of you who have never been part of the construction defects bar ("CD bar"), you are probably unaware that this is the high holy week of the Dirt Court. Yes, it's sweeps time again--that one week a year where the CD bar comes out of the woodwork and flocks to Judge Earl's courtroom for three days of non-stop fun and excitement. Think of it like spring break for the CD bar. Only it's fall instead of spring and it features the CD bar instead of attractive, young co-eds. 

Anyway, here's your chance to spill, vent, gossip, or otherwise enlighten the rest of us about the CD bar's annual get-together.

Monday, November 12, 2012

Happy Veteran's Day, Observed!

The courts are closed today in observance of Veteran's Day. Hopefully some of your offices are closed as well. We would like to take this opportunity to recognize the service and great sacrifice of the many veterans in our community.  Thank you to you and your families.



Friday, November 9, 2012

Friday Open Thread!

You know the drill. What's on your mind? What's going on behind the scenes out there? Anyone want to talk about sentencing of a certain former prosecutor? Was it fair this time? (According to the people on Fox5's the Rant, some people think it isn't.)

Any thoughts on what the Supreme Court will do with "My Two Moms?" How about Justice Gibbons' proposed amendment to District Court Rule 18 requiring judges to file an order setting forth their reasons for seeking to recuse themselves?

What else is going on?

Wednesday, November 7, 2012

The blog is dead. Long live the blog.

As Mark Twain might have said, the reports of the blog's death are greatly exaggerated.

Monday, October 15, 2012

Good Luck With That


Image from: here
I imagine University of California, Berkeley law school students Eric Cuellar and Justin Teixeira might find it difficult to explain to character and fitness and future potential employers, their felony charges of conspiracy and willful, malicious torture or killing of wildlife for allegedly killed a 14-year-old helmeted guinea fowl at the Flamingo hotel’s Wildlife Habitat this past Friday morning.  That, and why they then were allegedly playing catch with the dead bird's head.

On an unrelated note, how was CPK's party?






Friday, October 12, 2012

CPK Party Tonight!

Image from: here
Although I can't find anything on their website to confirm, at least one commenter believes the the annual Craig P. Kenny party is tonight.  If you haven't been before, its a good time.

Also, Shubert's back in town, but I doubt he will be attending the party.

What else is going on out there? 

 

Wednesday, October 3, 2012

OMG!!!!!!!!!

UPDATE - Results are up.

NV Bar Exam results will be posted this morning/early afternoon.  Best of luck to all you nervous examinees!





Friday, September 28, 2012

Friday Open Thread!

Image from: here
Well, it appears that there might be some truth to the rumors that Las Vegas prosecutor David Schubert is kickin' it in Mexico.  Either that, or someone really wants everyone to think that's where Schubert is.  Regardless of where he really is, is there seriously a chance that this could end well for Schubert if he wins his appeal? 

And although its not really news anymore, Holland & Hart partner Justin Jones has been taking some heat for his involvement in the high profile Las Vegas Sands case where Judge Gonzalez recently fined Jones' client $25,000 for what she essentially described as abusive attempts to stall discovery.  The timing is unfortunate for Jones, as he is currently running for the state Senate District 9 seat.  What do you all think about the predicament Justin found himself in?

And speaking of bad timing, this isn't news anymore either.  It its, however, interesting.  Las Vegas defense attorney Jonathan MacArthur is another candidate in the upcoming election (J-Mac is running for a seat in North Las Vegas Justice Court) with some troublesome publicity.  The State Bar recently reprimanded J-Mac as a result of a complaint by the district attorney's office that accused him of trying to bribe a witness to change his testimony in a criminal case.  Thoughts on this situation?

What else is going on out there? 


Thursday, September 20, 2012

New Judges

First, thanks for entertaining yourselves while we were busy billing this week.

Second, the RJ is reporting that yesterday, President Barack Obama nominated Jennifer Dorsey, a partner at Kemp, Jones & Coulthard, and Andy Gordon, a partner at McDonald Carano Wilson, to fill the seats of U.S. District Judge Kent Dawson and U.S. District Judge Larry Hicks, respectively. 

 Congrats and good luck to Jennifer and Andy. I hope the nomination process goes better for both of you than it did for Elissa Cadish

Monday, September 10, 2012

We're Back! And dumb lawyers were busy...

The boys are back in town.  More figuratively than literally.  Sorry I've been out of commission.  Associates tend to get dragged down into busy weeks and the last few have been shining examples of why I tell people to go be an accountant instead.

now excuse me while I go drop a captain's log


Speaking of horrible nightmares for the legal community...we have a trio of absolute fails from lawyers and one particularly amusing benchslap from the 9th Circuit.

Find out about these miserable failures after the jump.

Wednesday, August 22, 2012

You Got Served (slow week remix)

I know.  It's been a slow week of gossip.  No drama from family court and seemingly nobody getting reamed in the RJC, we're all a little bored.  And today's monsoon did not help anyone's mood really.  But in lieu of brand new gossip, we have two interesting stories that harken back to a couple of fun posts that sparked your interest.

I do not recommend this posture
For those of you who have been with us a while, you will remember the stories of warring local constables and the rapid fall from grace of former prosecuter/current crack convict.  Well, both of them are back in the news and we've got the latest after the jump.

Monday, August 20, 2012

I Now Pronounce You Something and Something Else...


Alright, you heathens.  It's time to stoke the fire.  I would prefer to have a nice "wtf" lawyer story, but we've already talked about Cannon and Levinson this month.  So until one of you lovely people does something new that's stupid and embarrassing at the RJC (tearing your suit pants won't cut it, that one's been taken), we'll have to talk about a few broader things.

So let's start with a fun hot-button.  We've all heard that somewhere in some religious book it says "marriage is one man and one woman."  I don't know where that passage is, but I'm sure one of you does and will tell us all in the comments.

that's what she said...


This weekend has presented us with two interesting stories that are on the opposite ends of the spectrum and both should provide you feral commenters with plenty of fodder.  If you want to enter the fray, we'll get started after the jump.

Friday, August 17, 2012

Friday Open Thread!

I know how much y'all love the Friday Open Threads, so here you go! Speak your minds!

Here's just a little something to get everyone started.

Image from: here
As a commenter noted yesterday, Apple is suing Samsung in a patent infringement case in the Northern District of California.  At trial when Apple's counsel submitted a 75-page brief outlining more than 20 additional witnesses Apple planned to call in the four hours it had left before the jury, U.S. District Judge Lucy Koh asked counsel for Apple if they were smoking crack.  Apple's counsel offered what seems like an appropriate response: "Your honour, I'm not smoking crack. I can promise you that."

This story had me chuckling at some of the funny things I've seen and heard in court.  For instance, the (recent) time when a certain well known litigator apparently ripped his pants on the way into the courtroom and then had to argue his motion in front of a packed gallery with his underwear hanging out.  Who else has some funny courtroom stories they want to share?      

Oh yea, and remember that one case where Mary and Phil Brown were suing the anonymous lawyer for saying mean things about them on the RJ website?

Well, we still don't know who the anonymous lawyer is despite the Commissioner Bulla's refusal to quash the Browns' subpoena to the RJ to obtain Mr./Ms. Doe's identity, but there is some recent action in the case.  

On July 20, Mr./Ms. Doe's counsel filed a motion to withdraw claiming that they weren't being paid.  That could speed things along.  Oh yea, and apparently the case is up with the Supreme Court on a Writ, but I couldn't find it using a minimal amount of diligence.  Maybe someone can help me find it?

Wednesday, August 15, 2012

Judge Bell Now Hearing Specialty Court Cases

Although it might not exactly be "news" to you (if your runners actually do their jobs and you have seen the latest case reassignment notice), the Sun is featuring a heartwarming story today about how Judge Linda Bell has taken over for Judge Delaney in hearing drug specialty cases ("adult felony drug court, felony DUI court, prison re-entry drug court, veterans court and mental health court — special programs that aim to help defendants overcome issues or treat illnesses to keep them out of future trouble."). 

I don't know about all of you, but Judge Bell was easily one of my top three favorite civil Judges (next to Judge Elizabeth Gonzalez and Judge Williams).  Who's in your top three and why?





Friday, August 10, 2012

Barry Levinson - the Quantum Attorney?


Is it possible for one law firm to actually be two law firms at once, like one of those crazy, Michio Kaku, quantum photon experiment?

or aliens. could always be aliens.
Perhaps so, it would appear.  A few comments have been popping up about a law firm, Mason and Mason, and the striking similarity between its website and the website for Barry Levinson and Associates.

More after the Jump.

Wednesday, August 8, 2012

Give The People What They Want

*DISCLAIMER* This post is a little image heavy.  And a little awesome heavy as well. *DISCLAIMER*

Alright, you heathens!  You've been salivating over yesterday's news, so let's do this.  To wit...

sometimes a banana is just a banana
For those of you who read this blog but don't read the comments (what's wrong with you), it was brought to LVLB's attention yesterday that one Curtis Cannon, Esq. was involved in a little jailhouse tete-a-tete (sort of) with a client in the detention center being held on various charges.  For the record, Mr. Cannon is 58 and his client, Ms. Crystal Wallis, is 23.  We also have a photo of the couple.  This is them.

Mr. Cannon has a distaste for shirts
Enjoy the visual you have right now.  Because we are going to destroy it after the jump.

Tuesday, August 7, 2012

Water Water Everywhere...

Hello again.  No, the blog's not dead.  It was just busy slaving as an associate.  I know that's a lame excuse, but as the old saying goes, "Fuck me?  No, fuck you!"

artist's rendition of aggravated associate

Anyway, it was an eventful and ironic week.  Investors are trying to throw Wayne Newton out of his house to make it into a "Wayne Newton Museum."  Floyd Mayweather was released from jail for good behavior even though he had been in solitary the whole time.  And Macau police arrested over 150 people in hopes of stopping the re-emergence of the Triads trying to take over and the VIP junket services in Macau casinos.

also irony...
Oh yeah, and WE LANDED ON MARS!  'Merica.

But closer to home we have a new fight brewing.  The BLM recently approved plans to build a new water pipeline to Las Vegas from near the Nevada-Utah border.  The goal is to have a back-up water supply in case the Colorado gets significantly worse.  Since this could totally happen, it would seem like a good plan to have extra water.  However, several groups, including the Goshute tribe, do not like this plan and it looks like there will be many a lawsuit before there is any pipeline.  Which could be bad on the off chance that a severe drought occurs in the Midwest and Mountain regions of the US that threatens the Colorado River.  But that could totally never happen...

totally the Colorado River

Anyway, whose side are you on here?  And if you don't care at all and want to talk about something different, we can do that, too.  But first, you have to sound off in the comments with your awesome idea for a topic or some other breaking story in town.  So yeah, get to it.

a_a

Wednesday, August 1, 2012

Judge Villani Declares Mistrial for Hell's Angels

Thanks to a quick tip from a commenter, it appears this morning that Judge Villani declared a mistrial in the pending trial stemming from a Hell's Angels/Mongols brawl in 2008.




actual Hells Angels


Apparently the DA failed to turn over relevant evidence to the defense attorneys.  Obviously, this would seem like a bad thing to find out two weeks into a trial.  It also seems bad given that this was a murder trial and it is generally frowned upon to screw those up.

*not an actual Hells Angel
We don't know what evidence was not turned over, so if any of you out there know (and can tell us without getting in trouble), please fill us in.  It is worth noting that this trial only pertained to eight of the 13 Hells Angels indicted for the brawl.  The other five will face similar charges in separate trials.  Hopefully the DA will remember to turn everything over in those cases.

a_a

Tuesday, July 31, 2012

You Got Served

So we had a little dispute break out yesterday in the comments about Judge Israel's injunction to stop constables from "border-jumping" to other jurisdictions to serve legal papers.  Apparently Laughlin and Henderson Contables have been hoofing it to Las Vegas proper to serve papers and Constable Bonaventura has been upset by this.

This is his "upset face"

After the Legislative Counsel Bureau issued a legislative opinion to the same effect, Judge Israel followed suit by issuing an injunction that amounted to "stay off my lawn."  According to Judge Israel, the entire issue turns on the extent of power granted to peace officers.  Unlike traditional police officers, who have police authority in any jurisdiction in the state, Judge Israel concluded that constables only have authority as peace officers in the jurisdiction in which they are elected.

So let it be written


Here's a link to the statute as well.

Ok, so what do you think?  Should constables stay in their own backyard or should they have authority to cross township borders?  Sound off in the comments...and try to play nice.

a_a

Monday, July 30, 2012

Zombie Bullet Train

So today's post is either the reanimation of an old project that could forever change Las Vegas...or it is an undead horror intent on devouring billions of dollars for years to come.

it's a microcosm of how Vegas is to the rest of the world


That's right, the Vegas Bullet Train, now called XpressWest, is waiting to hear word on whether it will receive a $5.5 billion loan from the federal government to build the bullet train from here to Palmdale.  The first leg will run to Victorville with trains expected to start running by 2018.

Palmdale! It has industry...and agriculture...and...zzzzzzzz


So what's your take?  Is this finally the time for the bullet train?  Or is this just another doomed attempt at something completely unrealistic.  You know, like flying cars and no hidden fees.

a_a

Friday, July 27, 2012

Friday Open Thread - Hackers Are In Town

Hide yo kids, Hide yo wives, Hide yo computers and smartphones.  The Hackers are in town.

All hackers really look this cool...and early 90s
While the picture above is a 100% accurate representation of what hackers look like and shows how free-spirited and independent they are, it appears they also love conventions.  And Las Vegas.  This weekend brings 10,000+ hackers into town for the DefCon Convention.

I swear this is the image on their own website

So yeah, that should be fun.  Watch out for those RFID scanners.  Anyway, what else is new?  Anything interesting happening at the RJC?  What's been going on with the City Center case?  Throw us some details in the comments.

a_a

Thursday, July 26, 2012

Bar Exam - PLAY FREEBIRD!!!!

Sing it with me bar-takers!  "FOR I'M AS FREE AS A BIRD NOW!"

My big problem was the Intentional Torts question

 You've made it.  Go forth and perilously await your results.  Ask any lawyer and they will tell you that the studying and sitting for the bar exam is the most absurd and arduous thing a lawyer does until their first 20,000+ doc review assignment.

Just start thinking in 6-minute increments...like an evil Memento


But for now, don't worry about that.  For now, you have finished the marathon summer of trying to keep all those crazy mnemonic devices and completely useless "black-letter law" recitations in your head.  Take the rest of the week off.  We'll check back in a couple months to see how you all did.

BUT that's not always what happens.  Sometimes people lose it or things go crazy.  So before you go, anyone hear of anything crazy going down at the exam?  Other states had their fair share, with bizarre seizures and power outages.  The power outage sounds brutal since that meant no air conditioning in July in North Carolina.

So did anything happen here?  And what about the rest of you?  Anyone have any meltdown stories?

a_a

Tuesday, July 24, 2012

Bar Prep - This Too Shall Pass...or Fail

It's the first day of the bar exam, and unless something crazy happens (or one of you tipsters hooks us up with some dirt from the RJC or Foley Building), we're probably gonna keep talking about the bar.  That said, this morning will also have a nice real-life bar exam question. BUT FIRST...

My study group had a mantra, "Though I walk through the valley of the shadow of death, I shall fear no exam, for thou art Bar/Bri."  Yeah, I was one of the sheep.  I used Bar/Bri.  I took the bar with a computer.  I tried to memorize every obnoxious trick out there to shave seconds of the MBE and find shortcuts for issue spotting.

Armadillos From Texas Play Rap, Eating Tacos

An issue that has emerged in recent years is whether these programs have become so insulated that now it's almost unheard of to do anything other than a Bar/Bri or Kaplan prep program.  From the perspective of most would-be lawyers (and many attorneys and law professors) it is considered irresponsible to try to study any other way and keep the $3 grand in your pocket.  What do you think?  Are bar prep courses really the "4L" in the quest to become a licensed attorney?  And how about anyone out there who managed to try the bar without a prep course.  Shares your triumphs (and regrets) in the comments.

OKAY.  I promised you a practice question.  While the bar exam varies from year to year, one thing that is on every exam is professional responsibility.  So, here's your fact pattern.

Let's say you were receiving large checks for legal fees.  And let's say you were putting those checks into your personal account instead of your trust account.  Then, perhaps you were to fail to provide information to your accountant for income to the tune of $900,000 that is not reported to the IRS.  And you do this for five years.  Please outline all potential consequences for this behavior.  When you're done, you can view the model answer here.

Here's a hint:
Do Not Pass Go, Do Not Collect $200

a_a

Monday, July 23, 2012

Bar Week

And so it begins, the beginning of the end of the worst summer of most would-be lawyers' lives.

this is false, since sitting for the bar already make you unlucky

While most states engage in torture that is either 2 or 3 days long, Nevada is unique in its 2 1/2 day experience.  We generally view the last half day for what it is - an extra little "fuck you" from those in charge.

Then will come the waiting.  The arduous waiting.  As was once relayed to me, waiting for two months to get your results is kind of like having a band-aid taken off very, veeeerrrrry slowly.  Yeah, the wound is healed, but do you really need to drag this last part out?

In Nevada, roughly 2/3 of takers pass the exam in the summer.  That means 1/3 get to explain to their bosses why they can be valuable contributors until the February exam (read: beg to keep their jobs).

Because it's not just a test of your legal knowledge. It's a test of your value as a human being.


Anyway, in honor of this holiest of weeks, let's start off with some fun/horrible/nauseating/tramautic bar exam stories.  Anyone have anything good?

Friday, July 20, 2012

Friday Morning Links - Open Thread

Hello everyone.  It's been a rough 24 hours in the region.

  • A metaphorical tragedy in the making, as Vegas will get its own "Say Yes to the Dress" spin-off
  • The Harmon hotel tower is going to come down after Judge Gonzalez's order (and the inevitable appeal). (via Las Vegas Sun, thanks to our comment tipster for the heads-up on this)
That's all the humor for the morning, now the tragic part:
  • A gunman killed 12 and injured at least 50 at a midnight screening of Dark Knight Rises near Denver, Colorado.  No joke here, this is all-around horrible. (via Los Angeles Times)
So the morning links also coincide with the Friday Open Thread.  What's happening out there?  Any thoughts on the Colorado shooting?  Do you think this will spark gun-control debates since its an election year?  What about the Harmon tower?  Not sure how they're going to implode a building that is within 20 feet of the Strip instead of 100 yards back like most casinos that have been dropped over the years.

a_a

Thursday, July 19, 2012

Afternoon Delight - Charter Airline Pilots, Reporting for Combat Duty and Punative Damages

Back in 2010, the a jury in the US District Court awarded a bunch of airline pilots from Las Vegas-based Vision Airlines actual damages of more than $5 million for "hazard pay" they had not received since the crews had been used in 2005 as an "air bridge" to bring supplies through active war zones in Baghdad and Kabul.

and then suddenly you become a combat pilot


This makes perfect sense, since there were wars going on, and wars tend to be hazardous.  The big deal in the initial trial was that the Court shouted down any claims for punitive damages.  Sooooo, they took it to the Ninth Circuit, whose decision came down Wednesday with Judge Goodwin reversing the District Court, saying the airline crews were entitled to seek punitive damages and the District Court needed to proceed with a punitive damages phase.  So there may be another $15 million or so in damages coming down.

Come on tipsters, does anyone have an inside track on this case?  What's going on?

a_a

Thursday Post-Morning Links - Sorry, but Rockers and Tiger and Batman, oh my!

Sorry I missed the morning.  Sometimes there's work that tells me it doesn't like any of you readers and wants to screw with your blogtime.

  • Holy Ridiculous Revenue, Batman!  If you haven't bought tickets yet, good for you.  If you have, you were probably part of the record $25 million in ticket presales.  Don't worry, no spoilers - just numbers. (via The Hollywood Reporter)
  • Tiger has 8-1 odds at the sports book as the favorite to win the Open Championship.  Don't tell the leaderboard. (via SB Nation)
  • The Who are coming back to Vegas in February!!!  Odds that Roger Daltrey and Pete Townshend will be alive then are not yet available.  Neither are tickets, which don't go on sale until the end of July. (via Fox 5 News)
  • Looks like Las Vegas will be acquiring a new area code in the next year.  Call me maybe? (via 13 Action News)
  • After declaring a fiscal emergency, looks like the North Las Vegas City Council is at least taking it a little serious.  They just passed ordinances to stop automatic cost-of-living increases for the mayor, municipal judges, and the city council.  (via Las Vegas Review-Journal)

Don't worry, we'll still have afternoon delight coming.

a_a

Wednesday, July 18, 2012

Afternoon Delight - The Manchurian Prostitution Ring

I know we posted an Adelson story this week already, but this one is just too tempting to pass up.

Macau...or Atlantic City


For those of you who need a brief primer, Steven Jacobs, who ran Sands China Ltd. in Macau, was fired by Adelson because he was.  Jacobs claims he was wrongfully fired because most people who get fired claim that.  Nothing special yet.  Here's where it gets interesting.  In an affidavit filed a few weeks ago, Jacobs made a point to inform the Court that Adelson had personally approved a "prostitution strategy" to improve overall gaming revenue.  Jacobs also accused Adelson and Sands of using illegal workers in Macau and cow-towing to organized crime in Macau.  Adelson's people have swung back, filing a response that Jacobs' accusations are totally false.  As for commentary, the attorneys in this case are sticking with "the documents speak for themselves" approach

this picture also speaks for itself


The lawsuit is a nice head-to-head of heavy hitters in Las Vegas, with James Pisanelli representing Jacobs and Stephen Peek representing Sands.  Judge Gonzalez is overseeing this crazy case, so that should be fun.  Unfortunately for the rest of us, it looks like Pisanelli and Peek are keeping quiet to the press, so if anyone has some tips on how the hearings are going, we'd love to hear from you.

especially when they start entering photos into evidence


a_a

Wednesday Morning Links - Hump Day...and gun runners

Good (just barely) morning.  Sorry I'm late, Wednesdays feel like purgatory anyway.  Speaking of prison, links:

  • A former Navy SEAL got almost 20 years for trying to act like Nicholas Cage from Lord of War.  The lawyer was claiming the SEAL has PTSD and that's why he was entering the field of gun-running. (via CBS News)
  • Pimps be on the lookout!  Vegas has recently cracked down with harsh sentences for prostitution when sentencing pimps.  The latest example received 3 life sentences (concurrent), with one conviction being life without parole.  (via 8 News Now)
  • Nelson Mandela turned 94 yesterday.  I know that's not really "news" since he's in Africa and we're in purgatory, but it fits with the prison theme, plus there's a great photo of Mandela and former President Clinton. (via CBS News)
at least one of these men is also a pimp

a_a

Tuesday, July 17, 2012

Afternoon Delight - Pet Peeves on the Strip

If you were to ask me my least favorite thing about the Strip, I would probably be able to give you a fairly long list of awful.  One thing that near the top of the list would be the "card slappers" handing out pictures of more or less naked women apparently available straight to my room.

This guy...don't be this guy


If you're like me and you hate these people, you are in luck.  The Clark County commissioners are actively considering a bill that will put the hurt on these guys and their litter-causing, card-slapping ways.

The proposed ordinance requires street peddlers to pick up any littered cards within 50 feet of their location.  How will this be enforced?  Nobody really knows.  The ACLU hates it, but they hate everything.  Property owners love it, but that's not surprising.  I would tell you what the card slappers think but I can't get close enough to them to ask without getting smack in the face with a bunch of porn cards.

Anyway, it raises a fun question.  What do you hate most about the strip?  Sound off in the comments.  My personal vote is for the club promoters that get really pushy with those wristbands and "free passes" around 9 pm.

a_a

Tuesday Morning Links - Lies, Damned Lies, and Sheldon Adelson

Today's links are brought to you by that pair of fake ray bans you bought on your senior trip.


  • The still unofficial Republican Presidential Nominee, Mitt Romney, brought his campaign bus to Las Vegas yesterday to court the Hispanic vote.  The former governor was not actually on the bus, as he was on his other campaign bus in Pennsylvania.  I don't understand politicians either. (via Las Vegas Review-Journal
  • The NBA summer league continues to bring match-ups like the "Miami Heat" vs. the "Los Angeles Lakers."  The quotes exist since neither Lebron James nor Kobe Bryant are playing.  Since most of the NBA other stars are also sitting out these games, it is apparently wreaking havoc with the betting lines. (via Las Vegas Review-Journal)
  • Jury selection continues for the criminal case stemming from a gang fight outside a Vegas wedding chapel between members of the Hell's Angels and the Mongols.  Apparently everyone is claiming self-defense.  On a related note, lawyers should form gangs.  Any ideas for names? (via Washington Post)
  • North Las Vegas has declared a state of fiscal emergency, which apparently does not legally mean insolvent or broke.  But it does mean legally the city can suspend union agreements. (via Fox News)
  • And finally, Sheldon Adelson is being investigated for allegedly doing bad things again.  This time the investigation centers on potential violations of the Foreign Corrupt Practices Act, the third-coolest name for an act after (2) the Federal CAN-SPAM Act, and (1) the Regulate Marijuana Like Alcohol Act.

a_a

Monday, July 16, 2012

Afternoon Delight - Family Law Drama Returns


Hey, remember that one time a judge and a prosecutor were "romantically involved" and people all agreed that was probably a bad thing?

artist's approximation of the former couple
Believe it or not, Judge Jones and former prosecutor Lisa Willardson are back at it again, just not the way you think.  While we were all enthralled last week with the reboot of Spiderman, apparently news surfaced that Lisa Willardson has applied for a job as a hearing master for child welfare cases, a position "just underneath" Judge Jones.

For the record, Judge Jones has explained he does not think their former relationship will be a problem in the hiring process and does not believe he needs to recuse himself from the selection panel.

Judge Jones?*


8 News Now has the whole scoop on this continuing Real World saga in family court.

- a_a

*probably not Judge Jones

Monday Morning Links - Is It Still Monday In Macau?

It's Monday, and that generally sucks because Monday.  But, there are links to be had:

  • Did you hear the one about the Florida dad who got 6 months for contempt after he used Nevada family law to marry off his 16-year-old son and give his ex-wife the finger?  No? Well, now you have. (via ABC News)
  • What would you say if I told you I had a Vegas-based LLC with a foolproof investment plan that would earn monthly returns of 20%?  What's that, you say?  You'd call it a Ponzi scheme? (via Forbes)
  • Apparently if you do a story on casinos in Macau, you are legally obligated to include a "betting heavily" metaphor. (via Investors Business Daily)
  • Sooooooo, escaped chimps are less fun than a barrel full of monkeys...well, technically a double-barrel full, but that's the sad part. (via Reuters)
  • Henderson wants to build a giant sports complex.  Alright, we need to pick a nickname.  After seeing the artist's renderings, my vote is "the Maxipad." (via Las Vegas Sun)
So, how was your weekend?

- a_a

Friday, July 13, 2012

5 TV Lawyers Who Only Make It Worse For Us.


With the recent passing of Andy Griffith - the one and only Matlock - I am reminded that no matter how entertaining or beloved a fictional lawyer may be, they are all absolutely horrible.




Whether it's absurdly stupid young lawyers like in The Deep End and Raising the Bar, counsel completely overburdened with their own personal drama like in Ally McBeal and The Practice, or just procedurally impossible super-attorneys like in Perry Mason and the aforementioned Matlock, the entire genre of law shows is littered with nothing but bad lawyers.  Given the sterling reputation that lawyers already enjoy in the community-at-large, these TV lawyers only make things worse.  However, most people know that these lawyers are definitely nothing like real lawyers.  They were obvious caricatures around "playing lawyers" and people knew it.  But there are other TV lawyers that appear to have be created by writers who thought Night Court was a documentary.  Here are the 5 TV lawyers I wish were real people just so I could take comfort in knowing they would die someday.



More after the jump.

Friday Open Thread - Aggravated Associate Edition!

Happy Friday the 13th, everyone! 

Please give a warm welcome to LVLB's newest contributor, the Aggravated Associate. 

Hopefully, the Associate will be able to amuse you when I can't find anything interesting to post about except lawsuits involving Justin Bieber.

What else is going on out there?




  

Friday, July 6, 2012

Friday Open Thread!

TGIF, everyone - especially to those of you who actually had to come back and finish out the week after the holiday.

So, I heard an interesting rumor yesterday at the RJC.  As I was passing through security, one of the guards mentioned that it had been an especially eventful morning - apparently five-or-so attorneys were escorted out of the RJC earlier that morning for some kind of misconduct?  Does anyone have the details on this gossip?

What else is going on out there? 

Wednesday, June 27, 2012

Jones Vargas' Final Hours?

As a few of you recently commented, the latest word on the street is that Fennemore Craig will be acquiring what's left of Jones Vargas, effective July 1, 2012.  Apparently, a letter confirming this just went out to all of JV's clients.  On a related note, I've also heard that a few more associates/shareholders were still looking to jump ship, and may be headed over to Holland and Hart.

Can anyone verify/fill in the details?

Thanks for the tip, tipsters!

Tuesday, June 26, 2012

Tuesday Mid-Day Recapitulation

UPDATE

Thanks for your patience while I was out.  Please feel free to continue commenting with whatever's on your mind.  In the meantime, I'll try to get things started again with a brief recap of whats been in the news for the past few weeks, in no particular order:

Jobs

The State Bar has quite a few open positions posted on their website right now.  


And speaking of NALP, someone recently commented that Alverson Taylor was hiring 15 new associates (although I couldn't find anything about on the NALP website).  Shortly thereafter, someone forwarded me this link about Alverson Taylor.

Righthaven

Believe it or not, the Righthaven case just took another strange turn.  To summarize the interesting stuff: the court appointed receiver for Righthaven just filed papers indicating that she plans to fire Righthaven CEO and Las Vegas attorney Steve Gibson, and then have Righthaven sue Gibson for malpractice.  Ouch.

DUIs

The Nevada Supreme Court apparently just ruled that a first-time conviction for drunk driving will not automatically lead to a suspension of an attorney's license to practice, or a referral to the State Bar for diciplinary action.  According to the Court, "[t]he gravity of drinking and driving cannot be minimized; however, first-offense misdemeanor driving under the influence is not the type of offense for which professional discipline is typically imposed,”


Apparently, the District Court and the Justice Court have irreconcilable differences.  As a result, they will be divorcing on August 1.  No word yet on the status of alimony payments.

Pacman Jones Verdict


Judges

The Nevada Commission on Judicial Selection narrowed the field of nominees to fill the seats of former Judge Hardcastle (Dept. 4) and Judge Mosley (Dept. 14).  The final appointment decision is now in the hands of Governor Sandoval's picks are:   

The Commission’s three nominees for Judge Hardcastle’s seat are:
  • Michael Davidson, 58, Las Vegas, Kolesar & Leatham
  • Kerry Louise Earley, 60, Las Vegas, Richard Harris Law Firm
  • Troy E. Peyton, 52, Las Vegas, Troy E. Peyton, PC
The Commission’s three nominees for Judge Mosley’s seat are:
  • Michael Davidson, 58, Las Vegas, Kolesar & Leatham
  • Adriana Escobar, 53, Las Vegas, Office of the Nevada Attorney General
  • Mark L. Gentile, 52, Las Vegas, Gentile Law Group
Congrats!

Friday, June 15, 2012

Friday Open Thread - Vacations!


Happy Friday, everyone!  Forgive me for not posting more this week, but I've been extremely busy catching savage rays and trying to get rid of my embarrassing tan lines.  And speaking of holidays, where's everyone else traveling to, if anywhere, this summer?  How long can you get away?  Does your boss make you feel guilty for leaving?  How often do you check your email?  Do you bring work?  Does your significant other allow you to work while you're on vacation?

What else is going on out there?