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."


  1. Well gee, Ed and Adam..... Guess you better start getting your Associates' names into your ads.

  2. Speaking of "playing a lawyer on TV," here's Lou Toomin displaying a stark lack of understanding about federal lawsuits:

    "There are no federal implications with regards to why they were let go," said Lou Toomin, constable spokesman. "There is no case. What are they suing us for? They weren't wrongfully terminated."

    As is often the case when a mouthpiece spouts off on an area they don't understand, he is totally wrong. They (meaning a national insurance company) are suing the Constable's office, as they said they would in a letter to the Constable, to get a judicial ruling that the Constable's office withdrew a claim for coverage relating to a wrongful termination suit, so they don't have to pay to settle the claims. You know what you get when you have a sophisticated out-of-state plaintiff involving more than $75k? A federal suit.


  3. So the numbers floating behind the heads of Golightly and Vannah must be attributed?

  4. Where did Lou Toomin go to law school again? Maybe he learned the law cleaning the pool at the Sporting House.

  5. I can tell you that the "must be the lead attorney" rule change regarding settlement amounts is a direct response to firms like Ed Bernstein claiming they were responsible for Eglet's $500M endoscopy verdict just because they signed up a few clients and then associated with Eglet.

  6. What about Bonaventura's lawyers? er, deputies?

  7. Yeah, aren't those lawyers/constables a little nervous about the ethics of that particular shenanigan?

  8. I'm torn. On the one hand, I don't think the Constable's office should be able to commit the county to a course of action when it comes to litigation. That role should belong to actual governing bodies, not elected process servers. I also don't think *hiring* your former counsel to pay them out of the Constable's budget because the CC Commission gave you and their legal fees the bird is a wise idea. On the other hand, damn, they need a competent lawyer in that office. If for no other reason than to get Bonaventura to quit screwing things up.

  9. Any other junior associates feel like the market has vastly improved in the last few months? i get weekly headhunter calls. 4 months ago i didnt know if id be laid off