Friday, September 30, 2016

We All Win

  • The Supreme Court ruled against the Educational Savings Account law--yet, both sides are claiming victory. [RJ; Las Vegas Sun]
  • The ruling might have a national impact. [RJ]
  • Have you made up your mind about Ballot Question 1 yet? Steve Wolfson spoke in favor of the initiative. [RJ]
  • Have you made up your mind about Ballot Question 2 yet? A local church may be trying to influence the outcome. [Las Vegas Weekly]
  • Anyone have the scoop on the comment from yesterday about the Morris/Snell merger not happening?  ed. Apparently the merger is postponed until a certain conflict can be resolved, but for now it is no longer imminent. 
  • For those looking for a little money on the side, the County needs poll workers. [Las Vegas Sun]

Thursday, September 29, 2016

On The Side

The Blogger polls are not working very well in the posts, but we have one up on the side relating to a suggestion from a reader. How many of you work more than one job? It's probably not typical for lawyer types, but surely some of you do a little something on the side? What do you do to make extra money? Something law related, teaching, physical labor, etc...

Breaking:  Supreme Court issues ruling on ESAs.  The Supreme Court's site is being hammered, so good luck getting the opinion, but local reporters are tweeting about it.  Check out @NealTMorton for more information and screenshots.

Wednesday, September 28, 2016

Don't Forget To Register To Vote

  • They've heard every excuse for getting out of jury service. [RJ]
  • Dennis Prince is going after a former governor's son who is accused of running a ponzi scheme. [RJ]
  • Caesars has reached a restructuring deal with its major creditors. [RJ]
  • Don't forget to make sure you have registered to vote. [Fox5Vegas]
  • Did you know UNLV Law has a blog?

Tuesday, September 27, 2016

Job Tips: The Limited Partner

A readers wants your input and advice:

"I was made a limited partner at a small firm (less than 10 attorneys) back in January and I'm doing it wrong. The incentive to hoard work instead of giving it to paralegals or an associate has been too strong and I'm leaving money on the table (for the firm) by not getting to everything my clients are willing to pay for. Back in January, the idea of profit sharing for work given out or supervised was ruled out. I'm still well compensated with the projects I am able to get to myself, but I haven't been feeling generous enough to give work away. Frankly, I've been stingy with my time when the others in the practice group I used to supervise at straight salary want help or work. If/when I make equity partner, I will have some bad habits to undo if I stay on this path. 
The blog's experience would be appreciated to help me figure out how to approach the mismatched incentives. I think I need to adjust my perspective."

What do you think?

Job Opening


Multi-state trust management firm has an immediate need seeking an experienced trust officer to serve as resident Assistant General Counsel in their Reno office. Must have extensive commercial trust experience providing service to individuals of high net worth. Non-attorneys will NOT be considered for this position. Must be able to manage time and workload without local supervision. This is an In House position; a portable book of business is not required and the position does not require marketing. Incumbent will enjoy a full benefits package and a 40 hour work week. Salary range is 125-175K DOE.


Jordan Ross, Principal
Ross Legal Search, LLC

Monday, September 26, 2016

The Great Debate

  • The State Bar Disciplinary Panel recommends that Jacob Hafter be suspended for six months.[RJ]
  • With reports about a disgruntled attorney shooting up a firm in Houston, if you are feeling angry, depressed, or facing trouble of any kind, please contact Lawyers Concerned for Lawyers.
  • What lessons can Nevada learn from Colorado about recreational marijuana? [RJ]
  • Here is another opinion on the topic. [Vegas Inc.]
  • Here are the applicants seeking to be appointed to Judge Scann's spot on the bench:
Karl Wesley Armstrong, 58, Las Vegas, Attorney
Chris William Davis, 56, Las Vegas, Attorney        
Bruce L. Gale, 61, Las Vegas, Attorney
Mark L. Gentile, 56, Las Vegas, Attorney
David M. Jones, 50, Las Vegas, Attorney
Jacob A. Reynolds, 37, Las Vegas, Attorney
Berna L. Rhodes-Ford, 45, Las Vegas, Attorney
Esther C. Rodriguez, 50, Las Vegas, Attorney
  • Tonight:  Clinton vs. Trump. 6pm. On pretty much every channel except ESPN. [Las Vegas Sun]
  • Save the date, because you're invited!

Friday, September 23, 2016

Careful What You Like

  • A State Bar of Nevada disciplinary hearing for Jacob Hafter started yesterday. [RJ]
  • Attorney Erika Ballou ended up removing her Black Lives Matter button. [RJ]
  • If you live in Assembly District 1 or 5 and want to get appointed to the Legislature, now's your chance to apply. [Las Vegas Sun]
  • Pro-tip:  Your children's online actions may affect your political race. [KNPR]

Thursday, September 22, 2016

Autumnal Equinox 2016

  • Interviews of applicants for the Supreme Court seat vacated by Justice Nancy Saitta will be conducted on October 17-18. []
  • Las Vegas City Councilman Ricki Barlow is being investigated by the FBI. Who is his attorney? [RJ]
  • Things are falling into place for Governor Sandoval to call a special session on the NFL stadium proposal to take place as soon as October 7. That means he has the votes right? [RJ]
  • Is wearing a Black Lives Matter button more a statement of solidarity than a political statement? [RJ; Las Vegas Sun; Fox5Vegas]

Wednesday, September 21, 2016

Buttons In Court

  • One of the nation's most popular governors appointed his current general counsel, Joe Reynolds, to the Nevada PUC. Daniel Stewart will take over as Sandoval's general counsel on October 3. [Las Vegas Sun]
  • Controversy is brewing over whether defense attorneys can wear "Black Lives Matter" pins in court after an incident between Judge Douglas Herndon and deputy public defender Erika Ballou. What do you think? Is this political speech? Is there any harm with wearing a button like this outside the presence of a jury? [Las Vegas Sun]
  • Downtown will be extra difficult this weekend with Life Is Beautiful festival going on.  How is it affecting your practice?

Tuesday, September 20, 2016

Job Tips: Flexing Your Schedule

A reader wants your input on attorney schedules--specifically wondering about flexibility concerning the workday for attorneys and whether they are expected to be present from 8 to 5 or if they can set their own schedule (assuming they are present for court and meetings).  How does it work for you? Do you have to "use leave" for doctor appointments? If you work large numbers of hours in the early week and finish a huge project, etc., can you take a three-day weekend without "using leave?" Do you have to "use leave" at all or do you just come and go as you please so long as you meet your hours? It be would helpful if you identify whether you are an associate or partner and whether you are in private practice or are working for the government.

Monday, September 19, 2016

If We Build It, Will They Come?

  • NFL Commissioner Roger Goodell reminds everyone that his preference is that the Raiders stay in Oakland. [FoxSports]
  • A quick look at jury duty. [Las Vegas Sun]
  • The Top 10 misconceptions about jury duty. [eighthjdcourt blog]
  • What else is going on this week?

Friday, September 16, 2016

Hail To The New Chief

  • Judge Elizabeth Gonzalez will become District Court Chief Judge on January 1, 2017. [eighthjdcourt blog]
  • A grand jury is targeting the husband in the death of a lawyer and North Las Vegas justice court pro tem judge after her death had previously been ruled a suicide. [RJ and a second article about her parents]
  • The More Cops tax hike is on its way to the legislature--along with a stadium. [RJ; Las Vegas Sun]
  • Former AG and current senate candidate Catherine Cortez Masto is against recreational marijuana and public money for an NFL stadium. [Las Vegas Sun]

Thursday, September 15, 2016

Never Change

  • A judge ruled that the energy rate increase for rooftop solar customers followed an unlawful procedure. [Las Vegas Sun]
  • Today's the day the SNTIC may vote on the stadium proposals. [RJ]
  • UNLV to spend $50,000 to update Hey Reb! [KNPR]
  • What you need to know about changes to discovery reports and recommendations submitted to the discovery commissioner. [eighthjdcourt blog]
  • Binding versus persuasive authority. [Compelling Discovery]

Wednesday, September 14, 2016

Job Tips: Time For Change

One of our readers wants your input on the best time to change firms. There is some conventional wisdom indicating that leaving during the third or fourth quarter of a year doesn't make any sense if you've got a healthy bonus on the line.  Under what circumstances would you be willing to leave this late in the year? Does it make a difference if you're a partner with the firm? Is there ever really a good time to leave? What factors should one consider in making a decision?

Tuesday, September 13, 2016

Something Knights

  • Deal reached for NV Energy to grandfather in rates for some solar customers. [RJ]
  • Why didn't someone tell us about this very important advisory opinion from the Standing Committee on Judicial Ethics sooner? Good thing we didn't follow through with that plan to invite all the judges to vote on the Oscar for Best Performance by an Attorney. [JE16-002]
  • Opening statements in the Bundy brothers' trial starts in Oregon today. [RJ]
  • Adam Laxalt has taken his "AG for a Day" show on the road. [RJ]
  • The Las Vegas Something Knights? [thesinbin]
  • Titlemax is seeking judicial review of a decision ordering them to refund over 6,000 loans. [RJ]

Monday, September 12, 2016

15 Years Later

  • The nine applicants for the open seat on the Nevada Supreme Court are:
    • Michael Edward Buckley, 66, Las Vegas, Attorney
    • Elissa F. Cadish, 52, Las Vegas, Judge
    • Harriet E. Cummings, 56, Carson City, Attorney
    • Chris William Davis, 56, Las Vegas, Attorney
    • Mark Ralph Denton, 65, Las Vegas, Judge
    • Susan Holland Johnson, 57, Henderson, Judge
    • Michael King Powell, 68, Gardnerville, Attorney
    • Lidia S. Stiglich, 46, Reno, Judge
    • Paul Gordon Taggart, 50, Washoe Valley, Attorney
  • All of the applications, with the exceptions of medical records and personal identification information, will be available on the Supreme Court website.  The Commission invites written public comments about the qualifications of the applicants. As noted in the rules of the Commission on Judicial Selection, letters may remain confidential if requested by the letter writer; however, the contents may be discussed with the applicant during executive session. Anonymous letters may not be considered at the discretion of the Commissioners.
    Submit written comments regarding the applicants by 5 p.m. on October 14 to:

    Robin Sweet
    Secretary, Commission on Judicial Selection
    Nevada Supreme Court
    201 S. Carson St., Suite 250
    Carson City, Nevada, 89701

    The Commission will deliberate and nominate three finalists for each open seat. Those names will be submitted to Governor Brian Sandoval for the appointment.  Of course, your are also welcome to comment on the applicants below.
  • Attorneys weighed in on Friday on the need for bar guidance on medical marijuana issues. [RJ]
  • Greg Giordano is chief editor on a new practice guide on gaming law. [RJ]
  • We've got some news for you on the Morris Law Group joining up with Snell Wilmer. Apparently, the crew from Morris have already completed their Snell training and will start moving in today with their official start date on Thursday. For those of you wondering whether Steve Morris will be bringing his dog to the new office, not everyone at Snell is in favor, but apparently he is pushing the issue with Hughes Center management.  Finally, one of the downsides of mergers (or any job change for that matter) is that it creates new conflicts. Justice Kris Pickering (who is married to Steve Morris), recuses herself from any matters involving his firm. Although the merger hasn't officially happened yet, she recused herself from oral argument on Thursday in an HOA case in which Snell represents Wells Fargo. Pickering was in the SFR Investments 4-3 majority (which also included the now retired Justice Saitta) and, based on the oral argument, it appeared that Justice Hardesty (also in the SFR majority) was trying to find a reason to not reach the constitutional arguments against NRS 116. This was somewhat bizarre, given the scores of HOA cases on appeal making similar constitutional arguments. Perhaps he did this so that the court could wait until a non-Snell case comes up so that Pickering could join in the decision?
  • Lastly, we just want to take a moment and acknowledge that yesterday was the 15-year anniversary of the attacks on September 11, 2001. Never forget.

Friday, September 9, 2016

Evil Superheroes And DA Golden Boys

  • More details on stadium proposal and, surprise, Adelson/Sands isn't okay with profit sharing with the public. [Las Vegas Sun]
  • Michael King Powell is the first person to apply for Justice Saitta's spot on the Supreme Court bench. One of the commenters here says Judge Denton has applied as well? [Las Vegas Sun]
  • More opposition to Las Vegas Law. [RJ]
  • What else is going on out there?

Thursday, September 8, 2016

Mercury Rising

  • Anyone have more details (timeline, casualties, etc) on Morris Law Group joining Snell Wilmer
  • How long before there is a lawsuit against CCSD related to the mercury contamination and the EPA keeping kids at Johnson Junior High School until 5 am? [RJ]
  • Or until there is a lawsuit over the CCSD breakup? [RJ]
  • Watch video of how easily a man escaped custody from the North Las Vegas Police Department. [Fox5Vegas]
  • 60 years in prison for Otis Holland. [RJ]
  • Two Paiute tribes are suing the State over ballot access. [Las Vegas Sun]
  • The Supreme Court will be deciding what last name(s) a baby should have when parents split up. [RJ]
  • Last minute private meetings took place yesterday between Adelson, Davis, and Sisolak before the stadium proposal goes before the SNTIC evaluates it. [KTNV-Ralston]

Wednesday, September 7, 2016

Stadium Schmadium

  • The Southern Nevada Tourism Infrastructure Committee is meeting to discuss the statidum issue tomorrow. [RJ]
  • You can view language of the proposed bill that would be addressed at a special legislative if one is called here.
  • Mayor Goodman still thinks the stadium should be downtown. [RJ]
  • There are still lots of questions about the stadium. [Las Vegas Sun]
  • Is it getting harder to get judicial approval on stipulations to extend discovery? [Compelling Discovery]
  • Boyd law professor Ian Chamberlin will be presenting tonight on Originalism After Scalia. []

Tuesday, September 6, 2016

Back To The Grind

Welcome back, suckers. Summer is unofficially over and it's time to get back to the grind for the last four months of the year. We're a little over two months from an election day where we'll be electing a president, a few judges, and deciding whether Nevada needs recreational marijuana. Later, we'll also be doing our annual survey looking at attorney salaries. There should be lots to talk about this fall, but to get you started, check out these items:

  • A Harvard Law study calls out Clark County prosecutors for being overzealous on death penalty cases. [I-team LasVegasNow]
  • Former Judge Donald Mosley gives a radio interview discussing his opinions on Ballot Question #2 about legalizing recreational marijuana. [KXNT]
  • This one is only tangentially related to Vegas, but interesting nonetheless. Reno attorney John D. Moore wrote a "commentary" for the Elko Daily about a case between his client and the city of Elko that recently went through arbitration with a panel that included a Vegas attorney. [Elko Daily]

Friday, September 2, 2016

Labor Day Weekend 2016

  • Life with possibility of parole for defendant in iPad killing case. [RJ]
  • Here's a look at what the $750 million being requested for a stadium could do for local education. [Las Vegas Sun]
  • Have fun this weekend and remember not to drink and drive!

Lawyers Concerned for Lawyers Program

Confidential help from a fellow lawyer is a phone call away
Toll Free: 866-828-0022
Mitch Cobeaga, LCL Coordinator
If you, or any lawyer in Nevada, are in need of confidential assistance with an alcohol, drug, depression, stress or gambling problem, help is readily available through the LCL Hotline.When calling, leave your first name and telephone number. A fellow lawyer, who has also had problems, will call you back. You'll be listened to with an understanding heart rather than scorn, judgment and condemnation. You can talk frankly. The person returning your call is solving problems just like yours, and is living happily and usefully doing so.

Thursday, September 1, 2016

Pot vs Guns

  • Jury convicts man of murder in iPad killing case. Now they're deciding the penalty. [RJ]
  • In a personal blow to several local members of the bar, the 9th Circuit upheld a federal ban on gun sales to holders of medical marijuana cards finding it doesn't violate the 2nd Amendment. [Las Vegas Sun]
  • Judge Cadish grants bail and some unusual requests for trio linked to a killing. [RJ]
  • The Nevada Commission on Judicial Selection is still accepting applications for the Supreme Court opening. They have also begun accepting applications for Judge Scann's place on the bench. []