Thursday, July 27, 2017

Job Tips: Moving Out


Have you ever thought of moving out of the state, only to be put off by the idea of having to take the bar exam again? Have you given it serious enough thought to look up rules on reciprocity and/or admission by motion to see if you can get admitted somewhere else that way? What have you found? Is there anywhere that a lawyer who is only admitted in Nevada can successfully and legally be admitted to practice? Any thoughts about switching to a federal practice area like immigration or social security? Is going in-house a viable option? Any jobs overseas for a Nevada licensed lawyer? 

52 comments:

  1. Texas allows for admission without reciprocity as long as you've been barred for somethibg like 5 years.

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    1. Same with DC. And once you're in in DC (or probably Texas, or anywhere else that offers broad reciprocity), you can then get reciprocity in several other states based on the DC/Texas/etc. admission.

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    2. You are only eligible for reciprocity (in most states) if your bar was via test versus by Motion (yes I've looked it up).

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    3. It was always in my plan to qualify in Arizona. I was going to buy in to Texas and then to Arizona. Then Arizona adopted the UBE and yes, the reciprocity only works if admission to Texas or whereever was by bar exam.
      So by waiting too long, I had to take the UBE this February in Arizona. Passed Nevada bar 2007, California bar 2008, and Arizona bar 2017. I can tell you that I had not thought a single minute about things like majority and minority standards for second degree murder since 2008. It was not fun and I still don't know whether it will be worth it.

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  2. Best way to do it is to take the easy bar in AZ or ID and boondoggle in somewhere else

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    1. Yep, pass a UBE state and you're good to go in a bunch of states, even though it seems every state has its own weird additional rules. Like a local law test.

      http://www.ncbex.org/exams/ube/

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  3. http://www.bcgsearch.com/article/900046195/A-Comprehensive-Guide-to-Bar-Reciprocity-What-States-Have-Reciprocity-for-Lawyers-and-Allow-You-to-Waive-into-the-Bar/

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  4. Bar exams are so fucking expensive in some places. Even admission by reciprocity (if you find some circuitous route to reciprocity) is really expensive.

    I was looking at Missouri because I wanted to downgrade my life to public defender and they want $1250 for the application process. Their public defenders make $3k/month. Seriously piss off.

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  5. I have no desire to leave Las Vegas. But I'm going to apply to Utah for motion just as a safety valve, just in case some day I'm called home to Zion.

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    1. Who would ever want to leave Las Vegas and raise a family elsewhere? Where else can you have all this? I love it here. This is paradise.

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    2. Can you do Utah by motion? I just looked really fast a few months back at this: http://www.utcourts.gov/resources/rules/ucja/ch14/07%20Admissions/USB14-705.html

      Any my hang up is these lines:

      (a)(6) has demonstrated that the U.S. state, territory or the District of Columbia that licenses the Applicant reciprocally allows the admission of licensed Utah lawyers under terms and conditions similar to those set forth in this rule;

      (a)(7) has been Actively licensed and lawfully engaged in the Full-time Practice of Law as defined in Rule 14-701(b), (t) and (ff) in the reciprocal jurisdiction(s) where licensed for 60 of the 84 months immediately preceding the date of the filing of the application for admission. For purposes of admission under this rule, any time practicing at an office located in Utah will not be counted as time practicing in a reciprocal jurisdiction;

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    3. Utah is a beast to get reciprocity. They don't allow reciprocity for the Nevada bar, because we don't offer it to them. Luckily, I'm barred in AZ and I do a fair amount of work there, so I tried to use that bar but Utah said I had to be LIVING in AZ for my work there to count. Not practicing, but living. Ridiculous.

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    4. is it possible to have two residences? Cant you techinically just get a PO box in AZ and say its your residential address? or even just rent a room in AZ? there is gotta be a way around that crap

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  6. Illinois offers admission by motion without any requirement of reciprocity, so long as you have a minimum of 5 years (out of the last 7 I believe) of active practice in any U.S. state or the District of Columbia.

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  7. ANyone have any thoughts on immigration law? Seems like it could be a booming business?

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    1. If it's so great, why isn't anyone doing it?

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    2. No one likes to pay for it

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    3. Lots of potential clients; none who have much money to pay for your services.

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  8. NV Supreme Court recent decisions having trouble downloading for everyone else or just me?

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    1. The decisions are generally not "released" until 12:30 pm. However if you click 'refresh" you can sometimes get them in the mornings.

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    2. Typically they are up before 10 a.m., unpublished orders before 8 a.m.

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  9. Desai murder conviction overturned.

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  10. NSC upholds the First Rule of Acquisition when it comes to taxes on out-of-state power companies ("Once you have their money, you never give it back.")

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  11. Yes SFR1 applies to foreclosures which occurred before the issuance of the decision in SFR1. No NRS 116.3116 is not preempted by FHA-backed insurance.

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  12. The Wynn/Okada Writ decision on attorney/client privilege and attorney work-product protections is fascinating.

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    1. Do you have a link to the decision?

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  13. Any follow-up on Hafter? He recently filed a suit re Guardianship and it looks like his SCt review of his discipline is still pending. He did file a recent supplement about commentary re judges being protected speech. Long and short of it - do attorneys waiting on a suspension opinion often take new cases in the meantime? I for one think they won't uphold it anyway.

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    1. Some do; some do not. Depends on the length of suspension, the hubris of the attorney and basis for the suspension. This is Hafter we are talking about.

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    2. They would have a hard time suspending him for 6 months when they suspended Callister for 35 days for intentional witness tampering and witness intimidation.

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    3. Callister's suspension is one of the weirdest I have ever seen. The Panel recommended a public reprimand with conditions which if not met would turn into a disbarment. Just weird. And how that one only ended up being 35 days is just beyond comprehension.

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    4. Does he still have that rancid breathe?

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    5. Suspension link?

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    6. http://caseinfo.nvsupremecourt.us/public/caseCaptcha.do?n=%2Fdocument%2Fview.do%3FcsNameID%3D40118%26csIID%3D40118%26deLinkID%3D608980%26sireDocumentNumber%3D17-24680

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    7. Note: this matter is about Jonathon Callister

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    8. Right. Callister was suspended 35 days. Hafter's suspension is still in front of the Supreme Court which seems to be sitting on discipline cases lately. At the end of 2015, they were turning them around in 3-4 months. Lately they have been taking 9 months to a year to rule on them.

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  14. What kind of disasterous mess is this? Has anyone reviewed the new Disciplinary Rules of Procedure adopted by the Nevada Supreme Court. I had not until today and what kind of fuckery is this?

    Rule 6-- Bar Counsel and staff shall present the case to the Screening Panel without you present.
    Rule 8-- The Screening Panel can give you a Letter of Reprimand, fine you up to $1000 + costs even though you aren't allowed to be present and are not allowed to respond to the allegations.

    The burden is then on the Attorney to have the Letter of Reprimand set aside.

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    1. None of this is new. Without the letter of reprimand procedure, you would go straight to a formal hearing. You have the option to demand a formal hearing after getting a letter of reprimand. If you'd rather not risk suspension or worse, you can just take the letter of reprimand and be done with it. The procedure increases your rights, not decreases them.

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    2. Thanks for your input, OBC drone # 7

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    3. Due process, 2:49. If you're going to impose any kind of discipline, due process must be guaranteed. Having closed hearings with the ability to impose discipline and penalties is absolute bullshit.

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    4. It is nonsense. I had a go around with them a few years ago over a relatively minor issue (and it wasn't even my issue but rather a situation where I arguably had some vicarious liability). It goes to a hearing where you aren't allowed to be present and don't have any due process rights to speak of. In my case, they recommended a reprimand, I challenged it in an informal hearing (meaning they can't increase the punishment but you waive your right to appeal to the NSC) and when I was finally able to present my side of the issue in person, lo and behold I got it reduced to a "letter of caution." I should have had that right in the first instance. Although the correct result was eventually reached, it was an unduly expensive and stressful process in my opinion.

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    5. It is entirely a Due Process issue. But this from the same State Bar and Nevada Supreme Court who in July 2017 affirmed that an attorney suspension "ended" in December 2016, with three justices winking that lets be honest--things move so slowly in this state that the poor schmuck will not be reinstated until well into 2018. Complete garbage.

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    6. What's the difference between this and a court deciding a motion in chambers? I'm pretty sure you have the right to present your side of things prior to the screening panel hearing, and then it is taken into account by the screening panel. If you don't like it, you have appellate options. Nothing to see here.

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    7. Not really. More like a motion where the other side is there and you aren't, and they just call you later to tell you what they decided, then you get to spend time and money on an appeal. The process stinks.

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    8. I dealt with the screening panel (and mine ended up dismissed), but my biggest issue was the lack of transparency. The bar asked me if I had anything to provide to them aside from my initial response to the complaint. I asked if there was a reply I could review to see if I needed to provide anything more. I was told that they would not provide that to me and it would just go to the screening panel. How is that Due Process???

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    9. @9:05-- Except it is nothing like that. OBC prepares a report to the screening panel. OBC then comes and argues to the Panel. So it would be as if there was a hearing only you were not allowed to argue or be present, only the other side was allowed to be present. And then the other side gets to write the Bench Brief for the Judge. yeah, not due process. Its bullshit.

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  15. Fucking jobs program.

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    1. Also hiring another OBC Minion.

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  16. I practiced in Nevada for about a decade, after practicing in another state. While there, had a couple of kids. One day, wife and I looked around and started having conversations about whether or not Nevada meant home. There wasn't anything specifically wrong (I'm definitely not a NV basher), there also wasn't anything specifically right. I started looking at which states which had reciprocity or could I waive into based on any of the licenses I had and which we thought we'd want to live in. Narrowed the list down to WA, OR and one or two others (can't remember). Six months later, we're backing the moving truck and heading off to Oregon.

    It took awhile to rebuild up my practice. We didn't have any connections when we moved here. But, my wife trusted me, we had some savings and knew it was a gamble.

    But, it was absolutely, for us, worth it. I'm still not quite where I was in Nevada - professionally. But, we now live in a place that feels like "home." I'll probably have to work a few more years than I would have had we stayed in Nevada, but we're all much happier and feel more connected in our community than we ever did in Nevada. Again, not bashing Nevada at all, it just wasn't the right fit for us, and I would absolutely do it again.

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  17. My hope is to just sock away as much money as possible and pay off my debt so I can retire early, hopefully by the time I'm 50. After that, I'll have no restrictions on where I can go and I can spend some quality time with my family. I don't care to take another bar somewhere else. One time was enough for me.

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  18. I retired from the practice of law last year after practicing for 25 yrs. exclusively in Nevada. I moved to the East Coast where I work as an administrative law judge. My pay is lousy, but the health insurance is good and the job is low stress. No law license is required for my new job. I work primarily for health insurance and enjoy a lot of time off.

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