Thursday, July 12, 2018

Real People


  • Here's a version of the story of what went down with Kym Cushing and Wilson Elser. [Law.com/NewYorkLawJournal]
  • Judge Elizabeth Gonzalez's ruling yesterday indefinitely postponed the execution of Scott Dozier. [TNI]
  • The Annual Meeting of the State Bar is underway with last night's packed opening night reception and ice-cube icebreakers. Anyone have any more details? [@nevadabar and #ruleoflawsbn]
  • Just a reminder that the people mentioned in these links and articles and in the comments are real people with feelings, families, and reputations. Feel free to speak your mind, but please keep it work-appropriate, slander and bully-free. Thanks.

51 comments:

  1. You know-- if you build a tiny house sixty percent of the way across the country, it becomes "packed" without much effort.

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  2. We're all fighting our own demons. I don't know Mr. Cushing. I'm saddened anytime I see another of our tribe has trouble. Some problems are of their own doing and some are a combination of many factors. I wonder what his colleagues knew if anything and what they did.

    If you see another lawyer struggling then say something. All Lawyers, Judges, Clerks, and Assistants should take action if they see something. If you don't want to say something to the struggling colleague, then make an anonymous call to the Lawyers Concerned for Lawyers Program. Confidential help is a phone call away: 866-828-0022.

    The Moderator's reminder should be on our collective minds every day and we should practice and live with this in mind. Someday it could be you at the receiving end. Be fair and be kind.

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    1. The linked article on Kym Cushing requires a subscription, which I'm not inclined to do at the moment. Anyone care to give a tl;dr?

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    2. Here is a cached copy of the article: https://webcache.googleusercontent.com/search?q=cache:e6ATvbsEmbYJ:https://www.law.com/newyorklawjournal/2018/07/10/theft-bias-and-retaliation-claims-fly-in-ex-partners-fight-with-wilson-elser/+&cd=2&hl=en&ct=clnk&gl=us

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    3. Notice how Bar Counsel immediately tried to hang him. Nice.

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    4. Actually, this is precisely the type of situation Bar Counsel is supposed to investigate.

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  3. Judges need to be reminded that clients have families too when you make rulings that are inequitable and ignore the law. Happening all the time.

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  4. An unrelated question, can you carry over substance abuse credits? How long can you do that for cles? Thank you!

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    1. I believe so. Substance abuse and ethics for up to 2 years now. That's how I read it anyway.

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    2. Thank you. I will check my credits on cle board.

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    3. I believe the rollover provision didn't start until this year though (when the new requirement for yearly SA credit began), so if you are trying to roll over from last year, I don't think they would have. If you have extra this year, it should roll over to 2019.

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  5. This is a tough profession. Every week, there are members flaming out in the news, and I assume many more outside the glare of media coverage. We could all afford to be a little kinder and more patient with each other, a little more cognizant of a colleague or friend in trouble.

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    1. You're right. But this is not the first time Cushing has flamed out.

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    2. We need to be quicker to forgive. Quicker to give a hand up. We are really good and running members of the profession down but terrible at picking them back up.

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    3. Look at some of the political commercials of these candidates. They are showing you how bad they are. Pay attention.

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    4. With a few exceptions the bench does not do anything to help lawyers.

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    5. Help lawyers? Are you serious? I was (what I believed) very close friends with a few members of our judiciary. I had some issues and became persona non grata, to the point that not only would these "friends" not help but refused to stay in contact. Honestly our bench is a bunch of selfish and self-serving people who have very little concern for other members of the profession.

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    6. I have a friend, lawyer, whose life was destroyed. She also had her life placed in peril, and judges she knew for decades fucked her over. This is what is down at the RJC.

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    7. Worked as a 'colleague' to judges and could not agree more with 12:23P. It is a political position with all the attendant BS. In a desperate position myself, I was told (nicely) to snap out of it because if anything happened to me it would only be an opportunity for them to put on their best suits and make a pretty speech standing on the body. It stuck with me over the years as I served in various positions. I trust them not an inch as I firmly believe they are only interested in keeping their positions and power. The exceptions being Justice Cherry and the late Mitch Cobeaga (as well as former Judicial Commission director Dave Sarnowski) who could be called on by anyone to help with a lawyer or judge in need.

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    8. On the Eighth, civil,the only ones I will vote for are Delaney, Denton, and Crockett. The rest are not worth a penny.

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    9. Mitch was golden. Justice Cherry is a back stabbing liar who would not stand up for what is right or a person of merit if you led him there with a bridle and reins. The issue is that these Judges stand behind the Judicial Canons but then cannot point to a single one that prohibits them for standing up for a lawyer or friend in need. Personal experience.

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    10. @1:12-- I will say that the surprising judges who reached out in my time of need were Ken Cory and Linda Bell, both of whom are inherently decent and humble human beings. Two judges who I expected would stand up for what is right and did not were...well I cannot name them but they know who they are. Colleagues be damned.

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    11. Your support will come from colleagues you barely knew. That fact somehow compensates for the "friends" who forgot you existed. Hopefully, the experience will teach you to be a more empathetic human being. It is easier to just become bitter.

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    12. 3:49-- It is a sobering experience (no pun intended) to learn that the good people who stand up for right are not the people who you think are closest to you. It is often the people who you least expect. It has been a learning lesson that has made me remember those who are there for me but also never forget who disappeared in crisis.

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    13. Delaney you would vote for? Wow. I get shocked daily on this site.

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    14. I think the post was directed at Delaney being a caring individual, which she truly is. Most efficient at issuing Orders? Not so much. But she really is a caring soul.

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  6. I am going to go donate money for a sick animal, while more of my colleagues earn their way to prison sentences. I drive a beater.

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  7. Kym Cushing article. Very sad. Easy link from Facebook.

    https://www.law.com/newyorklawjournal/2018/07/10/theft-bias-and-retaliation-claims-fly-in-ex-partners-fight-with-wilson-elser/

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  8. What is the status of the Joint Opposition on the Malpractice Insurance? Was it filed? Did many join? Hopefully they did. Can someone post.

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    1. You can go to http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=46470 to view all the comments filed. The Joint Opposition was filed by Mauricio Hernandez and includes 127 signatories.

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    2. Not really a surprise, but Eglet is in favor of the requirement. This requirement has the most impact on his solo/small firm competitors.

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    3. Eric Abbot makes a great point I haven't seen anyone else make: "The proposed amendment does not provide any mechanism to request a waiver of the rule due to special or unique circumstances. It could be possible that an attorney in a highly specialized area may not be able to find insurance- then what happens, that attorney cannot work?"

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    4. Another point that has been touched upon is whether the Supreme Court has the authority to impose a requirement to obtain malpractice insurance as a condition of licensure. Along those lines, does any other regulatory body of licensed professionals already have the power to impose such an insurance requirement on its regulated licensees without an express legislative requirement to carry insurance? It seems to me that if this were to be imposed, it would require a legislative enactment.

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    5. Free market question, one I sincerely do not have an answer for: is there any evidence, one way or the other, that if MI becomes mandatory that prices will drop as the size of the pool increases?

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    6. Mark Hafer's comment that the Supreme Court should have to come listen to reformed alcoholics and drug addicts talk about their problems and that maybe the Court should spend more time deciding the cases in front of it instead of making stupid rules is humorous and on point.

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    7. Mark's letter is awesome. Written by a beloved, grizzled veteran who has zero fucks left to give, even to the NVSC Justices.

      You're a hero, Mark!

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    8. Loved the letter by Mark Hafer. I can't wait until I have "zero fuck left to give" and the courage to put it out there.

      There are all kinds of insurance policies available with different options for coverage, exclusion, deductible and price. The proposal requires insurance but doesn't mandate these coverage, exclusion, deductible, etc. The process of getting insurance is difficult. I will never fall down the email solicitation trap again so I can go back and forth for a few months with a broker in San Diego, Texas, Colorado, or New York just to be told my area of practice is "difficult" to insure. I finally have a good local broker who has made it easy but it is still not fun to get renewal. I think that disclosure to a client in writing is enough.

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    9. I agree with the above comments about the lack of support from my colleagues. I thought I had so many friends, until the day I found out I had no friends.

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  9. Anyone know what happened or is happening to Adam Stokes? Last we heard he was injured and was in Texas or something. Anyone have any updates?

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    1. He's here in town and seems back to normal. I see him often with his wife and kids in Summerlin.

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    2. This comment has been removed by a blog administrator.

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    3. 3:24 you're an ass and jealous of Adam's success which you will never doing subrogation work or GL work at $125/hour.

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  10. My internet out all afternoon. What do I pay for?

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  11. From the WTF Category. Today I get an NBI Seminar Ad regarding "Trusts." I see David Sampson is on the panel, who I have never known to do trust or estate work. What is David lecturing on? "Legal Ethics", including (wait for it) courtesy, candor and the Lawyer's Pledge of Professionalism. Perhaps the most miserable, nasty, discourteous attorney that I know is giving a talk on ethics. Needless to say I will not be paying $575 for the irony.

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    1. Are you serious? Wow! Yes, he is ill-equipped to give such a talk. That's some Twilight Zone stuff.

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    2. After hearing this, I am initiating the inaugural "Stan Award," given to those who so completely disregard working toward the good they are entrusted to achieve that any reasonable person would think they were hired to do the opposite. Named in honor of "Stan," who ruined so many lives in his personal pursuit of making sure the poor could not be served by solos, that the "Stannys" are now highly coveted. This year the competition will be tough as the current leaders appear to be Mr. Sampson and anyone wanting to impose mandatory insurance on solos.

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    3. Yes I am afraid I am dead serious.

      https://www.nbi-sems.com/ProductDetails/Trusts-The-Ultimate-Guide/Seminar/79865ER?N=63943%2B17

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    4. 4:25-- You along with Mark Hafer's letter have restored some degree of faith in the biting, topical humorousness of attorneys. Stan destroyed the State Bar discipline system (I have no idea how Janeen or anyone else will dig out from under this mess). Yes, Stan has ruined, literally destroyed, a lot of really good people. The leader for this year would be an eponymous award. Although Hardesty should never be allowed to be a Susan Lucci for the Stannys; he truly has fingerprints all over the corpses of many careers.

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    5. I nominate Gene "former deputy insurance commissioner" Leverty for a "Stanny" richly deserved for spawning not just the mandatory legal malpractice insurance petition but the random trust audit petition.

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    6. I don't agree that David Sampson should be a "Stanny" recipient. He's not a source I would consult on ethics. But, I've referred 2 PI cases to him and he has done a great job both times.

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    7. If the criteria for the Award is "completely disregard working toward the good they are entrusted to achieve that any reasonable person would think they were hired to do the opposite", yes David qualifies based upon his hubris in trying to give a seminar on candor, professionalism and courtesy. God help us if David's standards for ethics become the standard.

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