Articles Posted in Legal Ethics

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The Supreme Court affirmed the order of the district court sanctioning a party for discovery violations and finding that the party’s attorneys violated Nevada Rule of Professional Conduct (RPC) 3.3(a)(1) by making a false statement of fact or law to the court, holding that the district court acted within its discretion when it sanctioned the party for violating Nev. R. Civ. P. 16.1. The Court further concluded that a district court’s citation to the RPC in support of a determination of attorney misconduct causes reputational harm that amounts to a sanction and that the district court correctly determined that the attorneys violated RPC 3.3(a)(1). Lastly, although the attorneys were not provided sufficient notice that their conduct was under review, any notice deficiencies were subsequently cured by the attorneys’ motion for reconsideration. View "Valley Health System, LLC v. Estate of Jane Doe" on Justia Law

Posted in: Legal Ethics

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Zenor was employed by the Nevada Department of Transportation (NDOT) when he injured his wrist on the job. Eleven months later, Zenor underwent an examination and received an evaluation by his treating physician, Dr. Huene, who determined Zenor was not yet capable of performing his pre-injury job duties. Two months later, Dr. Huene again examined Zenor and determined he could fully use his wrist with a brace as needed. Less than one month later, Dr. Huene released Zenor "without limitations." Zenor delivered the full release to NDOT that same day. NDOT nonetheless commenced proceedings and separated him from employment for medical reasons. An administrative hearing officer reversed. The district court affirmed. Zenor sought attorney fees under NRS 18.010(2)(b) on the ground that NDOT unreasonably brought its petition to harass him. The court held that NRS 233B.130 prohibited attorney fees in a judicial action of a final agency decision. The Nevada Supreme Court affirmed. NRS 233B.130(6), which states that the provisions of NRS Chapter 233B provide the exclusive means of judicial action in a petition for judicial review, prohibits an award of attorney fees under NRS 18.010(2)(b) in petitions for judicial review. View "Zenor v. State of Nevada Department of Transportation" on Justia Law

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The Dezzanis own a condominium and are members of the Homeowners' Association (HOA). Kern, an attorney, represents the HOA and advises its governing board. In a dispute regarding an extended deck on the Dezzani unit, the board issued a notice of violation with drafting assistance from Kern. Kern notified the Dezzanis that she represented the HOA. Kern and the Dezzanis exchanged several letters. The board held a hearing and upheld the notice. Throughout this time, Kern advised the HOA regarding the Dezzanis' and other members' deck extensions. The Dezzanis filed suit against Kern under NRS 116.31183, which allows a unit owner to bring a separate action for damages, attorney fees, and costs when an “executive board, a member of an executive board, a community manager or an officer, employee or agent of an association" takes retaliatory action against a unit's owner. The Nevada Supreme Court affirmed the dismissal of their action, noting that the Dezzanis did not specify how Kern retaliated against them. An attorney is not an "agent" under NRS 116.31183 for claims of retaliatory action where the attorney is providing legal services for a common-interest community homeowners' association. In a consolidated case, the court held that attorneys litigating pro se and/or on behalf of their law firms cannot recover fees because those fees were not actually incurred by the attorney or the law firm, but they can recover taxable costs in the action. View "Dezzani v. Kern & Associates, Ltd." on Justia Law

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The Dezzanis own a condominium and are members of the Homeowners' Association (HOA). Kern, an attorney, represents the HOA and advises its governing board. In a dispute regarding an extended deck on the Dezzani unit, the board issued a notice of violation with drafting assistance from Kern. Kern notified the Dezzanis that she represented the HOA. Kern and the Dezzanis exchanged several letters. The board held a hearing and upheld the notice. Throughout this time, Kern advised the HOA regarding the Dezzanis' and other members' deck extensions. The Dezzanis filed suit against Kern under NRS 116.31183, which allows a unit owner to bring a separate action for damages, attorney fees, and costs when an “executive board, a member of an executive board, a community manager or an officer, employee or agent of an association" takes retaliatory action against a unit's owner. The Nevada Supreme Court affirmed the dismissal of their action, noting that the Dezzanis did not specify how Kern retaliated against them. An attorney is not an "agent" under NRS 116.31183 for claims of retaliatory action where the attorney is providing legal services for a common-interest community homeowners' association. In a consolidated case, the court held that attorneys litigating pro se and/or on behalf of their law firms cannot recover fees because those fees were not actually incurred by the attorney or the law firm, but they can recover taxable costs in the action. View "Dezzani v. Kern & Associates, Ltd." on Justia Law

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The Nevada Supreme Court granted a petition for mandamus challenging the district court's order awarding attorney fees as a sanction for work done by later-disqualified attorneys. The court held that the district court must consider the factors from the Restatement (Third) of the Law Governing Lawyers 37 cmt. d (2000) when awarding attorney fees sought for a disqualified law firm's work. In this case, the district court awarded the attorney fees without the benefit of these factors. View "Hawkins v. The Eighth Judicial District" on Justia Law

Posted in: Legal Ethics

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The Supreme Court denied in part and granted in part a petition for a writ of mandamus or prohibition filed by Petitioner, an attorney who was being investigated by the State Bar of Nevada for potential ethical violations after he testified at his personal bankruptcy proceedings that he had not implemented a reliable or identifiable system of accounting for his client trust account. The State Bar served Petitioner with two subpoenas duces tecum seeking production of client accounting records and tax records. Petitioner objected to the subpoenas, asserting his Fifth Amendment right against self-incrimination. The chairman of the Southern Nevada Disciplinary Board (Board) rejected Petitioner’s objections to the subpoenas. This petition for writ relief followed. The Supreme Court held (1) with regard to the requested client accounting records, this court adopts the three-prong test under Grosso v. United States, 390 U.S. 62 (1968), to conclude that the right against self-incrimination does not protect Petitioner from disclosure; but (2) with regard to the requested tax records, the Board must hold a hearing to determine how the records are relevant and material to the State Bar’s allegations against Petitioner and whether there is a compelling need for those records. View "Agwara v. State Bar of Nevada" on Justia Law

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Law firm Hall Jaffee & Clayton (HJC) defended Petitioner in a tort action. The district court ultimately dismissed the action with prejudice. Jordan Schnitzer worked as an associate attorney at HJC during the case but never represented Petitioner or obtained confidential information regarding Petitioner while employed at HJC. Schnitzer subsequently left HJC to join the law firm Kravitz, Schnitzer & Johnson, Chtd. (KSJ). Martin Kravitz from KSJ later filed a tort action in behalf of real parties in interest against Petitioner. Kravitz permitted Schnitzer to assist on the case. Petitioner filed a motion to disqualify real parties in interest’s attorneys, Kravitz and Schnitzer. The district court denied the motion. Petitioner then filed a petition for a writ of mandamus seeking review of the district court’s order. The Supreme Court denied the petition for writ relief, holding that the district court did not abuse its discretion by denying Petitioner’s motion to disqualify the real parties in interest’s attorneys due to absence of evidence indicating that Schnitzer acquired any confidential information from HJC’s prior representation of Petitioner. View "New Horizon Kids Quest III, Inc. v. Eighth Judicial District Court" on Justia Law

Posted in: Legal Ethics

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In 1976, Nevada’s voters approved the creation of the Commission on Judicial Discipline through constitutional amendment. In this case, a group of individuals within the City of North Las Vegas sought to remove a municipal judge through a special recall election rather than through the system of judicial discipline established by the majority of voters in 1976. The municipal judge sought an emergency injunction from the district court and also filed a complaint challenging the legal sufficiency of the recall petition. The district court denied all of the municipal judge’s claims, concluding that judges are “public officers” subject to recall under the Nevada Constitution and that the form of the petition did not violate the judge’s constitutional rights. The Supreme Court reversed, holding that the recall petition against the municipal judge was invalid because the drafters of the constitutional amendment at issue and the electorate who approved it intended that recall no longer be an available means of removing a judge from office. View "Honorable Catherine Ramsey v. City of North Las Vegas" on Justia Law

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G&V received settlement funds from a personal injury claim without first filing perfection notices. NRS 18.015(3) requires an attorney to perfect a lien by serving notice "upon the party against whom the client has a cause of action, claiming the lien and stating the amount of the lien." NRS 18.015(4) provides that the lien attaches to recovery "from the time of service of the notices required." The court held that in order to comply with both subsections of the statute, attorneys must, prior to recovery, perfect their liens by serving notice that states both the attorney's percentage of the recovery and that the lien will include court costs and out-of-pocket costs advanced by the attorney in an amount to be determined. In this case, the court affirmed the district court's decision to order a pro-rata distribution because G&V did not perfect its lien until well after it recovered funds in the personal injury settlement. The court affirmed the denial of costs. The court clarified that an attorney need not deposit funds with the court in an interpleader action so long as the attorney keeps the funds in his or her client trust account for the duration of the interpleader action. View "Golightly & Vannah, PLLC v. TJ Allen, LLC" on Justia Law

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After respondent received a judgment for child support arrears and penalties against appellant in Nevada, as well as an award of attorney fees, appellant appealed the order. Under NRS 125.040(1)(c), a district court has discretion in a divorce suit to require one party to pay an amount of money necessary to assist the other party in carrying on or defending the suit. The court held that a district court has jurisdiction to award attorney fees pendente lite for the costs of an appeal pursuant to NRS 125.040. In this case, the court held that the district court did not abuse its discretion in awarding such fees. Accordingly, the court affirmed the district court's order. View "Griffith v. Gonzales-Alpizar" on Justia Law