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Thursday, December 12, 201 3 President’s Luncheon & Annual Meeting RSVP by December 6. Details on page 8. DECEMBER 2013 OFFICIAL PUBLICATION OF THE CLARK COUNTY BAR ASSOCIATION VOL. 34, NO. 12 COMMUNIQUÉ TICK, TOCK! Bar membership renewals are due by December 31, 2013. Invoices have been mailed to CCBA members. If you have already paid your renewal fee, thank you! If not, please do so by the deadline. Questions? Call us! (702) 387-6011. THANK YOU! Follow CCBA! @clarkcountybar.org @clarkcountybar @ccbanv +Clark County Bar Association

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1COMMUNIQUÉ – December 2013 Clark County Bar Association

Thursday, December 12, 2013President’s Luncheon & Annual Meeting

RSVP by December 6. Details on page 8.




k County

Bar Associatio


Law Practice Management

TICK, TOCK!Bar membership renewals are

due by December 31, 2013.Invoices have been mailed to CCBA members.

If you have already paid your renewal fee, thank you!If not, please do so by the deadline.Questions? Call us! (702) 387-6011.


Follow [email protected] @clarkcountybar@ccbanv +Clark County Bar Association

Solo and Small Firm Ethics TrapsTen Tips for Launching a Solo Law Practice

Work Life Balance—Does it exist?


2 Clark County Bar Association December 2013 – COMMUNIQUÉ

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Articles16  Solo and Small Firm Ethics TrapsBy Dennis L. Kennedy

20  Launching the Solo Law Practice: Ten Tips to Get it and Keep It Off the GroundBy James W. Claflin, Jr.

22  Work life balance—does it exist?By Stacy Rocheleau

Columns5  A Message From the PresidentThanks for a Great 2013By Kari Stephens

26  From the Chief Judge of the Eighth Judicial District Court2013 A Culmination of AccomplishmentsBy Chief Judge Jennifer Togliatti

29  Pro Bono Corner Volunteer of the Month: Eunice BeattieBy Sara Feest


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Departments6  Bar Briefs

6  Member Moves

7  Court Changes

10  CLE Calendar

13  News & Notes

30  Market Place

Events & Seminars8  December Bar Luncheon

25  Sports Law: Tarkanian vs. NCAA—Precedent Setting Legal Battles & Their Impact CLE Seminar

27  10th Annual Ethical Issues CLE Seminar


COMMUNIQUÉ is published eleven times per year with an issue published monthly except for July by the Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125-0657. Phone: (702) 387-6011. © 2013 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.

COMMUNIQUÉ accepts advertisements from nu-merous sources and makes no independent inves-tigation or verification of any claim or statement made in the advertisement.

COMMUNIQUÉ is mailed to all paid members of CCBA, with subscriptions available to non-members for $75.00 per year. For advertising information and editorial policy, please contact Steph Abbott at (702) 333-2270 or [email protected].

PUBLISHERKari L. Stephens

EDITOR-IN-CHIEFAirene Williamson

ASSOCIATE EDITORSHeather Anderson-FintakTami D. CowdenStacy D. HarropPaul C. RayJennifer Roberts



PRESIDENTKari L. Stephens

PRESIDENT-ELECTKimberly Buchanan


EXECUTIVE BOARD MEMBERSJohn P. AldrichTami D. CowdenNedda GhandiJames E. HarperCatherine M. MazzeoKimberly R. McGheeMacaire K. MoranMariteresa Rivera-RogersJennifer RobertsHon. Susan ScannJason Stoffel


© G



s | D





VOL. 34, NO. 12

Clark CountyBar Association


4 Clark County Bar Association December 2013 – COMMUNIQUÉ

Attorney listings are exclusive to attorney members of the Clark County Bar Association with registration. Payment is required to participate in this premium, online directory service. The Google AdWords campaigns are included in the subscription price and do not use the attorneys’ names.


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Steph Abbott, Clark County Bar Association(702) 333-2270 or [email protected]

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Get found by potential clients!As consumers search online using key words and terms, they may click ads directing their browser to the website ClarkCountyLawyer-Finder.com.

Listings are available in these categories:• Adoption and Surrogacy• Bankruptcy, Debt and Consumer Law• DUI/Criminal and Traffic Defense• Education, School and Government Law• Employment and Labor Relations• Family Law and Divorce• Immigration and Visas• Injury and Accidents• Lawsuits and Appeals• Malpractice• Probate, Estate and Elder Law• Real Estate and Housing Law• Small Business Law and Litigation• Social Security and Veterans Benefits• Workers’ Compensation


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Andrew M. Cash, M.D. ..................................32Ara Shirinian Mediation ...............................16Bank of Nevada ............................................17City of Las Vegas Downtown Cultural Series .12Clark County Lawyer Finder .......... 4, 10, 21, 24Cotton, Driggs, Walch, Holley,Woloson & Thompson ..................................31Esquire Deposition Solutions ..........................2Gerald I. Gillock & Associates ..........................9Hutchison & Steffen ..................................... 11JAMS, The Resolution Experts .....................19Jeffrey Burr, LTD .............................................7Las Vegas Legal Video ..................................29Las Vegas Wranglers Hockey ........................23Meier & Fine, LLC ..........................................22Neeman & Mills PLLC ...................................21Portraits to You ............................................30Prudhomme Law Office ...............................18State Bar of Nevada ......................................28Thomas & Mack Development Group ...........30Witherspoon Security Consulting ...................9

January 2014 – Five Things* February 2014 – Pro BonoMarch 2014 – Criminal LawApril 2014 – The TrialMay 2014 – Estate Planning & ProbateJune/July 2014 – Business LawAugust 2014 – Immigration LawSeptember 2014 – Medical Malpractice LawOctober 2014 – Judicial Election PreviewNovember 2014 – Eminent DomainDecember 2014 – Legal TrendsNotes: The deadline for insertion of all final, ap-proved articles, news, and ads is the 1st of the month preceding cover. Space reservations are encouraged at least two months in advance. The editorial cal-endar may change without notice at any time. The June/July issue is published in June. There is no pub-lication released in July.

*The January 2014 will see an increased circulation, due to the use of a larger mailing list.

Advertisers Index

Editorial Calendar

Advertising space available for announcements of professional achievements, goods, and services. Rates and specs available at www.clarkcountybar.org or upon request. Complimentary ad design available to members of the Clark County Bar As-sociation. Contact: Steph Abbott, (702) 333-2270 or [email protected]

Advertising Opportunity


5COMMUNIQUÉ – December 2013 Clark County Bar Association

Thanks for a Great 2013

A Message From the President

By Kari Stephens

If anyone had told me that my year as CCBA President would pass by this quickly, I would not have believed

it. It seems like just yesterday that the incoming Executive Board was taking their oath of office during our annual Volunteer Appreciation Luncheon in January. Since that time, the CCBA has hosted a number of well-attended luncheons at fine dining restaurants, providing our members with oppor-tunities to gather together with col-leagues and hear presentations made by an array of distinguished speakers. This year’s Meet Your Judges Mixer held at the Four Seasons continued its tradition as the CCBA’s highlight net-working event.

I cannot even begin to describe how honored and proud I am to serve as President of this remarkable Asso-ciation and to be in the company of the worthy individuals that make up the CCBA. I have had the pleasure of working alongside a dedicated and active Executive Board. The diverse talents that each Executive Board Member brings to the table are of im-measurable benefit to the Association. I am continually inspired by the depth of the drive and devotion exhibited by the Executive Board Members toward the goal of improving the Association. I am excited that the CCBA will be welcoming a new Member-At-Large to join the Executive Board beginning in 2014.

The continued success of the As-sociation is in large part due to the on-going contributions of our very own CCBA staff. Our Operations Manager, Donna Wiessner, and Communica-tions Coordinator, Steph Abbott, are

tireless and hard-working individuals who never cease to demonstrate their unwavering commitment to making the CCBA the best that it can be. Their efforts and steadfastness in handling the day-to-day operations of the Asso-ciation are the infrastructure of a flaw-lessly functioning organization that exists and endeavors to serve the needs of its members. The CCBA could not ask for a more loyal and accomplished staff.

Although I will soon be hand-ing over the reigns to incoming CCBA President, Kimberly Buchanan, I am grateful for the experience I have gained over the past year. I look for-ward to continuing on as a CCBA member under Kimberly’s leadership and watching the Association contin-ue to grow and prosper. Before I sign off, I would like to once again encour-age members to get involved in CCBA activities, committees and events. Not only is CCBA involvement enjoyable, it can also be invaluable to your pro-fessional practice and fulfilling in your personal life. It has certainly afforded each of these benefits for me.

Kari Stephens is Of Counsel with Jeffrey Burr, Ltd., where she practices primarily in the areas of probate and trust. She serves as president of the Clark County Bar Association through December 2013. She encourages you to visit www.clarkcountybar.org.

Clark County Bar Association2013 Executive Board

Damon DiasSecretary-TreasurerDias Law Group

Kimberly A. BuchananPresident-ElectOffice of the NV Attorney General

John P. AldrichAldrich Law Firm, Ltd.

Kari StephensPresidentJeffrey Burr, Ltd.

Tami D. CowdenGreenberg Traurig, LLP

Nedda GhandiGhandi Deeter Law Offices

James E. HarperHall Jaffe & Clayton, LLP

Catherine M. MazzeoSouthwest Gas Corp.

Macaire K. MoranLas Vegas Sands Corp.

Kimberly R. McGheeProvident Trust Group

Jennifer RobertsLionel Sawyer & Collins

Mariteresa Rivera-RogersWright Stanish & Winckler

Jason StoffelRoberts Stoffel Family Law Group

Hon. Susan ScannEighth Judicial District Court, Dept. 29

Special Event!

CCBA President’s Luncheon& Annual MeetingThursday, December 12, 2013Details on page 8.


6 Clark County Bar Association December 2013 – COMMUNIQUÉ

Member Moves

Bar BriefsBarBriefs

This is a calendar of events and legal news for the southern Nevada legal community:

• Dec. 1: Deadline for Communiqué (January)• Dec. 3: Publications Committee Meeting • Dec. 3-4: Constable Mark Walsh Visits from England• Dec. 5: NSC Public Hearing (Re Amendments to fore-

closure mediation program rules)• Dec. 5: NSC Public Hearing (Re pilot program for

civil proper person appeals)• Dec. 6: LACSN Pro Bono Luncheon• Dec. 10: EJDC Civil Bench Bar Meeting • Dec. 10: Trial By Peers Court Night• Dec. 11: CLE Seminar (The Disease of Addiction)• Dec. 12: CCBA Executive Board Election• Dec. 12: Bar Luncheon & Annual Meeting • Dec. 13: CLE Seminar (10th Annual Ethical Issues)• Dec. 16: Trial By Peers Committee Meeting• Dec. 18: CLE Seminar (Sports Law)• Dec. 19: Family Bench Bar Meeting• Dec. 20: Downtown Cultural Series Performance• Dec. 27: Deadline for Website (January)• Jan. 2: Deadline for Communiqué (February)• Jan. 6: Judicial Candidate Filing Opens• Jan. 16: Volunteer Appreciation Luncheon• Jan. 17: Downtown Cultural Series Performance• Jan. 17: Judicial Candidate Filing Closes • Jan. 21: Community Service Committee Meeting • Jan. 27: Trial By Peers Committee Meeting• Jan. 30: Family Bench Bar Meeting• Ongoing: Open enrollment for Clark County Law-

yer Finder

All dates, locations, events details are subject to change without notice. Dates in red are official CCBA events. Visit www.clarkcountybar.org for more information. “Bar Briefs” is available as a weekly, e-mail format. Subscribe at www.clarkcountybar.org or contact Steph Abbott at (702) 387-6011 or [email protected].


David G. Alleman is now chair of the transactional department at Marquis Aurbach Coffing. Phone: (702) 207-6093. E-mail: [email protected].

Linda M. Bullen was elected to a three-year term as a member of the governing Board of Regents of the American College of Environmental Lawyers (ACOEL).

Maximiliano Couvillier III has been elected Presi-dent of the Board of Directors of the Legal Aid Center of Southern Nevada.

In September, Eighth Judicial District Court Judges Kathleen Delaney, Elizabeth Gonzalez, Mark Denton, Nancy Allf and Susan Scann attended the Ninth Annual Meeting of the American College of Business Court Judges held at George Mason University in Fairfax, Virginia.

The Las Vegas office of Lipson Neilson Cole Seltzer & Garin, PC have relocated to 9080 West Post Road, Suite 100, Nevada, 89148-2419. CCBA members at the firm are John W. Ebert, Joseph P. Garin, Jeffrey T. Neilson, Shannon D. Nordstrom, and Phillip E. Seltzer.

Robert Faiss was honored with a special award from the International Association of Gaming Advisors.

Matthew W. Hoffmann has joined Atkinson & Wat-kins, LLP as a partner. He can be reached at 10789 W. Twain Avenue, Suite 100, Las Vegas 89135. Phone: (702) 562-6000.

Brianna F. Issurdutt is now associated with Solomon Dwiggins & Freer, Ltd., 9060 W. Cheyenne Ave., Las Vegas, 89129. Phone: (702) 853-5483. Fax: (702) 853-5485. E-mail: [email protected].

Moving? Changing firms? Let CCBA know.E-mail [email protected]

Want to receive “Bar Briefs” via e-mail?E-mail [email protected]


7COMMUNIQUÉ – December 2013 Clark County Bar Association

Court Changes

Court Changes continued on page 9

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Kari Stephens on a successful year as president of the Clark County Bar Association.

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Las Vegas Justice Court Clarifies Applicable Dates for New Traffic Procedures

The Las Vegas Justice Court has begun utilizing a “rolling” three-year review period relating to driver histo-ries. During the last Traffic Bench-Bar Committee meeting, Chief Judge Karen Bennett-Haron explained that the roll-ing three-year review period began on September 28, 2013. Thus, if a defendant received a traffic citation prior to that date, the particular citation will not be counted in the roll-ing three-year review period by a referee, and the particular citation will not be subject to mandatory Traffic School be-fore the referee. If the defendant received a traffic citation on or after that date, the particular citation will trigger the new requirements relating to Traffic School, and that citation will also be counted and will affect the disposition of future traffic tickets within the rolling three-year review period.

Michael J. Lemcool can now be reached at PO Box 33358, Las Vegas, NV 89133. Phone: (702) 629-1913. E-mail: [email protected].

Glenn Meier has relocated Meier & Fine, LLC to 2300 W. Sahara Ave. Suite 1150, Las Vegas, 89102. Phone, fax, and e-mail remain the same.

Ed Mulholland is now Vice President and Deputy General Counsel for MGM Resorts International. He can be reached at 3950 Las Vegas Boulevard South, Las Vegas, 89119-1005. Phone: (702) 632-9779. Fax: (702) 632-9797. E-mail: [email protected].

David H. Neely, III moved his office to 3520 East Tropicana Avenue, Suite D-1, Las Vegas, 89121. Phone and fax numbers remain the same.

Laura J. Thalacker was appointed the Regional Vice Chair for North America of the Lex Mundi Global Labor and Employment practice group.

Connie Valentine has joined the Law Office of Brian D. Shapiro, LLC. Phone: (702) 386-8600. E-mail: [email protected].

John P. Witucki is now Deputy Attorney General for the Transportation Division in the Office of the Nevada At-torney General. He can be reached at 555 East Washington Avenue, Suite 3900, Las Vegas, 89101. Phone: (702) 486-3149. Fax: (702) 486-3773. E-mail: [email protected].


8 Clark County Bar Association December 2013 – COMMUNIQUÉ

December Bar Luncheon

� Check or money order is enclosed; or � I authorize the CCBA to charge my credit account (circle one):

AMEX Mastercard VISA

PRICE: $40/CCBA Member; $45/Non-Member


Submit RSVP with payment to: Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125FAX: (702) 387-7867 PHONE: (702) 387-6011Do NOT e-mail credit card info.

$ Amount of payment enclosed


k County

Bar Associatio


CCBA’s Luncheons are proudly sponsored by:

Clark County Bar Association

President’s Luncheon& Annual Meeting

Take a break. Catch up with colleagues. Support your local bar.


�Filet Mignon �Chicken Christopher �Pasta Primavera


Bar # Phone # Fax #


Firm Name


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Doors open at 11:30 for luncheon check-in.RSVP with payment by Friday, December 6, 2013.

Thursday, December 12, 201312:00 to 1:15 p.m.

Morton’s The Steakhouse, 400 E. Flamingo Road, Las Vegas

Name of card holder:Credit Card #:Expiration date: Phone:Signature:

Special Event

Please note the extended time format.

A special presentation byNevada Supreme Court JusticeJames W. Hardesty

Offers 1 general CLE credit!

The Need for a Court of Appeals

12:15 to 1:15 p.m.

Join CCBA President Kari Stephens as she welcomes a special presentation from Nevada Supreme Court Justice James W. Hardesty and holds the election for the CCBA Executive Board!

Election ballots will be collected at this event. Election information, absentee affidavits, and ballots are available at www.clarkcountybar.org.


9COMMUNIQUÉ – December 2013 Clark County Bar Association

Court Changes continued from page 7In an effort to ease the transition into the new traffic

procedures, the court has determined that three additional changes will be made:

(1) The court previously provided notice to attorneys about changes relating to the walk-in attorney sessions held on Tuesday and Thursdays. On November 5, 2013, the new scheduling requirements for these sessions will become ef-fective. However, the referees will not be applying the rolling three-year review period as discussed above until December 4, 2013.

(2) “Bulk” attorney sessions are conducted on Wednes-days for attorneys who have 100 or more traffic tickets to be processed. Several attorneys scheduled bulk sessions for fu-ture dates before they were notified about the effective date for the rolling three-year review period. Therefore, the court has determined that bulk attorney sessions scheduled on or before December 4, 2013, will be subject to existing stan-dards, and bulk attorney sessions scheduled after that date will be subject to the new Traffic Procedures.

(3) The court previously indicated that certain tickets may not be addressed by referees:

(A) If the defendant has 3 or more historical war-rants on one traffic citation; or

(B) If the defendant has 3 or more active warrants

across multiple citations.The court previously indicated that defendants who

implicate these categories would have all their citations im-mediately diverted from the referees and would be required to appear before Judge Kelley in Courtroom LLB.

This change will not go into effect until December 4, 2013.

Any questions about these policy changes can be ad-dressed to Staff Attorney Joe Tommasino at (702) 671-3424 or via e-mail to [email protected].

Clark County Courts’ E-Filing System OnlyAccepts PDF Format

Effective November 1, 2013, the Odyssey File and Serve system for the Clark County courts only accepts document submissions in a PDF format. For more information, contact Tyler Technologies at 1-800-297-5377.

Clark County Court Alerts Community about a Jury Service Scam

On October 18, 2013, the Eighth Judicial District Court announced news of a possible scam related to jury service. The perpetrators were falsely identifying themselves as law

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Court Changes continued on page 10


10 Clark County Bar Association December 2013 – COMMUNIQUÉ

CLE Calendar


The Clark County Bar Association’s seminars are de-signed to educate and offer continuing legal education credit (CLE) for Nevada attorneys. The seminars are produced by members of the CCBA’s CLE Committee. The following schedule is for live seminars:

The Disease of AddictionDate: Wednesday, December 11, 2013Time: 12:00 to 1:00 p.m.Location: CCBA, 725 South Eighth StreetSpeaker: Mel Pohl, MD, FASAMCredit: 1 Substance Abuse CLE CreditProducer: Stephen Smith, Esq.

The Need for a Court of AppealsDate: Thursday, December 12, 2013. Presentation held during CCBA’s President’s Luncheon and Annual Meeting.Time: 12:15 to 1:15 p.m.Location: Morton’s The Steakhouse, 400 E. Flamingo Road, Las VegasSpeaker: Nevada Supreme Court Justice James W. HardestyCredit: 1 General CLE CreditRSVP: Friday, December 6, 2013

10th Annual Ethical Issues Date: Friday, December 13, 2013Time: 1:00 to 3:15 p.m.Location: CCBA, 725 South Eighth StreetSpeakers: Dennis Kennedy, Esq., Bailey Kennedy, LLPCredit: 2 Ethics CLE Credits

Recorded seminars are available for rent or purchase. Contact CCBA at (702) 387-6011 for a list of available titles from the audio/visual library. CCBA’s CLE program is spon-sored by the Bank of Nevada and Depo International.

Court Changes continued from page 9enforcement officers phoning Clark County citizens claim-ing that an arrest warrant has been issued against them for failure to appear for jury service. The scammers then offered to dismiss the warrant for a sum of money.

In their press release, the court stated that the phone calls

…were not coming from court officials, nor are the calls authorized or in any way approved by the court.  Residents are advised not to disclose any personal information to such callers and should report the matter to law enforcement of-ficials for investigation. A key red flag is the re-quest for money. No official representatives of the court will call to solicit money for any purposes.

Information about jury service can be found at http://www.clarkcountycourts.us/ejdc/juror-information/index.html. For more information, contact Eighth Judicial Dis-trict Court Information Officer Mary Ann Price at [email protected] or (702) 671-4534.

U.S. District Court Welcomes the Honorable Jennifer Dorsey

On Tuesday, November 12, 2013, the Honorable Jen-nifer Dorsey, United States District Judge District of Nevada was sworn in to office. The formal investiture ceremony was held in the Reynolds Hall at The Smith Center for the Per-forming Arts in Las Vegas.

• Offers 10 pages per subscription• Offers two practice area categories• Offers several sub-categories• Links to firm’s website• Monthly or annual subscription plans available• Multiple exposures, spot promos included• Includes CCBA’s Google AdWords campaigns• No additional costs• No set-up fees• No cancellation fees Clark County Bar Assn.

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11COMMUNIQUÉ – December 2013 Clark County Bar Association


12 Clark County Bar Association December 2013 – COMMUNIQUÉ

Free lunch and entertainment!Open to the public.


k County

Bar Associatio


About theDowntown Cultural SeriesThe “Downtown Cultural Series” performances are held monthly through May 2014 inside the Carol Fitzgerald Jury Assembly Room at the Lloyd D. George U.S. Courthouse located at 333 Las Vegas Boulevard South.

Admission to attend the event as part of the audience is free and open to the public. The performers take the stage at noon and gener-ally finish by 1:00 p.m. There is a light lunch buffet available for all to enjoy during the event.

Performances vary and can include music, dance, and drama. The scheduled performers are subject to change without notice. Perfor-mances are listed at http://www.artslasvegas.org/.

The series is produced by the City of Las Vegas’ Office of Cultural Affairs with cooperation by the Lloyd D. George U.S. Courthouse.

Public Performance at Community Event The Clark County Bar Association arranges the appearance of speaker to address the audience before the City of Las Vegas’ concerts at the federal courthouse.

Participation is limited to members of the Clark County Bar Association who are Nevada attorneys or judges during the year of the performance.

Volunteers Speak to General Public about General Legal IssuesThe speaking engagement is limited to a few minutes in length at a very specific time—11:50 a.m. The speaker must be done by 11:55 a.m.

The brief format of the event allows for a two to three minute presentation. The topics of pre-sentation are subject to approval and should be restricted to general legal matters. The content should not be an advertisement for a law practice or election campaign.

There is no charge for the attorney to participate with appearances limited to once per season.

Get Involved!To find out which dates on the performance schedule are still available and to volunteer, contact Steph at the Clark County Bar Association, 702-387-6011 or [email protected].

Downtown Cultural Series

Lloyd D. George U.S. CourthouseCarol Fitzgerald Jury Assembly Room

333 Las Vegas Boulevard South, Las Vegas, Nevada

September 20, 2013October 18, 2013November 15, 2013December 20, 2013January 17, 2014February 21, 2014March 21, 2014April 18, 2014May 16, 2014

Performance Schedule

Volunteer Speakers Needed!


√Speaker already scheduled.

Suggested Topics:Nevada courts, programs

Local legal resources

Jury and jury service

Elder law issues

Judicial selection process

Foreclosure mediation

Alternative dispute resolution

Jurisdiction and practice before a

local, state, or federalcourt



13COMMUNIQUÉ – December 2013 Clark County Bar Association

News & Notes

Clark County Bar Provides Opening Act to Downtown Cultural Series

Through the fall and spring, the City of Las Vegas’s Department of Cultural Affairs hosts the “Downtown Cul-tural Series” at the Lloyd D. George U.S. Courthouse. Before the perfomers take the stage, the audience hears briefly from a member of the legal community.

Recent speakers include attorneys Nedda Ghandi and Augusta Massey. For more information about the series, see ad on page 12.

Clark County Law Foundation Welcomes New Leadership

On Monday, September 23, 2013, the Clark County Law Foundation (CCLF) welcomed Patrick Montejano as the new program director. CCLF is a 501(c)(3), non-profit charitable organization that serves to support law-related programs that benefit the local community. Patrick will provide financial oversight and lead-ership for the juvenile diversion program, Trial By Peers™ as well a myriad of community service proj-ects produced by the Clark County Law Foundation.

I am excited to be part of a successful founda-tion that has been part of the Clark County land-scape for almost two decades, declared Patrick. I believe the longevity of the foundation is attrib-uted to the continued support of our community partners, dedicated staff, and the many volun-teers that are dedicated to providing commu-nity service and law-related education programs throughout southern Nevada.

CCLF President Karl Nielson welcomed Patrick,we are pleased to have Mr. Montejano join CCLF. Patrick brings to the position a proven ability in non-profit management and a proven track record in expanding social service programs in Clark County.Patrick Montejano received his Bachelor of Arts in

Government with an emphasis in Public Administration

News& Notes

Downtown Cultural Series (l-r): Attorney Nedda Ghandi met Senior U.S. District Court Judge Lloyd D. George after her presentation at the Downtown Cultural Series presentation.

Downtown Cultural Series: Attorney Augusta Massey addressed the audience about consumer debt counseling.

News & Notes continued on page 14

Downtown Cultural Series (l-r): L-Ikera Retzloff and Sheetal Survase from the Clark County Law Foundation met U.S. District Court Judge Cam Ferenbach.


14 Clark County Bar Association December 2013 – COMMUNIQUÉ

News & Notes continued from page 13from Eastern Washington University in 2001. At EWU, Patrick was employed by the Chicano Education Program and EWU Freshman Orientation Program. With the pro-gram, Patrick traveled to rural high schools to promote post-secondary education to first generation students. In 2002, Patrick was employed with the American Cancer Society promoting cancer awareness and raising funds for cancer research. Patrick raised over $300,000 to help the fight against cancer and served on planning committees to promote early detection. In addition, he provided support to cancer patients that were facing breast and prostate cancer. In 2004, Patrick moved to Ft. Mohave, AZ and joined Ari-zona’s Children Association as a Program Supervisor for the Healthy Families of Arizona program. In this capacity, he provided individual and family service plans for its clients. In 2007, Patrick moved to Las Vegas and joined Lutheran Social Services of Nevada as their Emergency Food and Ser-vices Program Manager and was promoted to Director of So-cial Services in 2008. As Director of Social Services, Patrick oversaw all programmatic services of the agency, including the management of grant applications, and the training and evaluation of program staff.

On Tuesday, November 12, 2013, Sheetal Survase joined the staff as the Community Programs Assistant. She assists the Program Director and Com-munity Relations Coordinator with fa-cilitating the Trial by Peers and other community service programs. She has an academic background in public policy and several years of experience working with non-profits across the Asia-Pacific and the United States.

The CCLF Board of Trustees has had a few changes during the 2013 calendar year. Trustee Karl Nielson was el-evated to president after the departure of former president and long-time supporter Marti Ashcroft, Esq. Serving on the advisory board with Nielson are officers Mary Chap-man, Esq., Secretary; and Ethan Kent, CPA, Treasurer. The officers have been joined by trustees Kathleen Smith and Elizabeth S. Ashley, Esq. For more information, contact Pat-rick Montejano at (702) 333-8277 or [email protected].

Local Legal Community Supports Boyd Law School’s Annual Client Counseling Compe-tition

On November 1 and 2, 2013, the William S. Boyd School of Law held its 15th Annual Client Counseling Com-petition. The competition provided law students with the

opportunity to test their interview skills with potentially difficult clients. The Client Counseling Competition tested their ability to:

• Establish effective relations with the client in a short interview;

• Analyze the client’s problem;• Assess relevant facts from irrelevant information;• Learn the client’s goals and expectations;• Recognize potential moral and ethical conflicts;• Develop alternative solutions to the client’s prob-

lem;• Assist the client in understanding and making in-

formed choices among possible courses of action;• Effectively conclude the interview.

This year’s event featured 60 student competitors grouped in teams of two for the preliminary, semi-final, and final competition rounds. The winning teams were:

• First Place: Stephen Davis & Gil Kahn• Second Place: Cameron Busby & Brian Terrell• Third Place: Dawn Nielsen & Brandi Loffer

Director of the Saltman Center for Conflict Resolution and Saltman Professor Jean R. Sternlight noted,

[T]hat the second place team, Cameron and Brian, is eligible to represent Boyd at the ABA Regional Competition that will take place in mid-February at Santa Clara University. The first place team will represent Boyd at the regional in spring 2015. (As 1Ls the first place winners are not eligible to compete in a regional competition this year).For this competition—and the past 14 competitions—

the CCBA’s New Lawyers Committee has organized mem-bers of the local legal community to volunteer at the events. Volunteers are needed to judge or to act as clients during the competition.

New Lawyers Committee Co-Chair Kelly Stout stated, “I want to extend a huge thank you to all of the people who gave up part of their weekend and volunteered as clients and judges at the Client Counseling Competition at Boyd[.]”

Volunteers at this year’s competition included:Michelle AlarieDerek ArmstrongJae BarrickTravis Barrick Margo Chernysheva Geraldine CowdenRobert DeNinnisShirley DerkeMiguel Escobar

Andrea GandaraElias GeorgeJennifer GolanicsCheryl GramesJulian GregoryBecky HansenSophia Long HerreraMark HinueberKen Hogan


15COMMUNIQUÉ – December 2013 Clark County Bar Association

Volunteer and attorney Joslyn Shapiro from Olson, Cannon, Gormley, Angulo & Stoberski, PC acted as a client during the competition. She said, “I think this is a wonder-ful opportunity for law students to develop skills that they will be using in practice as well as to interact with and ob-tain feedback from local attorneys.”

CCBA members are regularly encouraged to provide legal services pro bono when and if possible. While some may not be able to take on private clients, Nevada attorneys can count their time judging the law school competitions as time spent towards their aspirational goal outlined in NRCP 6.1.

The CCBA New Lawyers Committee will be organiz-ing volunteers for two more events at Boyd Law School this spring—the in-House Counseling Competition and the Moot Court Competition. Competition dates and details will be announced in an upcoming edition of the Commu-niqué and online at www.clarkcountybar.org. Attorneys and judges who would like to volunteer at any of the competi-tions can contact Kelly Stout at (702) 853-0759 or [email protected].

2013 Client Counseling Finalists (l-r): First place team members Stephen Davis and Gil Kahn with third place team members Brandi Loffer and Dawn Nielsen; and second place team member Cameron Busby.

2013 Client Counseling Competition Volunteers (l-r): Attorney Ken Hogan from Gordon Silver, paralegal Becky Hansen from the Federal Public Defender’s office, and attorney Derek Armstrong from Arlint and Armstrong.

Mike HorvathIan HoustonKerstan HubbsJohn HolidayJanice JacovinoCathy KamaMatthew KnepperI-Che LaiJason LatherFatma MaroufMacaire MoranNadine MortonJoanna MyersAlia NajjarDaniel L. O’Brien

Jason PeckJessica PerlickNikita PierceAnthony SassiSepi SayednaChad SchatzleJoseph ScaliaTenesa ScaturroChristine SmithJoslyn ShapiroGloria SturmanChristoper WaltherAmber White-DavidsonAlejandro Yanez

2013 Client Counseling Semi-Finalists (l-r): Candice Barker, Cameron Busby, Ena Licina, Michael Alires, Rochelle Boecker, Brian Terrell, Shannon Clark, Eric Acuario, Ty Maynarich, Anaeita Biesiada, and Elizabeth Do.


16 Clark County Bar Association December 2013 – COMMUNIQUÉ

There is nothing quite like striking out on your own and forming a new firm. But in their enthusiasm to do so, some lawyers forget to pay attention to details.

I know this, because some of them later become my clients. What follows is a discussion of some problems that I have seen—over and over again.

1. “I’m outta here. Who’s going with me?”Most small firms and solo practitioners start some-

where else—often at another law firm. Their departure car-ries with it a host of ethical issues. These include:

• Job negotiations. Can a lawyer discuss prospective employment with a law firm to which the lawyer is ad-verse in a pending matter?

• Notice to clients. What are the soon-to-be former firm’s clients told about the lawyer’s departure, and who decides what will be said?

• Access to files. Does the departing lawyer have ac-cess to client files? To the lawyer’s own work product?

• Solicitation of clients. Can the departing lawyer so-licit clients of the former firm, and if so, when?

• Solicitation of prior firm’s employees. Can the de-parting lawyer solicit the prior firm’s employees, and if so, when?

• Fees for unfinished business. When a lawyer leaves a firm and takes a client, is the departing lawyer en-titled to the fees earned from the client in the future?

• New firm conflicts. Can the departed lawyer appear adversely to his former firm in a matter on which he was previously involved?

Each of these issues must be addressed by a lawyer who contemplates leaving an existing firm. The follow-ing resources will be very helpful if the reader is in that situation. ABA Formal Ethics Opinion 99-414: Ethical Ob-ligations When A Lawyer Changes Firms (9/8/99); Alan D. Freer, “Lateral Hires: A Primer To Minimizing Imputed Disqualification”; Nevada Lawyer, p. 10, March 2013; Shawn M. Harpen and Paul Hejmanowski, “Unfinished Business,” Nevada Lawyer, p.6, March 2013.

2. “But where will I go?”The first stop for many departing lawyers is shared

space, with other lawyers, other law firms, or non-lawyers. This is permissible, but presents a host of issues, including:

• RPC 7.5. Professional Independence. You cannot imply that everyone in the office is a member of one firm. Each lawyer’s/firm’s identity must be maintained and represented separately.

Solo and Small Firm Ethics TrapsBy Dennis L. Kennedy

Ethical Traps continued on page 18

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• RPC 1.6. Confidentiality. The use of shared space, equipment and employees cannot be permitted to breach client confidentiality.

• RPC 1.5. Sharing Fees. If lawyers sharing space de-cide to work together or refer clients to one another, care must be taken to comply with the rules governing the division of fees among lawyers.

• RPC 5.5. Unauthorized Practice. Lawyers who share space with non-lawyers must take care that the arrangement does not give the appearance of a multi-disciplinary business, or worse, enable the non-lawyers to hold themselves out as being affiliated with lawyers.

3. “How do I get their attention?”The Nevada Supreme Court recently amended the

Nevada attorney advertising rules (RPC 7.2, 7.2A and 7.3). ADKT No. 445, filed 11/13/12. These amendments signifi-cantly changed the rules for advertising fees, the require-ments for disclaimers, statements of past results, and target-ed mail to potential clients. If you are going to advertise, you have to know these rules. A good place to start the pursuit of knowledge is the article by Glenn Machado, Assistant Bar Counsel, in the Nevada Lawyer, January 2013.

4. “How far is too far?”Lawyer web sites and blogs can be deemed to be ad-

vertising. A lawyer who blogs (boasts) about past successes is engaging in commercial speech and is subject to the Bar’s advertising rules. Hunter v. Virginia State Bar, 285 Va. 485, 495, 744 S.E.2d 611 (2013). Be careful what you put on Face-book.

5. “Sign ‘em up.”Once attorney and client have agreed upon the engage-

ment, a retainer agreement should be executed by the par-

ties. This is mandatory in contingent fee cases (RPC 1.5(c)), but should be done in every case. The retainer agreement does many things. It –

• Identifies the client. Do you represent the share-holders, the officers, the directors, the corporation?

• Limits the scope of the engagement. You were en-gaged to sue and recover damages for personal inju-ries. Does that include resolving liens of healthcare providers? Giving tax advice as to the recovery?

• Multiple clients. Are you representing several cli-ents in the same matter? Do they need to consent to or waive potential or existing conflicts? What if a conflict arises in the future – for example, where multiple cli-ents have different settlement demands?

• Non-payment of bills. What happens if the client does not fulfill the client’s obligations – for example, fails to pay the bill? Can you withdraw? How long does the bill have to go unpaid? Who gets the file? What forum will decide the fee dispute?

A good retainer agreement will cover all these points, and more.

6. “Let ‘em go.”When the engagement is concluded, it is important to

memorialize the conclusion in a disengagement letter. Noth-ing fancy; just a letter stating that the matter has concluded, that the attorney-client relationship has ended and that the attorney has no further obligations to the client regarding advice on the matter. This does two things:

• It precludes the client from making future claims that the lawyer failed to give advice on something which occurred after the conclusion of the matter.

• It makes the departing client a “former client” (RPC 1.9) for conflict purposes, instead of a “current client” (RPC 1.7).

In sum, starting a new law firm is exhilarating. I know the feeling. Keeping these issues in mind will make your solo/small-firm life easier.

Dennis L. Kennedy labored for many years in the vineyards of a large-firm. He now tends the vines on a much smaller estate (Bailey˜Kennedy) where he advises many solo and small-firm practitioners. This article is adapted from the CLE presentation made by the author and David Mer-rill to the CCBA on May 8, 2013. If the reader wants copies of any of the materials referenced in this article, please e-mail Mr. Kennedy at [email protected].

Ethical Traps continued from page 16


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633 Fourth Street, Suite 9, Las Vegas, NV 89101

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19COMMUNIQUÉ – December 2013 Clark County Bar Association


20 Clark County Bar Association December 2013 – COMMUNIQUÉ

By James W. Claflin, Jr.

Opening a law firm with only one lawyer can be a risk worth taking for those with some pluck and entre-preneurial spirit. But successfully launching the solo

practice requires more than simply finding a place to hang out a shingle.

1. Location.Today’s market for office space in Clark County offers

many options, from building out your own office (as owner or tenant), to leasing an executive office (with shared recep-tionist and support services), to leasing a virtual office (with only a physical mailing address). Before choosing an office location, consider the following questions: Is this office (i) affordable? (ii) easy to find and convenient for the client base? (iii) close enough to courthouses? (iv) likely to gener-ate foot traffic? (v) available with a flexible term of tenancy? Answer these questions to narrow your search.

2. Client service.Lawyers tend to eat, drink, and sleep the law, but no

matter how brilliant the lawyering may be, we must also ef-fectively engage with our clients. Set and follow high client-service standards. Be personable and genuine. Commu-nicate well. Use plain English and tend toward explaining more not less. Give your clients genuine access to you. Reply to messages within 24 hours without fail. Let courtesy and respect to clients and colleagues be your competitive advan-tage. We have many courteous and respectful lawyers in Clark County—always be numbered among them.

3. Finances.Keep your monthly overhead as low as reasonably pos-

sible and then allow it to increase as the practice grows. Bud-get for everything. Establish and scrupulously maintain an IOLTA (trust account). Collect evergreen retainers from cli-ents. Spell out your collections and client-termination poli-cies in your written fee agreement and then have the cour-age to ethically fire those clients who fail or refuse to pay as agreed.

Launching the Solo Law Practice: Ten Tips to Get It and Keep it Off the Ground

4. Technology.Smart phones, laptops, tablets, websites, social media,

e-facsimiles, videoconferencing, case/practice management software – everything exists to help ensure the efficiency and success of a solo law practice. Research and select the best equipment that you can afford. Encrypt and backup your data. Always use secure servers whether in the cloud or in your own office. See the ABA’s online Legal Technology Resource Center for more information.

5. Human resources.Being a solo does not have to mean being alone. To

keep you focused on activities that require a law license, use good people to answer your phones, keep your books, and provide professional support services. These people will be part of the public image of your law firm and will become a part of your reputation, so insist that they know and prac-tice your high standards of client service.

6. Marketing/advertising.Develop your competitive advantage in the legal mar-

ket. First determine your market strengths, weaknesses, op-portunities and threats; next set your budget and objectives; then develop and execute a targeted, ethical marketing plan that clearly communicates your strengths. Here’s a rule of thumb for the first year of a solo practice: whenever dur-ing your workday you find you are not directly earning a fee working for a client, spend that time indirectly earning future business by marketing or networking.

7. Networking.Build and maintain strong relationships with other

business people and with lawyers you trust of all experience levels, both in and out of your own practice areas. Develop relationships with peers, colleagues, mentors, and protégés. Get involved. Go to seminars, luncheons, and community and bar activities. Routinely schedule lunches with your net-work. A solo’s network should become an invaluable source of support, insight, advice, friendship, and yes, referrals.


21COMMUNIQUÉ – December 2013 Clark County Bar Association

8. Risk management.Nevada lawyers who are not Bar-certified “specialists”

or “experts” under Nevada Rule of Professional Conduct 7.4 are not otherwise required by the State Bar of Nevada to car-ry malpractice insurance, but a solo lawyer would be crazy not to carry it. Before opening your doors, adopt and adhere to strict practices to avoid malpractice traps. Have a backup calendar for the firm’s main calendar. Create and maintain a database for conflicts checks. Use written checklists in each practice area and for each client matter so that you never omit anything. Your malpractice insurance carrier is a good source of additional tips on how to avoid malpractice pit-falls.

9. Professional development.Stay relevant. Stay ahead of annual CLE requirements.

Join your Bar practice sections and attend the free CLEs for section members.

10. Pro bono publico service.Owning a solo law practice provides the freedom and

flexibility to help enable access to justice for all. Volunteer for community Ask-a-Lawyer programs. Give pro bono ser-vice on a regular basis; always have at least one, active, pro bono case or matter. By financially screening and assigning deserving clients to volunteer lawyers, and by providing substantive training and support, agencies in Clark County such as Legal Aid Center of Southern Nevada and Nevada Legal Services make it easy to accept an engagement to rep-resent a deserving client in need of legal services consistent with the solo lawyer’s levels of comfort and competence.

James W. Claflin, Jr. has practiced law for over 22 years and in Nevada since 2005. He launched a solo family and business law practice, Claflin Law Ltd, in Las Vegas in 2011. To learn more visit www.ClafLaw.com.

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22 Clark County Bar Association December 2013 – COMMUNIQUÉ

Balance continued on page 24

“Here Mom!” My youngest daughter thrust a bright yel-low note into my hand. It was a notice for our parent-teacher conference, at 3:30 p.m. on a Tuesday. Don’t

these teachers realize people work? My office is 40 minutes away! Just because they are off, doesn’t mean we are off! I busily got to rearranging my calendar. Such is the life of a working parent; trying to balance the hours in each day be-tween having a successful career, raising a family, and en-joying life. The ultimate question is, can it be done?

If you were to look at everything society dictates we are to accomplish in a day, my life has never been “in balance.” Work ten hours! Make Partner! Eat five fruits and vegeta-bles! Read 20 minutes to your children! 10,000 steps! Call your mother! It’s exhausting and unrealistic. Over time, I’ve learned to expand my idea of what “balanced” means.

The practice of law is demanding and deadline driven. So is raising children. Even if I didn’t have children, I would have other outside interests, activities, and friends. Some days, it is impossible to have quality time with my family. I decided I needed to acknowledge the reality of my situation, and bring myself into balance. For me, that means not look-ing at a single day, but whether I am balanced over the course of a week, or a month, because depending on my workload, or what is happening with family or my kids, my priorities and needs will change. I run my own firm, and have three small children, who are busy with sports and school, and even though I have my husband to help me, my lifestyle just doesn’t allow a true balance. I, therefore, resolved that it’s really not so much “balancing,” as it is “juggling.”

So I juggle. Sometimes I’m “work heavy,” and some-times I’m “family heavy,” but in the end, I feel like I balance out. Here’s the method to my madness:

1. Triage.It’s a term usually used in the medical field which

means sorting patients according to the urgency of their need. I sort my cases and clients according to deadlines and attend to the most urgent ones first. After that, because there are only so many hours in a day, I really had to sit back and determine my priorities. My general categories are work, immediate family, extended family, friends and myself. I simply couldn’t give every category my 100 percent effort and get it all done, so I had to decide what mattered most. What I learned is that if I don’t take my kids to all seven birthday parties they were invited to on any given weekend, the world doesn’t stop turning. If we don’t participate in ev-ery fundraiser, my kids don’t get kicked out of soccer. On some nights, cereal is just fine for dinner. I may not win any mother-of-the-year award, but I’d hold my own in a cus-tody battle, and the important things are getting done. For the lesser important things, there is always tomorrow. I’ve dropped activities that really added no worth to my life. I’ve unsubscribed from email lists that I haven’t ordered from or got no real value from in the last year. I’ve learned to elimi-nate time wasting activities & distractions, which leaves more time for what’s important to me.

Work life balance—does it exist?By Stacy Rocheleau

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23COMMUNIQUÉ – December 2013 Clark County Bar Association


24 Clark County Bar Association December 2013 – COMMUNIQUÉ

Balance continued from page 222. Live and die by Outlook.With a busy practice and an active and social family,

this is a must for me. Every week, I look at what’s scheduled over the next three weeks. I calendar the most urgent issues first (see rule number one) and then build in less urgent work, family obligations and activities, and personal time around that. And it’s not necessarily in that order. If I’ve been “out of balance” with my girlfriends because I’ve been heavy on kid activities, I might schedule my friends in first. If I have a trial or an extra heavy workload, I might work late a few nights or over the weekend. If I have a light week, I might take advantage and kick off early one day. Each week I may need to juggle some things here and there to accom-modate for new priorities, but by constantly looking three weeks out, I’ve pre-planned enough to minimize or elimi-nate most emergencies. I book out time on my calendar for everything, from phone calls to prep time to actual appoint-ments. No one is allowed to schedule over it without ask-ing me first. If I don’t follow this rule, then someone else is in control, like my secretary, my clients, my husband or my kids, and I’ve learned I don’t like their idea of balance.

3. Buy back your time.I never hired domestic help until I was pregnant with

my twins and confined to bed-rest. What I discovered was that I could outsource my two hour house-cleaning chore for the cost of what it took me one hour to earn at work. I just bought myself an extra hour of time! My price point is $50 per hour, so if the charge for a task is $50/hour or less, I usually hire it out, unless it’s something that I really enjoy doing. I’ll pay more if it’s highly specialized project, such as an electrical issue, but generally, if my time is worth more than the task, I hire it out and then use that time to do other things that help balance my life.

4. Delegate and ask for help.I always thought that since my mom did everything

herself (and raised four children), that I could too. Later it dawned on me that my mom did not work outside the house! When I finally conceded I could not do everything alone, and asked for help, things got much easier. I use my assistant to check in with clients I can’t call back until the next day. My neighbor and I alternate car pooling from gymnastics. I am lucky to have a husband who is very involved with our girls. We take turns with homework, allowing each of us two nights off each week to go to happy hour, go to the gym, or even work late if that’s what the week demands. I also have a reliable sitter that I can call on to pinch-hit for me.

5. Leave work at work.I’m as guilty of violating this one as anyone else. Tech-

nology makes it all too easy to plug in, dial up, download and remote in, anytime, anywhere. I’ve been chastised by a client for not responding to her late night emails since she knows I can get it on my smartphone! Work will never be finished. That’s just the nature of work. There is always something more you can do. I decided to allow myself to schedule a quitting time each day, and when I’m done, I’m done. I’ve learned I’m a better mom, sister, friend, and wife when my nose isn’t buried in my laptop while trying to carry on a conversation. I’m also a better attorney because when I am working, I’m refreshed because I’ve had a break, and my attention is focused on work, not other things.

6. Get in touch with nature.The number of studies on the internet that suggest na-

ture resets our bodies is incredible. I started hiking and rock climbing, and there is really nothing more exhilarating than gripping onto the side of a cliff for dear life. In some small way, it puts the daily tasks of life into perspective; if I fall, nothing else really matters. You really don’t need to go to such extremes to gain the positive effects of the outdoors, though. Something as simple as walking in the grass in your bare feet can actually recharge your mind!

In the end, there probably is no such thing as true work-life balance. It’s more of a see-saw, just like the ones you played on when you were little. Sometimes you are up, sometimes you are down, and sometimes your partner jumps off and you crash to the ground. The trick was finding a good balance, where you were having a lot of fun. It’s really no different now.

Stacy Rocheleau is an attorney with Right Lawyers since 2001. Her practice is primarily dedicated to complex divorce and custody cases. She and her husband, Rock, have been married for over 20 years and they have 3 daughters.

• Offers 10 pages per subscription• Offers two practice area categories• Offers several sub-categories• Links to firm’s website• Monthly or annual subscription plans available• Multiple exposures, spot promos included• Includes CCBA’s Google AdWords campaigns• No additional costs• No set-up fees• No cancellation fees

Clark County Bar Assn.Steph Abbott

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25COMMUNIQUÉ – December 2013 Clark County Bar Association

Sports Law: Tarkanian vs. NCAA—Precedent Setting Legal Battles & Their Impact CLE Seminar


Wednesday, December 18, 2013 • 2:00 to 5:15 p.m.Clark County Bar Association, 725 S. 8th Street Las Vegas, NV 89101


This seminar offers 3 General CLE Credits

Sports Law:Tarkanian vs. NCAA—Precedent Setting LegalBattles & Their Impact

The CCBA CLEseminar program is sponsored by

Price: $75/CCBA Member$60/Legal Asst/UNLV Law Student Member$70/Legal Asst/UNLV Law Student Non-Member$135/Non-Member

RSVP To CCBA: Amount Enclosed: $

Name of card holder:Credit Card #:Expiration date: Phone:Signature:

Did you know that CCBA members can save money by using the CLE Passport? The CLE Passport provides admission to 12 CLE credit hours of CCBA CLE seminars for only $200! Get all the details from the CLE Passport order form available at at www.clarkcountybar.org. Or request the form to be sent to you via fax or e-mail. Call CCBA at (702) 387-6011 or e-mail Donna at [email protected].

Save $$with the CLE Passport!

Type of Payment: � I hold a 2013 CCBA CLE Passport and want to use it for this seminar.

So, I am not enclosing payment.

� I want to purchase a CCBA CLE Passport ($200) and use it for this seminar.

� Check or money order is enclosed

� I authorize the CCBA to charge my credit account (circle one): Mastercard VISA AMEX

Submit this form to: Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125 or FAX to (702) 387-7867. Want to call in payment? Call CCBA at (702) 387-6011.

NameBar # Phone # E-mailFirm NameAddressCity State Zip

PRODUCER:Marcus Risman, Esq. for CCBA’s CLE Committee

Danny Tarkanian, Esq.Daniel J. Tarkanian, Esq.

Samuel Lionel, Esq.Lionel Sawyer & Collins

Chuck Thompson, Esq.Charles E. Thompson Law Offices

Marcus Risman, Esq.Professor of Sports LawUniversity Utah College of Law

Learn what is covered in most sports law classes today. After a series of major cases heard in the Supreme Courts of the U.S.and Nevada, the practice of sports law provides for a unique arena. Join us to hear from our panelists—all of who had active roles in the legal cases—as they relate their perspectives and analyze the cases.


26 Clark County Bar Association December 2013 – COMMUNIQUÉ

2013 A Culmination of AccomplishmentsBy Chief Judge Jennifer Togliatti

From the Chief Judge of the Eighth Judicial District Court

The year 2013 is quickly coming to a close. It’s been a dynamic year and, through the cooperation of attor-neys, judges, and staff, we have made great strides.

District Court is still one of the busiest courts in the nation. Nearly 100,000 criminal, civil and family cases were filed this year in District Court. The high volume of cases and the constant fiscal pressure drive us to continue to strive to be more efficient and effective.

After years of careful strategic planning, patience on the part of attorneys and judges, streamlining processes, and maximizing space and efficiency, eight new courtrooms officially opened in January and have done much to improve access.

Also in January, District Court released Courtfinder, a free smart-phone app that puts the daily dockets in the palm of users’ hands. It is the first smart-phone app of its kind in the nation.

Incremental improvements were made to security op-erations throughout the year. In February, the south gate en-trance at the Regional Justice Center (RJC) was opened with limited access to ease congestion at the main security gate at the Regional Justice Center.

The transition to a paperless court in all civil and criminal case types achieved notable efficiency. The court implemented electronic processing of criminal bindovers, and Court Temporary Protective Orders and Juvenile De-linquency converted to paperless.

More than 375 specialty court participants graduated from drug, mental health, DUI, or veterans’ court, ultimate-ly improving community safety and saving significant tax dollars.

Hundreds of settlement conferences were held; many of which resulted in agreements that saved thousands of

hours of court time and taxpayer money.A Family Court pilot program doubling court hear-

ings, adding staff, and revamping calendars for child sup-port paved the way for significant improvements in child support collections. Clark County improved collections to surpass 13 states in the rankings after implementing the program. Family Court is also now number one in the na-tion for establishing paternity.

The Family Court judges implemented a 12-point plan that will achieve timely permanency for children in the fos-ter care system and is on track to complete 600 adoptions providing stable homes to children.

Hundreds of students were guided to stay in school and on track to a successful future through truancy pro-grams. Hundreds of students from elementary schools and high schools held mock trials, serving in courtroom roles in front of judges. The mock trials served to bring the law to life and make it interesting and relevant for the students.

These achievements are just a snapshot of what was accomplished in 2013. In June, the District Court received the prestigious Star Award for high performance from the executive board of the Nevada Association of Court Execu-tives (NACE). The criteria for selection include: creativity, innovation, high performance, positive contributions to the judiciary, and sound leadership.

The accomplishments of this year could not have been achieved without the cooperation of our outstanding legal community. I want to thank the bar for working with the court on expansion, conversion to electronic processes, and improving the delivery of justice. I appreciate and encour-age your input and suggestions for ideas to improve court operations. Please e-mail input to my executive assistant Rose Najera at [email protected] or call (702) 671-4395.

Hon. Jennifer P. Togliatti is in her second term as chief judge. In 2002, Governor Guinn appointed her to the Eighth Judicial District Court after serving since 1999 as Justice of the Peace for the Las Vegas Justice Court. In addition to her administrative responsibilities as chief, Judge Togliatti han-dles a criminal docket.

Want to write for the Communiqué?Learn how through the editorial policy!

Request one from CCBA at (702) 387-2270 ordownload it from www.clarkcountybar.org.


27COMMUNIQUÉ – December 2013 Clark County Bar Association

10th Annual Ethical Issues CLE Seminar

Price: $50/CCBA Member$30/Legal Asst/UNLV Law Student Member$40/Legal Asst/UNLV Law Student Non-Member$90/Non-Member

RSVP To CCBA: Amount Enclosed: $

Name of card holder:Credit Card #:Expiration date: Phone:Signature:

Type of Payment: � I hold a 2013 CCBA CLE Passport and want to use it for this seminar.

So, I am not enclosing payment.

� I want to purchase a CCBA CLE Passport ($200) and use it for this seminar.

� Check or money order is enclosed

� I authorize the CCBA to charge my credit account (circle one): Mastercard VISA AMEX

Submit this form to: Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125 or FAX to (702) 387-7867. Want to call in payment? Call CCBA at (702) 387-6011.

NameBar # Phone # E-mailFirm NameAddressCity State Zip

SEMINAR PRODUCED BY:Donna Wiessner for CCBA’s CLE Committee

• Rule 1.18: Duties to Prospective Clients.

• Litigation Finance: Who Pays the Costs?

• Representing Clients with Diminished Capacity.

• Future Conflicts Waivers.

• Attorneys’ Liens: Some Changes.

• Cloud Computing: Ethics and Privilege.

• Disqualifying the Disloyal Expert.

• Two Lawyers Walk Into A Bar: The Perils of Friendly Advice.

• SCR 111: The Duty to Self-Report Convictions.

• Restrictions on Solicitation of Legal Business.


Friday, December 13, 20131:00 to 3:15 p.m.Clark County Bar Association

725 S. 8th Street Las Vegas, NV 89101SPEAKER:

Dennis Kennedy, Esq.Partner, Bailey Kennedy, LLP


10th Annual Ethical Issues

The CCBA CLEseminar program is sponsored by


Did you know that CCBA members can save money by using the CLE Passport? The CLE Passport provides admission to 12 CLE credit hours of CCBA CLE seminars for only $200! Get all the details from the CLE Passport order form available at at www.clarkcountybar.org. Or request the form to be sent to you via fax or e-mail. Call CCBA at (702) 387-6011 or e-mail Donna at [email protected].

Save $$with the CLE Passport!


28 Clark County Bar Association December 2013 – COMMUNIQUÉ

“It sits on the corner of my desk and I refer to it daily. It is the definitive reference guide for family law in Nevada.” – John F. Keuscher, Anderson Keuscher, PLLC

Family Law Section Members Receive a 15% discount. Call the bar at 702-382-2200 for more information!

From the State Bar of NevadaNevada Family Law Practice Manual 2013 Edition

This recently revised manual provides up-to-date information on timely, modern day family law issues such as: MILITARY DIVORCES including how military divorces differ from non-military divorces and what extra steps need to be made

ARTIFICIAL REPRODUCTIVE TECHNOLOGYincluding definitions of terms used in discussing Artificial Reproductive Technology

DOMESTIC PARTNERSHIPS including how partnerships are recognized in other jurisdictions



29COMMUNIQUÉ – December 2013 Clark County Bar Association

Pro Bono Corner

By Sara Feest

Eunice Beattie of Gordon Silver is the latest attorney to receive the Volunteer of the Month award for her exemplary pro bono service. Eunice was presented her award at the Civil Judges Meeting on October 30, 2013.

Eunice began volunteering with the Pro Bono Project in 2011. While pro bono service has always been an interest, she credits her work with Gordon Silver

for allowing her the freedom to provide service to the community. Eunice has provided pro bono representation to clients in a number of areas including divorce, consumer fraud and landlord-tenant matters as well as advocating on behalf of abused and neglected children through the Children’s Attorneys Project.

In addition to her pro bono cases, Eu-nice volunteers on a regular basis at Legal Aid Center’s Ask-A-Lawyer programs where she provides free 15-minute consultations to pro se litigants. She has participated multiple times in the Family Law Ask-A-Lawyer program held

every Thursday afternoon at Family Court, as well as volunteering for the quarterly Federal Court Ask-A-Lawyer program.

Eunice finds her pro bono service through Legal Aid Center rewarding be-cause of how appreciative her clients have been with the help provided. She has seen first-hand how assisting clients who cannot afford representation can even the playing field and provide access to a system they may otherwise be unable to navigate on their own. Pro bono service has also provided her the opportunity to work on cases and with clients who are not typical of a large firm. For all of the assistance she provides to clients in need and for the community at large, Eunice Beattie is an embodiment of the contributions and commitment for which all at-torneys in Southern Nevada should strive.

As we thank Eunice for her dedication to providing access to justice to those in need, take this opportunity to evaluate your own pro bono contributions this year. Did you fulfill your annual commitment to providing pro bono services? Have you experienced the personal satisfaction that comes from assisting a domestic violence victim with a long-awaited divorce or ensuring a child in foster care is get-ting regular visits with her siblings? There is still a month left in 2013 to take a case and make a lasting difference in ONE client’s life. Make the commitment today and we may be honoring you as the next Volunteer of the Month!

Sara Feest is the Pro Bono Project Volunteer Coordinator with Legal Aid Center of Southern Nevada. To volunteer or request additional information about Legal Aid Center’s pro bono opportunities including our weekly Ask-a-Lawyer programs, please contact Sara at [email protected] or (702) 386-1070, ext. 1444.

Volunteer of the Month: Eunice Beattie

www.LasVegasLegalVideo.com729 S. 7th Street, Las Vegas, NV 89101

702-655-5858Serving Las Vegas for over 10 years.

See the difference.


30 Clark County Bar Association December 2013 – COMMUNIQUÉ


Insurance Company seeks in-house attorney with 5+ years of litigation experience for its Las Vegas office. Appli-cant must have a good work ethic, be a self starter, be able to litigate from beginning to end, and licensed in Nevada. Personal Injury Insurance Defense Experience and Trial Ex-perience preferred. No Billable Hours. Salary DOE. Please send resume attention: MAslesen; Fax: 702-222-2077; [email protected].


DOWNTOWN OFFICE SPACE IN CLARK CO. LAW FOUNDATION BUILDING AT 725 8th STREET: First floor suite of 1,782 sq. ft. available immediately in the building where the Clark County Bar Association is also lo-cated. Street frontage and signage, ADA access, three large

Market Place

Attorney Suite for Lease US Bank Center, 2300 W. Sahara Avenue

▶ Suite 140, 4,310 RSF, $2.65 FSG, 3 or 5 year term▶ Newly refurbished, off-of-atrium lobby with high visibility!▶ Close proximity to downtown / courthouse▶ Located on Sahara with easy access to the I-15 freeway & surrounding amenities▶ Monument signage available▶ 8 private offices, open area for cubicles, new kitchen/copy room, large conference room

Thomas & Mack Development GroupNicola Fryatt or David Strickland - 702-260-1008

offices, reception and conference areas, two bathrooms, storage space, and covered parking. Close to the Regional Justice Center. The space is ideal for lawyers. Call Patrick: (702) 333-8277.


Future Medical Cost Projections and Life Care Plans, Expert Witness. Dawn Cook RN, CLCP. No case too small or too large. Contact: (702) 544-2159 or www.dawnRN.com. CV on JurisPro.com/DawnCook.


31COMMUNIQUÉ – December 2013 Clark County Bar Association

Benefits and services continued on page 32

Appellate PracticeCotton, Driggs, Walch, Holley, Woloson & Thompson

400 S. Fourth Street, Third FloorLas Vegas, NV 89101

Tel: 702.791.0308Email: [email protected]


When Experience MattersJohn H. Cotton, Donna M. Wittig, and Christopher G. Rigler

Appellate attorneys confront challenges that requires a different approach and skill set than used in trial. When practicing before an appellate court, the attorney must know how to focus the issues on what is most important to an appellate court. The firm’s appellate practice group has the excellent writing, analytical, and oral advocacy skills needed to evaluate whether an appeal is in the best interest of the client and, when it

is, to present the client’s case in the most persuasive manner to the appellate court.

Cotton, Driggs, Walch, Holley, Woloson & Thompson’s Appellate Practice Group has briefed and argued over 80 cases before the Nevada Supreme Court and the Ninth Circuit Court of Appeals, and has significant experience representing clients before the

state and federal district courts on judicial review from adverse agency decisions.

On Appeal, Experience Matters


32 Clark County Bar Association December 2013 – COMMUNIQUÉ


PAIDLas Vegas, NV


Clark County Bar Association725 S Eighth StLas Vegas NV 89101

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