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1COMMUNIQUÉOctober 2013

COMMUNIQUÉOCTOBER 2013 OFFICIAL PUBLICATION OF THE CLARK COUNTY BAR ASSOCIATION VOL. 34, NO. 10

Administrative Law

Offers in Compromise • Medical MarijuanaAppearing Before Administrative Hearing Officers

New Administration Tasks for Nevada’s AGImmigration Court Practice

Follow CCBA! Web: clarkcountybar.org Twitter: @clarkcountybar Facebook: facebook.com/ccbanv

Clar

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Bar Associatio

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Thursday, December 12, 2013President’s Luncheon & Annual MeetingFeaturing a special presentation, “The Need for a Court of Appeals,”by Nevada Supreme Court Justice James Hardesty!RSVP by December 6. Page 21

Bar BenefitsInsurance Products Questionnaire

Page 5

Thursday, November 7, 2013CCBA Member Portrait Session

2

Need CLE credits?Live CLE Seminars

Pages 8 & 10

Recorded CLE SeminarsPages 40-43

Communiqué

Copy Editor NeededPage 29

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Articles24 Making Great Strides in LegislationBy Nevada Attorney General Catherine Cortez Masto

28 Tips on Appearing before Administrative Hearing OfficersBy Heather Anderson-Fintak, Esq.

30 Nevada’s New Medical Marijuana Law—Now What?By Neal Tomlinson, Esq.

34 Offer in Compromise—A Method to Permanently Settle Taxes DueBy Kirk D. Kaplan, Esq., CPA

36 Initial Practice Before the Immigration CourtBy M. Edwin Prudhomme

COMMUNIQUÉOCTOBER 2013

Vol. 34, no. 10

Departments8 Bar Activities

8, 10 CLE Calendars

18 Court News

19 Member Watch

40 CLE Audio Visual Catalog

46 The Marketplace

Columns5 A Message From the PresidentCCBA Membership Benefits Overview and Insurance Options SurveyBy Kari Stephens

20 Ask Mr. LawyerNanook of Las VegasBy Sal Gugino

38 Pro Bono Corner Celebrate Pro Bono Week 2013!By Melanie Kushnir

44 SupremeCourt SummariesBy Joe Tommasino

45 From the Chief Judge of the Eighth Judicial District CourtPromise to Ensure That Justice is Accessible to AllBy Hon. Jennifer P. Togliatti

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Features5 Insurance Products Questionnaire

6 A Letter in Support of Insurance Products to Benefit CCBA MembersBy Joel Jarvis, Allen Kaercher, Richard Krause, and Jimmy Lee

Andrew M. Cash, M.D. ..........................48Ara Shirinian ........................................20Armstrong Teasdale ...............................7Bank of Nevada ....................................15Bert O. Mitchell ....................................33CCBA CLE Passport ................................18CCBA Communiqué Ad Special ..............39CCBA Portrait Session ...........................12CCBA Write for Communiqué ................25Clark County Lawyer Finder .. 4, 27, 45, 46Cotton, Driggs, Walch, Holley, Woloson & Thompson ............................................47Dickinson Wright PLLC ......................... 11Esquire Deposition Solutions ..................2Fennemore Craig, PC ............................19Gerald I. Gillock & Associates ................31Hutchison & Steffen .............................13JAMS, The Resolution Experts ................9Las Vegas Legal Video ..........................29Las Vegas Wranglers Hockey ................23Meier & Fine, LLC ..................................17Neeman & Mills PLLC ...........................17Portraits to You ....................................16Private Trials ........................................25Prudhomme Law Office .......................37State Bar of Nevada ..............................26Wilson Elser Moskowitz Edelman& Dicker LLP .........................................19

November 2013 – Real Property LawDecember 2013 – Law Practice Manage-mentJanuary 2014 – Five Things*

Notes: The deadline for insertion of all final, approved articles, news, and ads is the 1st of the month preceding cover. Space reservations are encouraged at least two months in advance. The editorial calendar may change without notice at any time. The June/July issue is published in June. There is no publication released in July. *The January 2014 will see an increased circula-tion, due to the use of a larger mailing list.

Advertisers Index

Editorial Calendar

Documents photo © Robert Malota, Dreamstime.com.

Cover

CLE Seminars & Bar Events21 December Bar Luncheon

27 U.S. District Court Short Trial Rules Update

31 DUI for the Non-DUI Practitioner

32 The Simple Mechanics of the Mechanic’s Lien

33 Probate: “What You Want to Know but Were Afraid to Ask”

37 Don’t be Scared by the Rules: Discovery, Spoliation, Withdrawal, & Claiming Privilege

44 10th Annual Ethical Issues

Advertising space available. Contact: Steph at (702) 333-2270 or [email protected].

Advertising


COMMUNIQUÉ

OCTOBER 2013Vol. 34, no. 10

OFFICIAL JOURNAL OF THECLARK COUNT Y BAR ASSOCIATION

COMMUNIQUÉ is published eleven times per year with an issue published monthly except for July by the Clark County Bar As-sociation, 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 numerous sources and makes no independent investi-gation 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].

Clar

k County

Bar Associatio

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PUBLISHERKari L. Stephens

EDITOR-IN-CHIEFAirene Williamson

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

CONTRIBUTING EDITORSJames E. Harper

EDITORIAL PRODUCTION, ART DIRECTION,ADVERTISING DESIGN & SALESSteph Abbott

PRESIDENTKari L. Stephens

PRESIDENT-ELECTKimberly Buchanan

SECRETARY/TREASURERDamon K. Dias

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

IMMEDIATE PAST PRESIDENTLinda M. Bullen

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CCBA Membership Benefits Overview and Insurance Options Survey

A Message From the President

By Kari Stephens

Clark County Bar Association

Insurance Products Questionnaire

Would you be interested in any of the following types ofinsurance products if offered through the CCBA partners as a competitively priced resource?

Please circle the ones that interest you:• Lawyers Professional Liability Insurance• Group Supplemental Insurance• Life Insurance• 401(k) Retirement Plan• Other:

Are you an employer or an employee?• Employer• Employee

If you would like to be contacted regarding your areas ofinterest, please provide:

Date: Name: E-mail: Phone:

Fax, mail, or e-mail responses/comments to:Clark County Bar Association725 S. Eighth StreetLas Vegas, NV 89101Fax: (702) 387-7867E-mail: [email protected]

!

#

Message continued on page 6

The CCBA offers a myriad of benefits to our membership. In-cluded among such benefits are:

CCBA Member Directory and Areas of Practice Listings; CLE Passport and CLE seminars; Las Vegas 51s baseball and Wranglers hockey tickets; and subscriptions to the Communiqué and Las Vegas Business Press magazines. The CCBA is also proud to provide Clark County Lawyer Finder.com, which is an on-line attorney directo-ry service that exclusively lists CCBA members. A complete list and descrip-tion of CCBA membership benefits can be found on our Web site.

Disability income insuranceThe CCBA is continually looking

for new benefit opportunities that will provide value to our members. To that end, the CCBA is excited to announce that MetLife will now become the pre-ferred carrier for individual disability income insurance for our association. Active members will be eligible for a 10 percent association discount when they purchase individual disability in-come insurance from MetLife.

Want more benefits?The CCBA would like to receive

feedback from our members to deter-mine if there exists demand for ad-ditional insurance product offerings through CCBA partners at preferred or competitively-priced rates to our members. On the following page, you will find a letter setting forth an array of insurance products that are avail-


June 6, 2013

Dear Clark County Bar Association Member,

Thank you again for allowing us to serve you! Below is a list of Insurance products we can provide for the benefit of the Clark County Bar Association, and its members.

• Lawyers Professional Liability Insurance• Commercial General Liability • Commercial Property/Auto Coverage• Workers Compensations Insurance• Group Health/Dental/Vision and Group Life Insurance• Group Disability and Group Supplemental Insurance• Individual Disability Insurance• Individual Life Insurance• Individual Auto and Home Insurance• Personal Umbrella Insurance• 401 K, Pension, and Financial Planning • Employment Practices Liability Insurance• Directors and Officers Insurance• Court Bonds, Fiduciary & Surety Bonds

Along with superior products, by the top companies in the insurance indus-try; we can offer a commitment to individualized custom attention to each clients risk needs, consulting advice, claims handling, follow up, and follow through.

We have specialized in attorneys for over 20 years at Kaercher Campbell and we are prepared to serve for many years to come, with our over 60 years in the insurance industry, we are proud to continue the tradition of service.

Thank you AGAIN, for this opportunity to serve attorneys and the legal com-munity!

Sincerely,

Joel Jarvis, Allen Kaercher, Richard Krause, and Jimmy Lee

A Letter in Support of Insurance Products to Benefit CCBA MembersBy Joel Jarvis, Allen Kaercher, Richard Krause, and Jimmy Lee

Editor’s note: The following letter was originally submitted to members of the CCBA Executive Board by representatives from Kaercher Campbell Insurance Brokerage and The Wealth Consulting Group.

Message continued from page 5able to be offered through the CCBA as a member benefit. We have also in-cluded a brief survey aimed at gauging the interest of our members in having the association add one or more insur-ance products as a benefit to CCBA membership.

At least two of the choices on the list go hand-in-hand with the compo-sition of bar association membership. First and foremost, a competitively-priced professional liability insurance program has strong potential to be-come a value-added benefit to mem-bers. Secondarily, an association-sponsored 401(k) retirement plan has the advantage of affording groups of all sizes access to large group pricing, benefits, and features. Another key benefit of an association-sponsored 401(k) plan is the ability to reduce the administrative duties and limit the fi-duciary liability of participating Mem-ber-Employers.

While health insurance contin-ues to be a reoccurring benefit request, the viability of offering this type of program is closely tied to the ultimate level of participation in the program. Thus, the CCBA would prefer to have positive feedback from a consider-able portion of our membership prior to embarking upon the institution of a health plan option. There are, how-ever, a number of more readily feasible options to consider, such as group dis-ability insurance, supplemental insur-ance, and life insurance.

Let your voice be heard! Please complete and detach the survey on page five and return it to the CCBA.

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, where members can get updates on bar activ-ities and services. Members can also call CCBA at (702) 387-6011.


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Bar Activities continued on page 10

CLE Calendar

CLE Calendar continued on page 10

DUI for the Non-DUI Practitioner Produced by the Stephen Smith, Esq.Date: Friday, October 4, 2013Time: 1:00 p.m. to 3:15 p.m.Location: Clark County Bar Center, 725 South Eighth StreetSpeakers: Craig A. Mueller, Esq., Mueller Hinds & Associates and Bruce W. Nelson, Esq., Chief Deputy District Attorney, Clark County District Attorney’s Office – Criminal DivisionCredits: 2 General CLE Credits

U.S. District Court Short Trial Rules UpdateProduced by the Federal Bar Association and CCBADate: Wednesday, October 9, 2013Time: 1:00 to 3:15 p.m.Location: Jury Assembly Room, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd. So., Las VegasSpeakers: Honorable George Foley, U.S. Magistrate Judge, Honorable William G. Cobb, U.S. Magistrate Judge, U.S. District Court - District of Nevada; Charles McCrea, Esq., Lionel Sawyer & Collins, Lawyer Representative, U.S. District Court - District of Nevada; Rebecca Bruch, Esq., Erickson Thorpe & Swainston, LTD., Lawyer Representative, U.S. District Court - District of Nevada; and Mike Kattelman, Esq., Silverman, Decaria & Kattelman, Chtd., President, Washoe County Bar AssociationCredit: 2 General CLE Credits

The Simple Mechanics of the Mechanic’s Lien Produced by Anthony Ciulla, Esq.Date: Wednesday, October 16, 2013Time: 1:00 to 3:15 p.m.Location: Clark County Bar Center, 725 South Eighth StreetSpeakers: Richard Peel, Esq., Peel Brimley, LLPCredit: 2 General CLE Credits

Details on page 31!

Details on page 27!

Details on page 32!

The Clark County Bar Association’s CLE seminar programis proudly sponsored by the

Bank of Nevada and Depo International.

Bar ActivitiesOctober 1 – Deadline for the November Com-muniqué

The deadline for submission of all articles, announce-ments, ad placements, photos, graphics, and editorial mate-rial to be published in the December issue of Communiqué is Wednesday, November 6, 2013. The deadline for the De-cember 2013 issue is Friday, November 1, 2013. The deadline for the January 2014 issue is Monday, December 2. Advertis-ing rates and editorial policies are available on the CCBA Web site at www.clarkcountybar.org or by contacting Com-munications Coordinator Steph Abbott at (702) 333-2270 or [email protected].

October 1 – Publications Committee MeetsThe CCBA’s Publications Committee produces the bar

journal, Communiqué. The committee chair and editor-in-chief of the Communiqué is Airene Williamson, Esq. The committee meets regularly on the first Tuesday of the month from 12:00 to 1:00 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Steph Abbott at [email protected] or (702) 333-2270.

October 4 – CLE Seminar – DUI for the Non DUI Practitioner

On Friday, October 4, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE seminar, “DUI for the Non DUI Practitioner,” to be held at CCBA, 725 S. Eighth Street, Las Vegas.

Speakers will be Craig A. Mueller, Esq. of Mueller Hinds & Associates and Bruce W. Nelson, Esq., Chief Dep-uty District Attorney for Clark County District Attorney’s Office – Criminal Division.

This seminar will offer two general CLE credits and is produced by Stephen Smith, Esq. for CCBA’s CLE Com-mittee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Le-gal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member.

RSVP to CCBA by October 3, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

October 8 - Civil Bench Bar MeetingOn Tuesday, October 8, 2013, bar members are invited

to attend the Civil Bench Bar Meeting of the 8th Judicial District Court. The meeting starts at noon in courtroom 15D at the Regional Justice Center. The committee is open to new suggestions and issues of concern to bar members.



Bar Activities continued from page 8CLE Calendar

Probate: “What You Want to Know but Were Afraid to Ask” Produced by Stephen Smith, Esq.Date: Thursday, October 17, 2013Time: 1:00 to 3:15 p.m.Location: Clark County Bar Center, 725 South Eighth StreetSpeakers: Probate Commissioner Wesley F. Yamashita; Hon. Gloria J. Sturman, Dept. 26, Eighth Judicial District CourtCredit: 2 General CLE Credits

Don’t be Scared by the Rules: Discovery, Spoliation, Withdrawal, & Claiming Privilege Produced by the CCBA CLE CommitteeA Bring Your Own Brown Bag Lunchtime Learning Seminar!Date: Wednesday, October 30, 2013Time: 12:00 p.m. to 1:00 p.m.Location: Clark County Bar Center, 725 South Eighth StreetSpeakers: Discovery Commissioner Bonnie Bulla, Eighth Judicial District Court; Joe Garin, Esq., Lipson Neilson Cole Seltzer & Garin, PC Credits: 1 Ethics CLE Credits

10th Annual Ethical Issues Produced by the CCBA CLE CommitteeDate: Friday, December 13, 2013Time: 1:00 to 3:15 p.m.Location: Clark County Bar Center, 725 South Eighth StreetSpeakers: Dennis Kennedy, Esq., Bailey Kennedy, LLPCredit: 2 Ethics CLE Credits

Details on page 35!

Details on page 44!

Details on page 33!

The Clark County Bar Association’s CLE seminar programis proudly sponsored by the

Bank of Nevada and Depo International.

The Civil Bench Bar is designed to bring the judiciary and members of the bar together to discuss ways to improve the processing and handling of civil matters. All members of the bar are welcome. Lunch will be provided. Please RSVP to the chambers of the Honorable Susan H. Johnson at (702) 671-0547 or e-mail at [email protected] by Fri-day, October 4, 2013.

Note: The regular meeting date for this committee is the second Tuesday of the month. However, there will be no meeting in November 2013 as the date conflicts with the meeting of the Constructional Defects Civil-Bench Bar Committee to be held on Tuesday, November 12, 2013.

October 9 – CLE Seminar – U.S. District Court Short Trial Rules Update

On Wednesday, October 9, 2013, from 1:00 to 3:15 p.m., CCBA and Federal Bar Association members and staff are invited to attend the CLE seminar, “U.S. District Court Short Trial Rules Update,” to be held in the jury assembly room at the Lloyd D. George U.S. Courthouse, 333 Las Vegas Boulevard South, Las Vegas.

The U.S. District Court for Nevada has adopted rules for short trials similar to those implemented by the Nevada Supreme Court. The federal court’s short trial program offers litigants an alternative to mainstream litigation by restrict-ing the scope of permissible discovery, establishing a firm and expedited trial date of limited duration, and instituting other cost-saving measures. This program will provide an overview of the federal short trial rules and highlight the differences between the federal and state procedures. The seminar will also provide knowledgeable suggestions for utilization of iPad-type technology and trial apps to effec-tively present a short trial.

Panelists will be the Honorable George Foley, U.S. Magistrate Judge and Administrator of the Federal Short Trial Program for the unoffical southern distrct of Nevada; the Honorable William G. Cobb, U.S. Magistrate Judge and Administrator of the Federal Short Trial Program for the unoffical northern distrct of Nevada; Charles McCrea, Esq. of Lionel Sawyer & Collins and Lawyer Representative, U.S. District Court - District of Nevada; Rebecca Bruch, Esq. of Erickson Thorpe & Swainston, LTD. and Lawyer Represen-tative, U.S. District Court - District of Nevada; and Mike Kattelman, Esq. of Silverman, Decaria & Kattelman, Chtd. and President, Washoe County Bar Association.

This seminar will offer two general CLE credits and is produced by the Federal Bar Association and CCBA. Cost varies: $50 per CCBA or FBA Member, $30 per Legal As-sistant/UNLV Law Student CCBA Member, $40 per Legal Assistant/UNLV Law Student Non-Member, and $90 per

CLE Calendar continued from page 8


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Bar Activities continued from page 10

Portrait Session

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Mark your calendars!

Portrait Sessionfor CCBA Members

WHEN: Thursday, November 7, 2013 9:30 a.m. to 2:00 p.m.WHERE: Clark County Bar Center 725 S. Eighth Street Las Vegas

Drop by or set an appointment. Come dressed for success. No appointment necessary.

Portraits are for CCBA use. There is no sitting fee. Members can also purchase their portraits* directly from the photographers from Portraits to You at a great price*:

*Portrait Offer - 1 image edited, on CD with all print rights for $79 or 2 images for $100. Good for printing, business cards, or Internet use. This special is only available to CCBA members who purchase on the day of their photo session.

Get more details! Visit www.clarkcountybar.org or contact Steph Abbott at (702) 333-2270 [email protected].

Non-Member. RSVP to CCBA by October 8, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

October 10 – New Lawyers Committee MeetsThe CCBA’s New Lawyers Committee produces bar

mixers, networking events, and supports the Boyd law school’s various competitions. The committee’s co-chairs are Kelly Stout, Esq. and Amber White-Davidson, Esq. The committee meets regularly on the second Thursday of the month from 12:30 to 1:30 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Donna Wiessner at [email protected] or (702) 333-2266.

October 11 – CLE Committee MeetsThe CCBA’s CLE Committee produces relevant, high-

quality CLE seminars. The committee’s chair is Lesley Co-hen, Esq. The committee meets regularly on the second Fri-day of the month from 12:00 to 1:00 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Donna Wiessner at [email protected] or (702) 387-6011.

October 12– SNAWA Thanksgiving in October Fundraiser

Bar members are invited to a fundraiser at Elana and Ben Graham’s home to support the SNAWA Foundation’s scholarship for female students at Boyd School of Law. Don’t miss this wonderful event. Elana and Ben cook a homemade Thanksgiving dinner with all the trimmings and their fa-mous cookies. For details, visit www.snawa.org.

October 15 – Community Service Committee Meets

The Clark County Law Foundation’s (CCLF) Com-munity Service Committee produces events to benefit the community at large. The committee meets regularly on the third Tuesday of the month from 12:00 to 1:00 p.m. at vari-ous locations. Contact CCLF at (702) 333-8277.

October 16 – CLE Seminar – The Simple Me-chanics of the Mechanic’s Lien

On Wednesday, October 16, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE seminar, “The Simple Mechanics of the Mechanic’s Lien,” to be held at CCBA, 725 S. Eighth Street, Las Vegas.

Speaker will be Richard Peel, Esq. from Peel Brimley, LLP. Topics to be discussed include mechanic’s liens, right to stop work, and prompt payment claims for public works.

This seminar will offer two general CLE credits and is produced by Anthony Ciulla, Esq. for CCBA’s CLE Com-



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Bar Activities continued from page 12mittee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Le-gal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. RSVP to CCBA by October 15, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

October 17 – CLE Seminar – Probate: “What You Want to Know but Were Afraid to Ask”

On Thursday, October 17, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE sem-inar, “Probate: What You Want to Know but Were Afraid to Ask,” to be held at CCBA, 725 S. Eighth Street, Las Vegas.

Speakers will be Eighth Judicial District Court Probate Commissioner Wesley F. Yamashita and Dept. 26’s Judge Gloria J. Sturman. Topics to be discussed include proposed amendments to EDCR, the process for noticing an objection to an R&R, the rule governing objections, and jurisdictional issues.

This seminar will offer two general CLE credits and is produced by Stephen Smith, Esq. for CCBA’s CLE Com-mittee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Le-gal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. RSVP to CCBA by October 16, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

October 28 – Trial By Peers Committee MeetsThe CCLF’s Trial By Peers Committee produces a local

teen court program. The committee meets regularly on the last Monday of the month from 12:00 to 1:00 p.m. at CCLF, 725 S. Eighth Street, Las Vegas (entrance at the front of the building). Contact CCLF at (702) 333-8277.

October 30 – CLE Seminar – Don’t be Scared by the Rules: Discovery, Spoliation, Withdrawal & Claiming Privilege

On Wednesday, October 30, 2013, from 12:00 to 1:00 p.m., CCBA members and staff are invited to attend the CLE seminar, “Don’t be Scared by the Rules: Discovery, Spolia-tion, Withdrawal & Claiming Privilege,” to be held at the Clark County Bar Association, 725 S. Eighth Street, Las Ve-gas.

Speakers will be the Honorable Bonnie Bulla, Discov-ery Commissioner for the Eighth Judicial District Court and attorney Joe Garin of Lipson Neilson Cole Seltzer & Garin, PC.

This seminar will offer one ethics CLE credit and is produced by CCBA’s CLE Committee. Cost varies: $25 per CCBA Member, $20 per Legal Assistant/UNLV Law Stu-

dent CCBA Member, $30/Legal Assistant/UNLV Law Stu-dent Non-Member, and $45 per Non-Member. A lunchtime seminar, members are encouraged to bring their own lunch, and the bar will provide drinks and sweets. RSVP to CCBA by October 29, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

November 1 – CLE Seminar – Dispositive Mo-tions

On Friday, November 1, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE seminar, “Dispositive Motions,” to be held at CCBA, 725 S. Eighth Street, Las Vegas. Speakers will be Eighth Judicial District Court Judges Nancy Allf, Susan Scann, Gloria Stur-man, and attorney Tami Cowden of Greenberg Traurig, LLP.

This seminar will offer two general CLE credits and is produced by Tami Cowden, Esq. for CCBA’s CLE Com-mittee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Le-gal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. RSVP to CCBA by November 2, 2013. Con-tact: Donna Wiessner at [email protected], (702) 387-6011.

November 1 – Deadline for the December Communiqué

The deadline for submission of all articles, announce-ments, ad placements, photos, graphics, and editorial mate-rial to be published in the December issue of Communiqué is Friday, November 1, 2013. The deadline for the January 2014 issue is Monday, December 2. Advertising rates and ed-itorial policies are available on the CCBA Web site at www.clarkcountybar.org or by contacting Communications Co-ordinator Steph Abbott at (702) 333-2270 or [email protected].

November 7 – Member Portrait SessionCCBA members are invited to get their portrait taken

on Thursday, November 7, 2013, from 9:30 a.m. to 2:00 p.m. at the CCBA office located at 725 S. 8th Street in Las Vegas. No appointment is necessary.

Members can purchase their portraits directly from Portraits to You at a special price of $79 for 1 image or $100 for 2 images. Price includes edited image and all publishing rights. Contact Steph Abbott at (702) 333-2270 or [email protected].

November 7 - Family Bench Bar MeetingOn Thursday, November 7, 2013, bar members are

invited to attend the Family Bench Bar Meeting of the 8th Judicial District Court. The meeting starts at noon in Court-



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Bar Activities continued from page 16room 9 at the Family Courts and Services Center located at 601 North Pecos Road, Las Vegas, NV 89101. Questions about the committee can be addressed to the Eighth Judi-cial District Court Family Division Presiding Judge Gloria O’Malley via Janice Sanders at [email protected] or (702) 455-5991.

November 11 - Project Salute On Monday, November 11, 2013, from 10:00 a.m. to

3:00 p.m., Project Salute will be held at Palace Station, 2411 W. Sahara Ave, Las Vegas, NV 89102. This event is a joint effort between the Young Lawyers Section of the State Bar of Nevada and Nevada Legal Services, the Access to Justice Commission, and the Southern Nevada Senior Law Project. Attorneys are needed to volunteer their services.

Volunteer attorneys need to be accredited through the Veteran’s Administration. The accreditation process requires the completion of a brief application form. The process also requires the attorneys to participate in a three-hour CLE within 12 months of certification. Clinic partici-pants are invited to attend a three-credit CLE webinar on veteran’s benefits, to take place on October 9, 2013. This we-binar is free for event volunteers. Those wishing to volunteer are urged to complete their applications as soon as possible,

as the accreditation process can take 90 days or more. VA accreditation applications and additional information about accreditation can be found at http://www.va.gov/ogc/accred-itation.asp.

Those interested in volunteering in southern Nevada may contact Carmela Reed at [email protected].

November 12 – Constructional Bench Bar Com-mittee Meeting

On Tuesday, November 12, 2013, the 8th Judicial Dis-trict Court will hold the meeting of the Constructional De-fect Bench Bar Committee. The meeting starts at noon at the Complex Litigation Center (CLC) located at 333 South Sixth Street in downtown Las Vegas. Attorneys do not need to RSVP prior to the event.

November 12 – Deadline for Nominations to the CCBA Executive Board

Nominations from members to serve on the 2014 CCBA Executive Board will be accepted through Tuesday, November 12, 2013. Nominations should be sent to the CCBA President Kari Stephens. The nominating committee shall consider the following criteria and characteristics as applied to each prospective nominee in their application:

• Each prospective nominee must be a member in


good standing of the CCBA• Demonstrated past service to the CCBA• Contribution to creating balance on the executive

board of representation amongst various areas and types of the practice of law

• Professionalism• Knowledge and expertise in an area in which the

CCBA needs or desires assistance• Such other factors as the nominating committee

may deem relevant and appropriateThe election will be held on Thursday, December 12,

2013. Get details at www.clarkcountybar.org or call (702) 387-6011.

December 2 – Deadline for the January Com-muniqué

The deadline for submission of all articles, announce-ments, ad placements, photos, graphics, and editorial ma-terial to be published in the January issue of Communiqué is Monday, December 2, 2013. Advertising rates and edito-rial policies are available on the CCBA Web site at www.clarkcountybar.org or by contacting Communications Co-ordinator Steph Abbott at (702) 333-2270 or [email protected].


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Court NewsBankruptcy Court Repealed Local Rule 1015.1

Effective September 1, 2013, the rules regarding the as-signment of Chapter 11 cases was changed with the repeal of Local Rule 1015.1. The Administrative Order 2013-03 in-dicates the change was done pursuant to Local Rule 1001(c). For more information on the local rules or to download AO 2013-03, visit http://www.nvb.uscourts.gov/.

Clark County Judicial Election Season Starts October 1, 2013

The election department for Clark County, Nevada has announced key dates for candidates planning to run for judicial office next year. From October 1, 2013 to January 17, 2014, the county will hold a “pre-registration” period for candidates to start the process for the official filing. From January 6, 2014 to January 17, 2014, the county will hold the official filing period for candidates to register for election. For more information on elections in Clark County, visit http://www.clarkcountynv.gov/VOTE.

Bar Activities continued from page 17December 12 – President’s Luncheon and An-nual Meeting

On Thursday, December 12, 2013, members of the bar are invited to attend the President’s Luncheon and Annual Meeting sponsored by the Bank of Nevada. Hosted by CCBA President Kari Stephens, this event will feature a special pre-sentation by Nevada Supreme Court Justice James Hardesty.

The presentation, “The Need for a Court of Appeals,” will outline the proposed changes to the Nevada’s court sys-tem. This presentation will offer one general CLE credit for Nevada attorneys. Also scheduled to be held at this bar lun-cheon is the election for the CCBA’s 2014 Executive Board. Ballots will be available to complete and cast at the election.

Due to the presentation, the length of the event will be extended. Check in begins at 11:30 a.m. with the event scheduled from 12:00 to 1:15 p.m. The luncheon will be held at Morton’s The Steakhouse, 400 E. Flamingo Road, Las Ve-gas, NV 89119. RSVP with payment to the Clark County Bar Association is due by Friday, December 6, 2013. Election in-formation and the luncheon registration form can be found online at www.clarkcountybar.org. Phone registrations can be called in to CCBA at (702) 387-6011. Event registration available on page 21.

December 13 – CLE Seminar – 10th Annual Ethical Issues

On Friday, December 13, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE sem-inar, “10th Annual Ethical Issues,” to be held at the Clark County Bar Association, 725 S. Eighth Street, Las Vegas. The speaker will be Dennis Kennedy, Esq., Bailey Kennedy, LLP.

Mr. Kennedy will cover hot topics for Nevada attor-neys, including Rule 1.18: duties to prospective clients; liti-gation 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; and restrictions on solicitation of legal business.

This seminar will offer two ethics CLE credit and is produced by CCBA’s CLE Committee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Legal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. RSVP to CCBA by December 12, 2013. Contact: Donna Wiessner at [email protected], (702) 387-6011.

December 19 - Family Bench Bar MeetingOn Thursday, December 19, 2013, bar members are

invited to attend the Family Bench Bar Meeting of the 8th Judicial District Court. The meeting starts at noon in Court-room 9 at the Family Courts and Services Center located at 601 North Pecos Road, Las Vegas, NV 89101. Questions about the committee can be addressed to the Eighth Judi-cial District Court Family Division Presiding Judge Gloria O’Malley via Janice Sanders at [email protected] or (702) 455-5991.

Want more court news?Visit our “Court News” page at

ww.clarkcountybar.org.

GET THE CLE PASSPORT!

The cost is only $200 for CCBA’s attorney members

to attend up to twelve CLE credit hours of CCBA-sponsored CLE seminars.

Get details and order form at www.clarkcountybar.org or contact Donna

at (702) 333-2266 or [email protected].


Member WatchJoel Beck has joined the CCBA. He can be reached at

Beck & Associates, 2350 S. Jones, Suite 101-3C, Las Vegas, NV 89146. Phone: (855) 529-2325. Fax: (800) 775-8129. E-mail: [email protected].

Joshua Kunis can now be reached at the Law Offices of Steven M. Burris, located at 2810 West Charleston Blvd., Suite F-58. Las Vegas NV 89102. Phone: (702) 258-6238. Fax: (702) 258-8280. E-mail: [email protected].

Tracy M Rau and Mark S. Karris have relocated their offices and can now be contacted at Karris Rau, LLC, 501 S. Rancho Drive Ste. I-62, Las Vegas, NV, 89106. Phone: (702) 754-6700.

The Tingey & Tingey Law Firm has relocated to 2001 W. Charleston Blvd., Las Vegas, 89102. Phone: (702) 333-0000. Fax: (702) 333-0001. CCBA members at that firm are Don C. Tingey, Bruce D. Tingey, Dean M. Tingey, and Brent W. Tingey.

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

Wilson Elser is pleased to welcome the following accomplished attorneys to our Las Vegas of� ce:

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Nanook of Las Vegas

By Sal Gugino

Ask Mr. Lawyer

All of our friends have done it. We always talked about it. We knew it was going to be hotter than Hades at high noon in Las Vegas, so we took a cruise to Alas-

ka.My darling wife (who hates the heat) was convinced it

wasn’t going to be too cold up there because it was August. Having lived in western New York, by the frozen shores of Lake Erie, I vehemently disagreed and made her buy a suit-able waterproof ski jacket before we left . . . with a “hoodie.” It was sunny, warm and beautiful, when we arrived in Van-couver. Deb was very skeptical of me, as we shopped in the city. “I told you it wasn’t going to be cold,” she said. I hastily responded, “We are not in Alaska, yet, my dear.”

We took a cab to the harbor, where we waited in a long line filled with hundreds, if not thousands, of screaming,

crying children, shrieking at the top of their lungs, while their parents wearily looked away, as if they had nothing to do with them and had no ownership of the problem. I was simultaneously considering suicide and/or murder, when I looked up and realized that the line eventually split into three entryways, one of which was for a Disney cruise. As the sons and daughters of Satan slowly disappeared into the caverns of Mickey’s Big Boat, we settled into a cabin on the 9th deck of our ship, which included a balcony. We were in heaven . . . until we heard the tiny voices of two children in the cabin next to us. We spent the rest of the first day listen-ing to them holler, jump around and bang the walls. This did not bother my wife, who is a special ed teacher, but it sure set my hair on fire. On the first night, when the kids started getting real loud, I took a blunt metal object and be-gan methodically pounding on the side of the cabin until . . . amazingly . . . the room became “church quiet.” Deb was mortified, but we had no more problems with the little ur-chins after that.

On the first day to the Inside Passage, it was all sailing, and the best thing to do was to use your binoculars to look for hump back whales and wildlife on shore. The “neigh-bors,” however, seemed to be taking this to the extreme. They were constantly on their balcony, shouting out, “Hump back at one o’clock! Sea otter at three o’clock!” The wife, in particular, was identifying all sorts of marine life that no one else could see. This prompted me to engage in similar sightings: “Moose’s rear end at 12 o’clock! Yeti at 10 o’clock! Loch Ness Monster at port side! Hairs on a fly’s . . . STOP THAT!!!” said Deb, “You’re embarrassing me!” We left the room for dinner.

The next morning, the ship docked at Ketchikan, which is an Inuit name for “tourist trap.” Again, it was sun-ny and warm, and Deb gleefully pointed this out, saying, “Not too cold, huh?” I ignored her as we entered the main part of the shopping district. As we attempted to cross the street, which was filled with trucks driving fast, I said, “Deb, don’t just walk out there, we don’t know if these people stop for pedestrians . . . ” Being in a cross-walk, she did not worry and proceeded out to the middle of the street, where a red

Mr. Lawyer continued on page 22

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December Bar Luncheon

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RSVP WITH PAYMENT:

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.

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President’s Luncheon& Annual Meeting

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

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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.

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


truck slowed down and stopped, followed by a blue truck who screeched a bit, and a black truck which rammed into the back of the blue one. Deb kept walking as if she did not notice the pile-up. Being a good lawyer, I threw a business card into the first two trucks and followed Deb into a jew-elry store.

Here is the deal: each town we visited on the trip had less than 3,000 residents, but all of them had 50 jewelry stores! The main features were Tanzanite stores, filled with stones from the foot of Mount Kilimanjaro. Why Alaska would have all of these African gems was beyond me. They told us that Tanzanite is a “generational” stone, and once the mine runs out in 2016, there will be no more. Considering the amounts held in these jewelry stores, it is unlikely that Tanzanite will become unavailable until the year 3050.

After hitting all the shops, we did take a DeHavilland Beaver floatplane to view the local lakes, islands and gla-ciers. We landed in a lake with tons of trout, but not a single fisherman. Unbelievable.

The next day, we docked in Juneau, the capital of Alas-ka. I enjoyed this town immensely, since every question Deb asked me could be responded with “Juneau.” “What would you like to do?” she’d say, and I would respond, “Juneau.” She would say, “No, I don’t know . . . Where do you want to go next,” and I would say, “Juneau.” “Don’t get funny with me, mister!” she would gasp. I managed to stay in character for another few hours, until she said, “Just sit here, while I go into this store.” I remained seated on a town bench observ-ing the other tourists until she returned with her trinkets.

Which is my next topic. On board, the boat featured a pair of shopping gurus, who would come ashore with every-one and assist shoppers in buying jewelry and other items at a “discounted” price. They even gave us VIP cards which, when presented, would entitle you to free jewelry from each store. Deb did not actually buy much jewelry. Instead, she would go into each emporium, present her card, get her trin-ket (usually worth less than nothing), say “thank you” and leave. The problem was that this took several hours each day

to accomplish. In the end, she not only got her free gifts, but she managed to learn several foreign languages. In the after-noon, she took time off, so that we could take a DeHavilland Otter to fly over five glaciers.

Our next port of call was Skagway, a Tlingit Native American phrase for “Land of Ugly Woman.” On the Skag-way Streetwalk Bus Tour, the guide noted that men outnum-ber women here by 8 to 1. Local women are known to say, “The odds are good, but the goods are odd.” Apparently, the only thing that has happened in the town since its inception in the Gold Rush was the shootout between “Soapie” Smith and Frank Reid. We were taken to the Old Town cemetery where we were told the story of the evil-doer Smith, whose bunco activity and other bad acts had finally gotten the town into an uproar after only 9 months of his residing there. He got into a shoot-out with three other men on a wharf, led by Frank Reid, another tough-guy with a checkered past. The two shot it out, and Soapie was killed immediately (shot in the heart), while Reid died a dozen days later from a shot to the groin. The town put Reid in the cemetery with the big-gest stone monument you could find. Soapie is buried about six feet outside the legal bound of the cemetery with a square of “iron bars” around his plot.

We then took the narrow gauge White Pass & Yukon Route Railway, which took us for a three-hour ride into the forest and up the mountainside which was nothing short of spectacular.

As we completed the tour of these Alaskan towns, I no-ticed that the weather had changed from sunny to cooler to rainy, misty and downright cold. Finally, in Glacier Bay, we were all on deck, looking at the face of a glacier some 500-800 feet tall, about a quarter mile away. It was really cold and wet, and the ice was “calving” from the glacier, crackling like thunder. Deb (in her weatherproof ski jacket and hood) finally started to shiver. “Let’s go in,” she pleaded. “Is it too cold?” I asked, and she said “Yes!” I then responded, “Let’s wait a bit.” We then stayed on deck until almost every other passenger had fled to the inside of the ship. I then said to her, as she began to develop frostbite, “Take today’s temperature, drop it by 20 degrees and then add about ten feet of snow . . . That’s how I grew up near Lake Erie, and that’s why I don’t want to go to Mt. Charleston to see the damn snow!!!”

It took thousands of dollars and a boat ride, but after 25 years, I finally got my point across. Thank you, Alaska!

Sal Gugino has a resume as long as your arm. He was the 1996 President of the CCBA, the Student Body President at McGeorge School of Law, the Chairman of the EMRB, and now serves as a Short Trial Judge, a Supreme Court Set-tlement Judge, an arbitrator, and a mediator. He really likes doing the ADR stuff and his rates are very reasonable! Sal can be reached at Kolesar & Leatham. © 2013 Sal Gugino. All rights reserved.

Mr. Lawyer continued from page 20

Advertise in the Communiqué

Do you have a position of employment, office space, or services to market to CCBA members?

Place a display ad or a classified in the printed bar journal Communiqué.

Contact Steph at CCBA (702) 333-2270 or [email protected].


The 77th Legislative Session marked a list of significant accomplishments in protecting Nevadans and pro-moting open, efficient and effective government. The

Nevada Attorney General’s Office listened to the concerns of citizens and worked closely with stakeholders and legis-lators to develop sensible legislation and requested 15 bills that were enacted into law this past session.

Improving Transparency in GovernmentAssembly Bill 65 provides clearer guidance to public

bodies in statute to better ensure compliance with the Ne-vada Open Meeting Law and increase transparency in gov-ernment. The bill codifies the meetings which were previ-ously exempt, clarifies the circumstances and requirements under which a member of a public body may designate an-other person to attend a meeting in their place, enacts a safe harbor provision for public bodies seeking to take corrective action within 30 days of an inadvertent violation, clarifies what it means for a public body to “deliberate,” and im-proves public access to supporting materials for a meeting.

The intent of Assembly Bill 31 is to provide standard forms and procedures for members of the public seeking ac-cess to government records and for State agencies to respond to public records requests in a timely, consistent and efficient manner. This new legislation requires the head of each State Executive Branch agency to designate one or more employ-ees to act as a “records official” for the agency, who will be responsible for handling requests for public records of that agency.

Assembly Bill 16 provides for the compilation and publication of the State Administrative Manual; a helpful tool and reference source that promotes efficiency in State government and promotes open government by providing disclosure to businesses and citizens about the processes be-ing used by those State agencies.

Assembly Bill 35 clarifies certain disclosure and en-forcement provisions of Nevada’s campaign finance laws. It ensures that the same level of disclosure is required in special elections as is required for regular elections, clari-fies definitions and reporting requirements for persons and groups that make independent expenditures, provides a

clear process for a candidate to officially close down a cam-paign, satisfy all contribution and expenditure reporting requirements, and clarifies that the civil penalties in exist-ing law are in addition to, not in lieu of, any other remedy allowed by law or equity, including criminal penalties for perjury and filing false or forged documents.

Providing Greater Protection against CrimeAssembly Bill 39 authorizes the implementation in Ne-

vada of the National Precursor Log Exchange, a real-time stop sale electronic tracking system for use by pharmacies and law enforcement to prevent the unlawful sale of nonpre-scription pseudoephedrine (PSE) for use in the manufacture of methamphetamine. This bill authorizes the use of the lat-est available technology to stop unlawful purchases of PSE by monitoring all nonprescription PSE purchases in real-time to prevent methamphetamine criminals from exceed-ing legal purchase limits. It also tracks purchases among all participating states so that meth producers are unable to simply cross state lines to illegally obtain PSE.

Senate Bill 30 grants the Nevada Attorney General’s Domestic Violence Fatality Review Statewide Team the statutory authority to access criminal histories of perpe-trators to review the deaths of domestic violence victims. The team’s objectives are to prevent domestic violence ho-micides, preserve the safety of battered women, hold per-petrators accountable, and assess whether or not the victim utilized local or statewide social services.

Assembly Bill 67 establishes the crime of sex traffick-ing of children and adults with appropriate penalties for the severity of the crime, and authorizes the Nevada Attorney General’s office to investigate and prosecute crimes involv-ing sex trafficking and the exploitation of children. The new crime of sex trafficking will apply when the victim is a mi-nor, or an adult victim engaging in prostitution due to force, violence, threats or coercion from the perpetrator. Traffick-ing an adult victim for sex is a category B felony. Traffick-ing a child is a category A felony with a life sentence with possibility of parole, and parole eligibility will depend upon the age of the victim. The bill also authorizes victims of sex trafficking to sue the perpetrators to receive restitution, and

Making Great Strides in Legislation

By Nevada Attorney General Catherine Cortez Masto


authorizes the video-taped deposition of victims so the vic-tim’s testimony can be introduced at trial, if necessary.

Senate Bill 26 provides for the governance and over-sight of a statewide, automated victim information and no-tification system, known as Nevada VINE (Victim Informa-tion and Notification Everyday). The VINE service allows victims to receive updates on a specific offender’s custody status, release or escape from an institution. The ultimate goal of the VINE project is to promote victim safety by al-lowing them to receive timely, accurate information on cus-tody status changes.

Senate Bill 22 requires the Nevada Attorney General’s office to notify the Legislature of any Nevada laws that are ruled unconstitutional, assign the collection of restitution for extradition expenses to the State Controller, and autho-rizes a program to prevent certain criminal offenders from obtaining or using a U.S. passport.

Senate Bill 24 authorizes the Nevada Attorney Gen-eral’s office to provide assistance to local law enforcement agencies in complying with consular notification require-ments when a foreign national is arrested or detained.

Senate Bill 25 concerns our State’s ongoing efforts to combat technological crime. It clarifies the Nevada Attorney General’s office’s authority in investigating and prosecuting technological crimes and allows us to assist local authori-ties and handle those cases, which may be beyond their re-sources.

Great Strides continued on page 27

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Senate Bill 437 makes amendments to the Nevada False Claims Act, which fights fraud committed against the State government, including the Medicaid Program. This bill makes the necessary technical amendments to achieve compliance under the federal Deficit Reduction Act of 2005 and allow us to receive a financial incentive referred to as the “Deficit Reduction Act bump.”

Senate Bill 27 clarifies that the Nevada Attorney Gen-eral’s office represents any present or former Supreme Court justice or district court judge, and that the chief legal officer of a political subdivision represents any present or former justice of the peace or municipal judge of that political sub-division. The bill also requires the Nevada Attorney Gener-al’s office or the chief legal officer of a political subdivision to provide representation to certain persons who are not gov-ernment officials, but who are named as defendants in a civil action solely because of an alleged act or omission relating to the public duties or employment of a government official.

Assembly Bill 60 is a partnership of the Nevada At-torney General’s 4 office with the Office of the Secretary of State. It establishes certain requirements in the Articles of Incorporation for nonprofit corporations which intend to

If you have written a practical, legal article for the Clark County Bar journal Communiqué, let's make a CLE semi-nar out of it! Teaching a CLE seminar can provide you

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STATE BAR OF NEVADA PUBLICATIONS

Other Reference PublicationsIn addition to the Guide to Tribal Courts, the State Bar of Nevada offers three additional publications that cover Nevada-specific procedures and laws. All publications can be purchased through the bar’s website: www.nvbar.org/content/books-manuals-and-references.

• Nevada Business Entities – 2010 Edition - $149 (includes shipping): This informative manual discusses the different types of business licenses available to Nevadans and includes the Secretary of State forms needed to incorporate each business type.

• Nevada Jury Instructions – Civil – 2011 Edition - $119 (includes shipping): This manual provides hundreds of sample jury instructions covering more than a dozen topics including: negligence, product liability and medical malpractice.

• The Offer of Judgment Flowchart - $25 (includes shipping): This easy-to-follow chart uses NRCP 68 and NRS 17.115 to help practitioners determine the proper offer of judgment for their case.

NEW Guide toTribal Courts�

of theInter-Tribal Council

of NevadaPatricia D. Cafferata, Esq.

Guide to Tribal Courts of the Inter-Tribal Council of Nevada – now available through the bar’s website – www.nvbar.org!

Guide to Tribal Courts of the Inter-Tribal Council of Nevada offers basic information for each of Nevada’s tribal courts, including the physical location of each court, their hours of operation and standards for admission. This product is only available via download.

The Nevada Family Law Practice Manual – 2013 Edition

The newest version of this popular manual includes expanded information on divorce and family law plus new chapters on reproductive technologies and domestic partnerships. Contact

the bar’s publications department at [email protected] to reserve your copy today!


Great Strides continued from page 25solicit charitable contributions in Nevada and also requires solicitations to disclose whether the contribution is tax de-ductible. The purpose of this bill is to protect consumers against potential scams and to provide more transparency about the entities soliciting charitable contributions in Ne-vada.

Senate Bill 516 revises the procedural and licensing re-quirements for enforcing the Master Settlement Agreement (MSA) with the nation’s tobacco companies. This bill will al-low the Nevada Attorney General’s office to more effectively enforce the MSA, which brings in approximately $40 mil-lion annually to our State for related health care expenses and also funds the Millennium Scholarship.

I am very pleased with the work our office dedicated to this legislative session and greatly appreciative of all of the tremendous support of Nevada legislators, community lead-ers, and Nevadans on all sides of the issues who voiced their support and concerns on our bills.

Catherine Cortez Masto has been the Nevada Attor-ney General since January 2007. General Masto has worked on many issues, which include mortgage fraud, cyber bull-ing, sex trafficking, senior citizen protection, substance abuse, domestic violence against women, and consumer protection. She served as the 2012-2013 chair of the Con-ference of Western Attorneys General and a 2012-2013 ex-ecutive committee member of the National Association of Attorneys General.

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Tips on Appearing before Administrative Hearing Officers

By Heather Anderson-Fintak, Esq.

Administrative hearings are not the norm for most attorneys. Yet, if a client has one along with other matters, it is best to know how to handle the situa-

tion besides just appearing at a hearing. Here are some tips regarding lesser common administrative hearings.

Unemployment Insurance Appeals Referee hearings

In general, former employees are entitled to unem-ployment insurance benefits if their employment was ter-minated without misconduct or they quit voluntarily with good cause. Review NRS 612 and relevant Nevada case law. Anyone with more than 90 days employment may be eligible for benefits.

The initial application can be handled by the individu-als/claimants. A hearing will be scheduled only if there is an appeal filed by either the claimant or the employer. A hearing can be conducted over the phone or in person; in person hearings can be requested. Claimants and employers may be represented by anyone of their choosing; it does not need to be an attorney. This is the parties’ only opportunity to present evidence and testimony. Hearings are scheduled in 60-minute time slots. If the hearing requires additional time, depending on the appeal referee’s schedule, the case will be continued to another day, likely between ten days and two weeks later.

If possible, submit evidence ten days prior, to the scheduled hearing date. No opening statements are allowed. The first issue addressed is evidence already submitted and its relevance. Employers are the first ones questioned by the referee, if the claimant was terminated; if the claimant vol-untarily quit, the claimant will be questioned first. Attor-neys may question their clients after the referee, as well as cross examine the opposing party after the direct.

In general, the appeal referees do not like attorneys to come in and put on a show. Objecting and making a record is fine, but understand that the rules of evidence are only loosely followed. The referees are fact finders. They have the ability to interrupt, ask their own questions, and control the questioning. While I have once objected to a referee’s line of questioning and had my objection sustained, as a general

rule, I would not recommend it.At the end, each side has an opportunity to give a clos-

ing statement. Only cite relevant case law. There are actually a dozen relevant Supreme Court of Nevada cases on unem-ployment insurance benefits (Kolnick, Evans, Bundley, etc.) Do not demonstrate lack of preparation by citing workmen’s compensation or other employment law cases.

Decisions are not rendered at the hearing. Written de-cisions are sent out between one to two weeks following the hearing. An appeal to the Board of Review needs to be sub-mitted within 10 days of receipt. Either party may appeal the final agency decision to the District Court in accordance with NRS 233B.

Southern Nevada Health District Appeal hear-ings

The Health District’s Environmental Health Division regulates restaurants, public pools, body artists, food han-dlers, illegal dumping, septic systems, public accommoda-tions, etc. Administrative hearings are automatically set for Solid Waste Notice of Violations, but an aggrieved party may request a hearing for any Order or Notice within five days of receipt.

Hearings are scheduled at a minimum of once per month. Depending on the subject area, the relevant NRS/NACs are located at 439, 444, 446, and 447, as well as pro-gram regulations. Subpoenas can be issued upon request. Continuances are generally granted only once.

The hearings are conducted like public meetings. For example, there are two public comment periods and anyone is allowed to come and observe the proceedings. While all of the matters are calendared for the same time, cases can be called out of order. Attorneys who make their appearance known will be given priority.

This is the only opportunity for testimony and to sub-mit evidence. There is no opportunity to provide an opening statement. Direct and cross examination of witnesses, as well as questions by the hearing officer, are allowed. The rules of evidence are loosely followed. At conclusion, the parties are allowed a closing argument. The Health District must prove its case by the preponderance of the evidence. The hearing


officer will make a decision at the conclusion of the hearing and a written order is issued. Either party may appeal the case to the District Court in accordance with NRS 233B.

Other administrative hearingsMany other types of administrative hearings exist,

such as Clark County administrative appeals, Regional Transportation Authority, Southern Nevada Regional Hous-ing Authority, Nevada Health & Human Services’ Division of Welfare and Supportive Services, Social Security’s Office of Disability Adjudication and Review, etc. The number one mistake that attorneys make at these hearings is to show up and think that they are helping their client just by being an attorney. Without some basic knowledge of the procedural elements of the proceedings, prior acknowledgement of rep-resentation, and the particular area of the law, an attorney may be more harmful to a client proceeding pro se. The ma-jority of these proceedings are organized in such a way to allow a pro se individual to have his/her opportunity for due process. Respecting these agencies’ proceedings and having a legitimate legal argument will go a long way in helping a client succeed. Lastly, obtain enough knowledge to advise a client when to settle a matter.

Heather Anderson-Fintak is the associate attorney with the Southern Nevada Health District and prosecu-tor for administrative environmental health cases. She has been with the Health District since October, 2012. Prior to the Health District, Heather was a legal services attorney for 10 years in Nevada and Maryland.

Editors spend between three and five hours per month per-forming their assigned duties. Candidates must be attoney members who can provide writing samples and commit

to learn and follow the publication’s format, style guides, and editorial policies. Editing assignments require fast turn-around. Editors attend meetings of the Publications Committee which meets regularly on the first Tuesday of the month from 12:00 p.m. to 1:00 p.m. at CCBA, 725 S. 8th Street, Las Vegas, NV 89101.

Submit letters of interest and writing samples to: Airene Williamson, Esq. at [email protected].

For more information, call Airene at (702) 323-3311 or the committee liasion Steph Abbott at (702) 387-2270.

Copy Editor Needed!


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Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature en-

acted Senate Bill No. 374 during its recently completed 77th Regular Session, and the Governor signed it into law on June 12, 2013. Senate Bill No. 374 (“SB 374”) provides for the reg-istration of medical marijuana establishments authorized to cultivate, dispense, and manufacture marijuana prod-ucts for sale to persons authorized to engage in the medi-cal use of marijuana. The full text of SB 374 can be found at https://nelis.leg.state.nv.us/77th2013/App#/77th2013/Bill/Text/SB374. The new law amends and expands upon exist-ing state law, NRS 453A.010 et seq., by now specifying the manner in which authorized patients are to obtain medical marijuana.

Implementation of SB 374The Nevada Division of Public and Behavioral Health

(the “Division”), an arm of the Nevada Department of Health and Human Services, is the state agency charged with regulating Nevada’s medical marijuana program and implementing the new law. By April 1, 2014, the Division must write and adopt regulations it determines necessary to: 1) prescribe the form for applications to become a registered medical marijuana establishment and medical marijuana establishment agent (i.e. employee of a registered establish-ment); 2) set forth rules pertaining to the safe and healthful operation of establishments; 3) establish maximum fees; 4) determine the amount of usable marijuana that a dispensary may dispense to registered patients; 5) protect the identity and personal information of each person who receives, facil-itates, or delivers medical marijuana services; 6) establish a system to register and track physicians who advise patients; 7) establish categories of agent registration cards and cri-teria for training and certification; and 8) provide for and maintain a log of each person authorized to cultivate, grow,

or produce marijuana. Any regulations adopted by the Divi-sion must comply with the Nevada Administrative Proce-dure Act, NRS 233B.010 et seq.

The new law allows registration of the following types of medical marijuana establishments: 1) an independent testing laboratory; 2) a cultivation facility; 3) a facility for the production of edible marijuana products or marijuana-infused products; and 4) a dispensary. An “independent testing laboratory” is a business which tests marijuana and related products to accurately determine: 1) the concentra-tion of THC and cannabidiol; 2) whether the product is or-ganic or non-organic; 3) the presence and identification of molds and fungus; and 4) the presence and concentration of fertilizers and other nutrients. A “cultivation facility” is a business that acquires, cultivates, supplies or sells marijuana and related supplies to dispensaries, production facilities, or other cultivation facilities. A “facility for the production of edible marijuana products or marijuana-infused products” is a business that acquires, manufactures, supplies or sells edible marijuana products or marijuana-infused products to dispensaries. A “medical marijuana dispensary” is a busi-ness that sells or dispenses marijuana or related supplies and educational materials to registered patients holding a valid registry identification card. The Division issues a registry identification card to persons exempt from state prosecution for engaging in the medical use of marijuana under NRS 453A.140. Registered dispensaries are also authorized to sell products to nonresidents who are entitled to engage in the medical use of marijuana in their home state.

Prospective medical marijuana establishment opera-tors must submit an application to the Division. Applica-tions will be available following adoption of the regulations described above, but no later than April 1, 2014. Each ap-plication must include the following: 1) a one-time, non-refundable application fee of $5,000 plus the actual costs incurred by the Division in processing the application; 2) the legal name of the proposed establishment; 3) the physi-cal address of the proposed establishment; 4) evidence that the applicant controls not less than $250,000 in liquid assets; 5) evidence that the applicant owns the proposed establish-ment property or has written permission of the property

Nevada’s New Medical Marijuana Law—Now What?

By Neal Tomlinson, Esq.

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.


owner to operate the establishment on that property; 6) fin-gerprints for each proposed owner, officer or board member of the proposed establishment for a criminal history report from the Federal Bureau of Investigation; 7) the name, ad-dress and date of birth of each proposed owner, officer or board member; 8) the name, address and date of birth of each person who is proposed to be employed by the estab-lishment; 9) operating procedures of the proposed establish-ment to ensure adequate security measures and the use of an electronic verification system and an inventory control system; 10) proposed operating procedures for handling of products; and 11) proof of licensure or a letter from the ap-plicable local government authority certifying that the pro-posed establishment is in compliance with applicable zon-ing restrictions.

Persons who volunteer or work as employees at medical marijuana establishments as agents must also be registered with the Division. Such persons must submit fingerprints to the Division for a criminal history report from the Fed-eral Bureau of Investigation and pay an annual fee of $75. Persons who have been convicted of certain excluded felony offenses or are under 21 years of age cannot be registered as establishment owners, officers, board members or agents.

Medical Marijuana continued on page 32Stephen Smith, Esq.for CCBA’s CLE Committee

Produced By:



• Friend/family mem-ber in jail: How to get them out!

• Represent family/friends or refer them out?

• Prepare a defense: first steps

• Basic dlements of DUI/DWI

• Extrapolation• McNeely and forced

blood draws• DUI drugs• When to plead guilty• What is or is not a

defense• Calling off a case: How

to stay on the pros-ecutor’s good side.

• When to go to trial• Issues on appeal

A CLE seminar presented by the Clark County Bar Association

Friday, October 4, 20131:00 to 3:15 p.m.

DUI for the Non-DUI Practitioner

Clark County Bar Association725 S. 8th Street Las Vegas, NV 89101


Speakers:

Craig A. Mueller, Esq.Mueller Hinds & Associates

Bruce W. Nelson, Esq.Chief Deputy District AttorneyClark County DA’s Office - Criminal Division

Clark County Bar AssociationP.O. Box 657, Las Vegas, NV 89125Fax: (702) 387-7867Phone: (702) 387-6011.

Topics:

Register by Thursday, October 3, 2013.Limited seating available.Registration forms available at clarkcountybar.org, request from CCBA at (702) 387-6011, or send e-mail to [email protected].

Sponsored by

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Now accepting appointments.

www.gillockandassoc.comF: (702) 385-2604

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EXPERIENCED ARBITRATOR & MEDIATOR

GERALD I. GILLOCK, ESQ.


Limitations on Number of Registration Certifi-cates and Criteria of Merit

The Division may only issue registration certificates to a limited number of dispensaries: 40 dispensaries for a county whose population is 700,000 or more (currently only Clark County); 10 for a county whose population is 100,000 or more but less than 700,000; 2 for a county whose pop-ulation is 55,000 or more but less than 100,000; and 1 for any other county. With respect to non-dispensary estab-lishments (i.e. independent testing laboratories, cultivation facilities, and production facilities), the Division must de-termine the appropriate number of registration certificates necessary to serve and supply the registered dispensaries. Among other limitations, any one person, group of persons or entity may not receive more than 10 percent of the reg-istration certificates otherwise allocable in a county whose population is 100,000 or more.

In addition to the general application requirements discussed above, the Division must consider the following criteria of merit before issuing a registration certificate: 1) the applicant’s total financial resources; 2) the applicant’s previous experience operating other businesses or nonprofit organizations; 3) the applicant’s educational achievements; 4) the applicant’s demonstrated knowledge or expertise with the compassionate use of marijuana to treat medical condi-tions, if any; 5) whether the proposed location of the pro-posed establishment would be convenient to serve the needs of registered patients; 6) the likely impact of the proposed establishment on the community in which it is proposed to be located; 7) the adequacy of the size of the proposed estab-lishment to serve the needs of registered patients; 8) whether the applicant has an integrated plan for the care, quality and safekeeping of medical marijuana from seed to sale; 9) the amount of taxes paid to, or other beneficial financial contri-butions made to, the State or its political subdivisions by the applicant; and 10) any other criteria of merit that the Divi-sion determines to be relevant.

Successful applicants must also pay a fee, in addition to the application fee, for the initial issuance of a registra-tion certificate as follows: $30,000 for a dispensary, $3,000 for a cultivation facility, $3,000 for a production facility, and $5,000 for an independent testing laboratory. Annual re-newal fees range from $1,000 to $5,000.

Excise TaxesAn excise tax of two percent is imposed on each whole-

sale sale of marijuana products between establishments, and on each retail sale from a dispensary to an end user. The excise tax on retail sales is in addition to the state and local sales and use taxes that are otherwise imposed on the sale of tangible personal property. Seventy-five percent of the rev-

Medical Marijuana continued from page 31

Anthony Ciulla, Esq.for CCBA’s CLE Committee

Produced By:



Learn how to efficiently litigate mechanic’s liens, stop work rights and prompt payment claims in Nevada.



The Simple Mechanics of the Mechanic’s Lien



Speaker:

Richard Peel, Esq.Peel Brimley, LLP


Course Description:


Sponsored by

• Mechanic’s Liens

• Right to Stop Work

• Prompt Payment Claims for Public Works

Topics:


enue collected from these excise taxes must be deposited to the credit of the State Distributive School Account in the State General Fund, and twenty-five percent to the Division to pay its regulatory costs.

Although Nevada is one of twenty states and the Dis-trict of Columbia to legalize medical marijuana consump-tion, the issuance of a Nevada registry identification card or an establishment registration certificate does not exempt the holder from potential prosecution under federal law. How-ever, the U.S. Department of Justice recently announced it would take a “trust but verify approach” to the state laws, while reserving its right to file a federal preemption lawsuit at a later date. There are also at least two bipartisan bills pending in Congress, and the U.S. Senate Judiciary Com-mittee has scheduled a hearing in September to discuss the ongoing conflict between state and federal marijuana laws, which together could eliminate the conflict or at least fur-ther clarify federal enforcement policy.

Neal Tomlinson is a partner at Snell & Wilmer L.L.P. where his practice is concentrated in the areas of adminis-trative law and government relations, including regulatory compliance, licensing, and related business litigation. He has been selected to the 2013 Mountain States Super Law-yers® in Administrative Law, and can be reached at [email protected].

Stephen Smith, Esq.for CCBA’s CLE Committee

Produced By:



• Proposed Amendments to EDCR

• The Process for Noticing an Objection to an R&R

• The Rule Governing Objections

• Jurisdictional Issues


Thursday, October 17, 20131:00 to 3:15 p.m.

Probate: “What You Want to Know but Were Afraid to Ask”



Speakers:

Hon. Wesley F. YamashitaProbate CommissionerEighth Judicial District Court

Hon. Gloria J. SturmanJudge, Dept. 26Eighth Judicial District Court


Topics:

Register by Wed., October 16, 2013.Limited seating available.Registration forms available at clarkcountybar.org, request from CCBA at (702) 387-6011, or send e-mail to [email protected].

Sponsored by

Bert O. MitchellMediation & Arbitration

(702) [email protected]


Offer in Compromise—A Method to Permanently Settle Taxes Due

By Kirk D. Kaplan, Esq., CPA

You may not have heard of an “Offer in Compromise,” but you likely have heard these messages on the ra-dio or TV: “We’ve helped thousands of people settle

their tax debts for a fraction of the amount owed.” or “We stop wage garnishments, levies, property seizures, and un-bearable monthly payments.” While highly touted and ad-vertised, in reality, despite the IRS announced Fresh Start Program, where acceptance standards have been loosened, the Offer In Compromise (OIC) program provides relief to a very limited number of taxpayers nationwide–about 20,000 in 2011, and 24,000 in 2012.

OIC is an IRS program available to taxpayers to per-manently settle their tax debt for less than the amount owed. Generally, an OIC is approved when the amount a taxpayer offers represents the most the IRS can expect to collect with-in a reasonable period of time (usually 24 months). In 2012, the IRS revised how it processed OIC applications, allowing flexibility in certain areas, and streamlining the financial evaluation process. The expansion aimed to cover a larger group of struggling taxpayers and promised to resolve tax problems faster. One change is that asset valuations and fu-ture income thresholds have been lowered. IRS, “Collection Financial Standard,” http://www.irs.gov/Individuals/Col-lection-Financial-Standards; see also, IRM §5.15.1, “Finan-cial Analysis Handbook.” Another change is that the Na-tional Standard of allowed expenses has been expanded to include additional items, such as credit card payments, bank fees and charges, and the payments for loans guaranteed by the federal government for post-high school education.

The key to success in obtaining IRS acceptance of an OIC is to initially determine whether the client qualifies. Suggested initial inquiries are:

1. Is the taxpayer currently involved in a bankruptcy proceeding, and does the bankruptcy affect the applicable tax period(s)?

2. What are the amounts and type of taxes, and the period(s) involved?

3. If the taxpayer is self-employed and has employ-ees, has the taxpayer submitted all required federal tax deposits?

4. What is the attitude of the taxpayer to resolve tax-es due?

5. Does a preliminary evaluation of net assets and in-come exceed the taxes due?

6. Since the OIC is a last resort, has the taxpayer ex-hausted all other payment options with the IRS.? See IRS, “Offer in Compromise Pre-Qualifier,” http://irs.treasury.gov/oic_pre_qualifier/.

Types of OIC reliefTaxpayers can request OIC relief in two ways: (1) Doubt

as to Tax Liability (DATL), and (2) Doubt as to Tax Collect-ability (DATC). Before applying for an OIC, the taxpayer should sign a Power of Attorney (IRS Form 2848) covering the returns and periods of the tax controversy, granting the practitioner authority to speak to the IRS on behalf of the taxpayer. Even though the client may provide tax returns, a practitioner should also obtain tax transcripts for the peri-ods at issue. These transcripts provide information such as when and how the IRS has assessed the taxes and applied payments.

DATLDATL is applicable if the taxpayer can present facts

supporting a legitimate doubt regarding part or all of the taxes due. When applying for a DATL, no application fee or down payment is required.

The taxpayer must be clear on his or her intention to compromise the taxes based on a reasonable belief that the assessed taxes are incorrect. Internal Revenue Manual (“IRM”) §5.8.4.22.3(7). When the taxpayer presents infor-mation that raises doubt or supports facts that the assess-ment of tax is weak, the IRS will consider the DATL to avoid the hazards of litigation. IRM §5.8.4.22.3(6). One example of DATL is “innocent spouse” relief.

Caution should be foremost in mind when proceed-ing under DATL, because often taxpayers use the OIC as a way to protest the policy on taxation. Also, claims may be frivolous or do not raise a valid claim as to doubt of liability. Circular 230 (regulations governing practice before the IRS) imposes penalties on practitioners for disreputable conduct, including evading or attempting to evade income tax. IRM §5.8.4.22.3(8); Circ. 230 §10.51.


DATCIn a DATC, the IRS’s decision to accept an OIC rests

on whether the amount offered reflects the amount that can be collected by all available means, including administrative and judicial collection remedies. IRM §5.8.4.3(2). In deter-mining the amount the taxpayer can pay, the IRS considers outstanding taxes; the taxpayer’s monthly income and al-lowable expenses; net realizable asset equity; amounts col-lectible from third parties through administrative or judi-cial action; and assets and/or income that an IRS lien cannot attach, such as income and equity in assets located outside the United States. Allowable expenses are for rent, food, clothing, etc., that the IRS has determined is typically paid in the location where the taxpayer resides. Practitioners who help taxpayers with OICs quickly discover that allowable expenses are often significantly lower than actual expenses, and that the IRS simply does not recognize other payments taxpayers are legally obligated to pay. As such, most OIC ap-plications fail at this point.

An application for a DATC must be accompanied with an application fee and a deposit on the proposed settlement amount. IRC §7122(c). The deposit is either a Lump Sum or Periodic Payment. When a “Lump Sum Payment” is select-ed, the taxpayer pays 20% of the offered amount with the application, and agrees to pay the balance over 5 or fewer installments. With a “Periodic Payment,” the submitted down payment is equivalent to the first payment based on the proposed OIC terms that can extend up to 24 months. Regardless of the selected payment plan, the IRS will expect the payment schedule to be followed during the period the IRS evaluates the application.

The proposed DATC may be denied if the IRS deter-mines the taxpayer can pay in full. A DATC can also be de-nied if the offer is too low, or the payment terms extend be-yond 24 months. In the case of the latter two situations, the practitioner is encouraged to negotiate with the IRS until amounts and terms are mutually accepted or until an im-passe is reached.

If the IRS ultimately rejects the DATC, the application fees and the 20 percent down (or the periodic) payment will not be refunded to the taxpayer because both are consid-ered “payments on tax.” IRC §7122(c). In case the OIC ap-plication is rejected, when submitting any payment to the IRS, the practitioner should consider designating in writing where the payment should be applied when multiple periods are involved. Otherwise, all payments will be applied in the best interests of the government–first to penalties and in-terests and then to oldest period outstanding, if applicable.

Processing of OICIn 2012, the IRS loosened its criterion to begin pro-

cessing OIC applications where the taxpayer has failed to

file tax returns or comply with tax payments. If these are the only issues, then the IRS will begin the process of evaluat-ing the OIC application, but will not complete it until all tax returns are filed.

Once the IRS accepts the OIC application, in addition to payments according to the OIC, the taxpayer must timely file future returns and pay all applicable taxes during the payment period. If the taxpayer defaults on any of these re-quirements, the IRS will reinstate all compromised taxes, including penalties and interest, and will retain all pay-ments and apply the same in the government’s best interest.

Denial of the OICIf the taxpayer can pay in full, or has not exhausted

all other payment options with the IRS, the OIC application will likely be denied. Sometimes, an installment agreement may be easier to obtain than an OIC. If the taxpayer owes $10,000 or less, he or she will likely qualify for an install-ment agreement to pay the balance and avoid a federal tax lien. Ultimately, the taxpayer carries the burden to prove that all other payment options have been exhausted, and that the taxpayer is incapable of otherwise paying the taxes in full.

An Offer in Compromise is an option of last resort to pay taxes due. It applies to a very limited number of tax-payers. The expansion of IRS’s Fresh Start Initiative in 2012 creates the opportunity for practitioners to help taxpayers resolve their tax debts.

An attorney and Certified Public Accountant, Kaplan D. Kaplan is a partner at Roland & Kaplan. In addition to cases involving IRS representation and U.S. tax contro-versies, his practice focuses on estate planning and funding, business structures and maintenance, probate and trust administration, healthcare directives, powers of attorney, and guardianship matters. Kaplan is admitted to practice in Nevada and Colorado and before the U.S. District Court - Southern District of Nevada, the U.S. Tax Court, and the Supreme Court of the United States.

Special event!

“President’s Luncheon & Annual Meeting”

Thursday, December 12, 2013

Registrations due by Friday, December 6, 2013. See registration form on page 21.


Initial Practice Before the Immigration Court

By M. Edwin Prudhomme

Undocumented persons who are arrested, refused ad-mission at a port of entry, or otherwise found deport-able within the U.S., are often put in removal pro-

ceedings‒ quasi-judicial trials overseen by an Immigration Judge (IJ) (referred to in the statute and in old cases as a “special inquiry officer”). While an alien in immigration proceedings may be represented by an attorney of choice, unlike in criminal proceedings, the government is not obli-gated to provide that legal counsel. Most of the persons ap-pearing before the Court are not able to afford an attorney and are unrepresented. Accordingly, this is a great opportu-nity for young lawyers to obtain court experience acting as pro bono counsel.

However, for the uninitiated attorney, appearing be-fore the Immigration Court for the first time can be so un-like practicing before the local or federal court systems, the attorney may wonder just where they are. Even the admin-istrative and legal terms used here are different than those used in the general practice of law. For example, even though the client is standing, the Government’s attorney may plea that the client had not been admitted into the United States. The government may also assert that the client is “subject to the three or ten year bar” or “is not eligible for a 1-601 waiver or cancellation of removal.”

Fortunately, with a little advance knowledge, an attor-ney can successfully navigate these unfamiliar waters.

The Executive Office of Immigration Review (EOIR)

The Executive Office of Immigration Review is a divi-sion of the Justice Department that administers the Immi-gration Courts (“IC) and the reviewing court, the Board of Immigration Appeals (BIA). EOIR has established a formal set of procedures for the timing, presentation and accep-tance of evidence by the IJ, which can be found in the Im-migration Court Practice Manual (ICPM) (www.justice.gov/eoir/vll/libindex.html). The Manual informs counsel how to submit evidence and witness lists, file motions and prepare documentation, as well as describing procedures, require-ments, and recommendations for practice before the Courts. Each Immigration Court has a “Court Administrator” who

coordinates scheduling and filings, and interfaces with the parties before the court. This person is often the best contact person for questions and solving problems.

Attorneys must register with EOIR in order to practice before the IC. EOIR has the authority to impose disciplin-ary sanctions upon attorneys who violate the rules of pro-fessional conduct before the Board of Immigration Appeals, the Immigration Court, and the Department of Homeland Security.

After registering with the EOIR eRegistry, attorneys entering an appearance must file a Notice of Entry of Ap-pearance Before the Immigration Court (Form EOIR-28). It can be filed in electronic or paper form. Attorneys who enter an appearance before the Immigration Court have an affir-mative duty to keep the Court apprised of their current ad-dresses and phone numbers. In all instances of representa-tion, the Department of Homeland Security must be served with a copy of the Notice to Appear.

The Immigration Court system has specific directions for the method of filing documents, found in Chapter 3 of the ICPM. Also note that all documents filed with the Im-migration Court must be in the English language or accom-panied by a certified English translation. Ideally, documents should be filed with the Immigration Court Clerk 15 days in advance of hearings, although documents may be filed with the IJ during a hearing. A review of the ICPM will fur-ther explain that certain applications for relief and fees are not filed with the IC but with the Department of Homeland Security/Citizenship and Immigration Service (CIS) in ad-vance of the hearing dates.

IJ hearingsThere are two kinds of hearings: Master Calendar and

Individual Calendar. A respondent’s first appearance before an IJ in removal proceedings is at the master calendar hear-ing, held for pleadings, scheduling, and other similar mat-

Public speaking opportunities for CCBA attorneys might be available.Contact Steph at CCBA at (702) 387-6011.


ters. At the Master Calendar hearing, the respondent should be prepared to enter pleadings, and the IJ will set the indi-vidual calendar date to hear the case on its merits.

The Attorney of Record may request a Pre-hearing conference between the parties and the IJ to narrow issues, obtain stipulations between the parties, exchange informa-tion voluntarily, and otherwise simplify and organize the proceeding.

An Immigration Judge may conduct removal hearings: in person, by video conference or by telephone conference. Upon the request of the respondent/alien or the respondent’s attorney the IJ has the authority to waive the appearance of the respondent/alien.

During hearings, the IJ should be addressed as either “your honor” or “judge.” Attorneys appearing in the IC should respect the decorum of the court and appear in busi-ness attire. It is a good idea to sit in on a general calendar or individual calendar docket before appearing before the IJ for the first time. The well prepared attorney will have read the Immigration Act updated (INA); the Federal Regula-tions; the forms and instructions filed, and the case law that applies and pertains to the facts of the case.

Appeals If counsel is not satisfied with the decision of the Im-

migration Judges he/she may appeal the Board of Immi-gration Appeals. That is another set of rules of practice to follow. For detailed guidance on appeals, attorneys should consult the 8/A Practice Manuel which is available at www.justice.gov/eoir.

This is not a difficult practice; just another legal pro-cess to learn.

M. Edwin Prudhomme is a former U.S. Immigration Judge for the Executive Offices of Immigration Review. He has over fifty years of practice in the areas of immigration and nationality law and business immigration. Prudhom-me is a certified specialist in in the area of Immigration and Nationality Law by the Texas Board of Legal Specialization.

PRUDHOMME LAW OFFICE50 YEARS IMMIGRATION EXPERIENCE • AV RATING

(702) 413-6100 www.PrudhommeLawOffice.com

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

M. Edwin PrudhommeFormer Immigration Judge

Produced By: CCBA’s CLE Committee



• Inadvertent disclosure of evidence

• Withdrawal from representation – It’s not over till it’s over.

• Spoliation / Preservation

• When do the attorney client and work product privileges apply?

• How do I preserve the attorney-client work product privileges?

• How do these privileges apply to every-day practice?



Don’t be Scared by the Rules: Discovery, Spoliation, Withdrawal, & Claiming Privilege


Offers 1 Ethics CLE credit

Speakers: Bonnie BullaDiscovery CommissionerEighth Judicial District Court

Joe Garin, Esq.Lipson Neilson Cole Seltzer & Garin, PC


Topics:Bring your own lunch.We’ll provide drinksand treats!


Sponsored by


The week of October 21 to October 25 will mark the 5th Annual National Pro Bono Celebration week. The Celebration is a coordinated national effort to show-

case the great difference that pro bono lawyers make in our communities and with the clients they serve.

Whether you’re a seasoned volunteer or interested in getting involved for the first time, now is a great time to find an opportunity that will give you personal satisfac-tion, match your career interests and goals, and give you the opportunity to give back to the community. Throughout the month, you’ll find a number of special CLE trainings, Ask-A-Lawyer opportunities and recognition events. A few highlights include:

Free CLE Training and ProgrammingBasics of Representing Abused and Neglected Chil-drenFriday, October 11 - 1:30 p.m. to 4:30 p.m.Contact Sara Feest at [email protected] or visit www.lacsn.org/volunteers. Poverty Simulation and Basics of Landlord Tenant Law/ Public Benefits Monday, October 21 - 10:00 a.m. to 4:00 p.m. Contact Carmela Reed at [email protected] or (702) 386-0404, ext. 140.

Children’s Attorney Project (CAP) New Volunteer Orientation Thursday, October 24 - 8:30 a.m. to 9:30 a.m.Contact Sara at (702) 386-1070 ext. 1444 for informa-tion.Ask-A-Lawyer Events

Pro Bono Celebration Week Ask-A-Lawyer ProgramWednesday, October 23 - 9:00 a.m. to 11:30 p.m.Volunteers are needed to answer questions in areas, in-cluding Family, Consumer Fraud, Immigration, Bank-ruptcy, Foreclosure, Small Claims, Housing, Probate and more.

Landlord/Tenant Ask-A-Lawyer Program (Volun-teers needed every Wednesday.)Wednesday, October 23 - 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m.

Family Law Ask-A-Lawyer Program (Volunteers needed every Thursday.)Thursday, October 24 - 2:00 p.m. to 5:00 p.m.

Attorneys interested in volunteering for any of the above events may contact Sara at [email protected] or (702) 386-1070, ext. 1444. Be sure to ask about free training!

Celebrations and Mixers:Volunteer of the Month PresentationWednesday, October 23 - Noon to 1:00 p.m.Visit www.lacsn.org/nominate to nominate a col-league or contact Melanie at [email protected].

Nevada Legal Services Champion of Justice Awards LuncheonWednesday, October 23 - 11:30 a.m. to 1:30 p.m. Contact Carmela at [email protected] or 702.386.0404, ext. 140 for information.

Access to Justice Commission Celebration MixerDetails still pending. Contact Angela Washington at [email protected] or (702) 382-2200 for an update.

Melanie Kushnir, Esq. is the Pro Bono Project Direc-tor at Legal Aid Center of Southern Nevada. She can be reached at 386-1070, ext. 1429 or [email protected]. For questions about Celebration Week or to view an updated list of activities, contact Angela at [email protected] or visit the ONE Promise Nevada campaign website at www.onepromisenevada.org.

Pro Bono Corner

Celebrate Pro Bono Week 2013!

By Melanie Kushnir

http://www.lacsn.org/volunteers

http://www.lacsn.org/volunteers


COMMUNIQUÉFALL ADVERTISING SPECIALS

Place an ad before December 23, 2013!

Additional Discounts Available• CCBA Member Discount: CCBA Members have a choice of either 10% off of ad rate or free ad design with

artwork built by CCBA to required dimensions and format required. CCBA members do not receive the discount if artwork submitted does not meet these artwork requirements.

• Agency Discount: Recognized advertising agencies onlY receive a 15% discount. CCBA members represented by an ad agency do not receive both the agency discount and the member discount.

Rates, Artwork Specifications, & Policies AvailableAll advertisers (display and classified) must adhere to size specification, standards and policies contained on the publication’s official rate/spec sheet. The official rate/spec sheet is available upon request from the Clark County Bar Association, (702) 387-6011, www.clarkcountybar.org.

Display Ad Rates – Black & White (Grayscale) 1x 3x 6x 12x $733.16 $696.51 $659.85 $623.19 1x 3x 6x 12x $148.84 $141.39 $133.96 $126.51 $292.16 $277.56 $262.95 $248.34 $407.93 $387.53 $367.13 $346.74 $663.94 $602.24 $570.55 $538.85

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NOTES: All display ad rates listed reflect gross cost per insertion. Inside back is the only cover placement currently available.

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COMMUNIQUÉ October 201340

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CLE Audio Visual CatalogClark County Bar Association

2013 Audio/Visual CLE Catalog

Clar

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Bar Associatio

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Order these titles & more from CCBA!Want to request the PDF form by phone or e-mail? Contact CCBA at (702) 387-6011 or [email protected].

CCBA CLE seminars are proudly sponsored by the Bank of Nevada and Depo International.

Various formats available: DVD, Audio CD, MP3, MP4.

IME vs. Treating Physician – Spine SurgeryJune 2013 • DVDAndrew Cash, M.D., Desert Institute of Spine Care, Brett A. Carter, Esq., Benson Bertoldo Baker & Carter, Chtd., and Tom Winner, Esq., Atkin Winner & Sherrod2 General CLE Credits$50/CCBA Member, $90/Non-member

4th Annual Asset Protection – A Practical PrimerJune 2013 • DVDJacob Stein, Esq., Klueger & Stein, LLP3 General CLE Credits$75/CCBA Member, $135/Non-member

4th Annual Solo & Small Firm Ethical TrapsMay 2013 • DVDDennis Kennedy, Esq., Bailey Kennedy, LLP and David Merrill, Esq., David J. Merrill, PC2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

DUI with the Grand MastersApril 2013 • DVD Bruce W. Nelson, Esq., District Attorney’s Office Criminal Division & John G. Watkins, Esq., Law Offices of John G. Watkins2 General CLE Credits$50/CCBA Member, $90/Non-member

Family Law War Stories: How to Avoid a Bar ComplaintApril 2013 • DVDMichael J. Warhola Esq., Michael J. Warhola, LLC1 Ethics CLE Credit$25/CCBA Member, $45/Non-member

3rd Annual Legal Options for the Nevada HomeownerJanuary 2013 • MP3Tara Newberry, Esq., Connaghan Newberry Law Firm2 General CLE Credits$50/CCBA Member, $90/Non-member

Maximizing Your Chances for a Successful MediationDecember 2012 • MP3Eleissa Lavelle, Esq., Mediator-Arbitrator, JAMS The Resolution Experts2 General CLE Credits$50/CCBA Member, $90/Non-member

The Skinny on Landlord / Tenant Commercial & Residential LawNovember 2012 • MP3Steven Marzullo, Esq., Marzullo, Ltd. and Anthony Ciulla, Esq., Deaner Malan Larsen & Ciulla2 General CLE Credits$50/CCBA Member, $90/Non-member

9th Annual Ethical IssuesNovember 2012 • 1 DVD / MP3 / MP4Speaker: Dennis Kennedy, Esq., Bailey Kennedy, LLP2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Drafting the Bullet Proof ComplaintOctober 2012 • 1 DVD / MP3 / MP4Speakers: Hon. Nancy Allf, Hon. Susan Scann, Hon. Gloria Sturman, 8th Judicial District Court; and Tami Cowden, Esq., Greenberg Traurig, LLP2 General CLE Credits$50/CCBA Member, $90/Non-member

Family Law: Liens, Judgments, Enforcements – Adjudicating an Attorney’s Lien After ArgentenaSeptember 2012 • MP3Speakers: Marshall S. Willick, Esq. and Trevor M. Creel, Esq., Willick Law Group2 General CLE Credits$50/CCBA Member, $90/Non-member

Judgment EnforcementJune 2012 • 1 DVD / MP3 / MP4Speakers: Hon. Susan Johnson, 8th Judicial District Court, Dept. 22 and Paul C. Ray, Esq., Paul C. Ray Chtd.2 General CLE Credits$50/CCBA Member, $90/Non-member

How to Use a Deposition at TrialMay 2012 • 1 DVD / MP3 / MP4Speaker: Hon. Bonnie Bulla, Discovery Commissioner, 8th Judicial District Court1 General CLE Credit$25/CCBA Member, $45/Non-member

Update on DUI/DWI – Recent Developments – Armstrong and ExtrapolationApril 2012 • 1 DVD / MP3 / MP4Speakers: Daniel J. Albregts, Esq., Daniel J. Albregts, Ltd.; Bruce W. Nelson, Esq., Clark County District Attorney’s Office; Craig A. Mueller, Esq. and Michael J. Morey, Esq., Mueller, Hinds and Assoc.2 General CLE Credits$50/CCBA Member, $90/Non-member

3rd Annual Asset Protection – A Sophisticated Primer for Lawyers.April 2012 • 1 DVD / MP3 / MP4Speaker: Jacob Stein, Esq., Klueger & Stein, LLP3 General CLE Credits$75/CCBA Member, $135/Non-member


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Drafting Child Support OrdersMarch 2012 • 1 DVD / MP3 / MP4Speakers: Ann Barringer Murray, Esq., Chief Dep. DA, Family Support Division and Jeffrey J. Witthun, Esq., Asst. Director, Family Support Division2 General CLE Credits$50/CCBA Member, $90/Non-member

3rd Annual Solo & Small Firm Ethical TrapsMarch 2012 • 1 DVD / MP3 / MP4Speakers: Dennis Kennedy, Esq., Bailey Kennedy, LLP and David Merrill, Esq., David J. Merrill, PC2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Pro Bono: Fulfilling Your Ethical DutyMarch 2012 • 1 DVDSpeakers: Hon. Cam Ferenbach, U.S. Magistrate Judge, District of Nevada and Melanie Kushnir, Pro Bono Project Director, LACSN1 Ethics CLE Credit$25/CCBA Member, $45/Non-member

2011 Nevada Supreme Court SummariesMarch 2012 • 1 DVD / MP3 / MP4Speaker: Dan Polsenberg, Esq., Lewis and Roca LLP2 General CLE Credits$50/CCBA Member, $90/Non-member

8th Annual Ethical IssuesNovember 2011 • 1 DVDSpeakers: Dennis L. Kennedy, Esq., Bailey Kennedy and John Shook, Esq., Chair, State Bar of NV Client Security Fund Committee, Shook & Stone, Chtd.2.5 Ethics CLE Credits$60/CCBA Member, $100/Non-member

Probate Court – A Survival GuideNovember 2011 • 1 DVDSpeaker: Probate Commissioner Wesley Yamashita, 8th Judicial District Court2 General CLE Credits$50/CCBA Member, $90/Non-member

Legal Writing: Judges’ Pet Peeves & How to Avoid ThemNovember 2011 • 1 DVDSpeakers: Hon. Nancy Allf, Hon. Gloria Sturman, Hon. Susan Scann, Eighth Judicial District Court; and Tami D. Cowden, Esq., Greenberg Traurig, LLP2 General CLE Credits$50/CCBA Member, $90/Non-member

Pet Law: What You Need to Know About Everyone’s Best FriendOctober 2011 • 1 DVDSpeakers: Hon. Kathleen Delaney, 8th Judicial Dist. Court, Dept. 25 and Elise “Ledy” Van Kavage, Esq., Sr. Legislative Attorney, Best Friends Animal Society, Kanab, UT3 General CLE Credits$75/CCBA Member, $135/Non-member

Spine “IME” – From Exam to TrialOctober 2011 • 1 DVDSpeakers: Andrew Cash, M.D., Desert Institute of Spine Care; Brett A. Carter, Esq., Benson Bertoldo Baker & Carter, Chtd. and Tom Winner, Esq., Atkin Winner & Sherrod2 General CLE Credits$50/CCBA Member, $90/Non-member

How to Read Your Witness: Interviewing, Interrogation, & Body LanguageOctober 2011 • 1 DVDSpeakers: Dr. Jack Brown, Body Language Expert and Robert Griffin, Detective, City of Henderson3 General CLE Credits$75/CCBA Member, $135/Non-member

When Attorneys Leave a Firm – How “Not” to LeaveOctober 2011 • 1 DVD / MP3 / MP4Speakers: David Clark, Bar Counsel, State Bar of NV and Joe Garin, Esq., Lipson Neilson Cole Seltzer Garin, PC2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Legal MalpracticeSeptember 2011 • 1 DVD / MP3 / MP4Speakers: Joe Garin, Esq., Lipson Neilson Cole Seltzer Garin, PC and Robert Murdock, Esq., Murdock & Assoc.2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Money Laundering for Lawyers: How Lawyers & Clients Get ExposedAugust 2011 • 1 DVD / MP3 / MP4Speakers: David Hannuksela, CPA, CFE and Detective Thomas Maddox, Organizational Development Bureau – Advanced Training, LVMPD2 General CLE Credits$50/CCBA Member, $90/Non-member

Legal Options for the NV Homeowner– Our Current StateJuly 2011 • 1 DVD / 2 Audio CDsSpeaker: Tara Newberry, Esq., Connaghan Newberry Law Firm2 General CLE Credits$50/CCBA Member, $90/Non-member Rolling Stoned: MJ & DUI with the GrandmastersJune 2011 • 1 DVD / 2 Audio CDsSpeakers: Bruce W. Nelson, Esq., District Attorney’s Office Criminal Division and John G. Watkins, Esq., Law Offices of John G. Watkins2 General CLE Credits$50/CCBA Member, $90/Non-member

Learning the Fundamentals of Business Court PracticeMay 2011 • 1 DVD / 2 Audio CDsSpeakers: Hon. Elizabeth Gonzalez, Dept. 11; Hon. Mark Denton, Dept. 13; and Hon. Kathleen Delaney, Dept. 25; 8th Judicial District Court1.5 General CLE Credits$35/CCBA Member, $55/Non-member

Life After Moon: Arbitration, Discovery & 16.1May 2011 • 1 DVD / 1 Audio CDSpeakers: ADR Commissioner Chris Beecroft, Jr. and Discovery Commissioner Bonnie Bulla, 8th Judicial District Court1 General CLE Credit$25/CCBA Member, $45/Non-member

Ins & Outs of a Reaffirmation Agreement in BankruptcyMay 2011 • 1 DVD / 1 Audio CDSpeaker: Marjorie A. Guymon, Esq., Goldsmith & Guymon, P.C.1 General CLE Credit$25/CCBA Member, $45/Non-member

NV Court – Annexed ArbitrationMay 2011 • 1 DVD / 1 Audio CDSpeaker: Richard C. Sipan, Esq., Sole Practitioner1 General CLE Credit$25/CCBA Member, $45/Non-member

Rent (or purchase) CLE titles today! Complete the order form on page 41 and submit with payment to Clark County Bar Association. Want to attend a live seminar? Check out the calendar on pages 6 and 8 and at www.clarkcountybar.org!

CLE catalog continued on page 44

COMMUNIQUÉ October 201342

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The Client as Hero: Using Fiction Techniques in Persuasive WritingOctober 2010 • 1 DVD / 1 Audio CDSpeaker: Tami D. Cowden, Esq., Greenberg Traurig, LLP1 General CLE Credit$25/CCBA Member, $45/Non-member

Landlord Tenant Eviction Law in Today’s Troubled EconomyOctober 2010 • 1 DVD / 3 Audio CDsSpeakers: Hon. Melissa Saragosa, Las Vegas Justice Court; Anthony Ciulla, Esq., Deaner Deaner Scann Malan & Larsen; and Steven Marzullo, Esq., Marzullo, Ltd.3 General CLE Credits$75/CCBA Member, $135/Non-member

Win Your Appeal at Trial: Ten Tips for Trial Lawyers to Improve the Case on AppealSeptember 2010 • 1 DVD / 1 Audio CDSpeaker: Tami D. Cowden, Esq., Greenberg Traurig, LLP1 General CLE Credit$25/CCBA Member, $45/Non-member

7th Annual Ethical IssuesSeptember 2010 • 1 DVD / 2 Audio CDsSpeaker: Dennis L. Kennedy, Esq., Bailey Kennedy, LLP2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

The Ethics of Social MediaAugust 2010 • 1 DVD / 2 Audio CDs / MP4Speakers: Craig Henderson, Esq., Bailey Kennedy and Michael Sommermeyer, Public Relations Strategist & Writer, Wordymouth.com1 Ethics & 1 General CLE Credits$50/CCBA Member, $90/Non-member

Legal Options for the Nevada HomeownerJuly 2010 • 1 DVD / 2 Audio CDs / MP4Speakers: Tara Newberry, Esq., Deaner Deaner Scann Malan & Larsen & Julie Clifford, CPA2 General CLE Credits$50/CCBA Member, $90/Non-member

Legal Writing: 10 Things I Love/Hate About WritingJuly 2010 • 1 DVD / 1 Audio CDSpeaker: Tom Ryan, Esq., Lewis & Roca, LLP1 General CLE Credit$25/CCBA Member, $45/Non-member

Spotlight on Electronic Discovery: What Every Attorney Needs to KnowJuly 2010 • 1 DVD / 2 Audio CDs / MP4Speakers: Discovery Commissioner Bonnie Bulla, 8th Judicial District Court and Michael Swarz, J.D., eClaris, Inc.1.5 General CLE Credits$35/CCBA Member, $55/Non-member

Open Meeting Law for Private & Public Lawyers – A PrimerJune 2010 • 1 DVD / 2 Audio CDsSpeaker: George Taylor, Esq., Senior Deputy Attorney General2 General CLE Credits$50/CCBA Member, $90/Non-member

Discovery, Spoliation, & Withdrawal – Coming to a Courtroom Near You!May 2010 • 1 DVD / 1 Audio CD / MP4Speakers: Discovery Commissioner Bonnie Bulla, 8th Judicial District Court and Joe Garin, Esq., Lipson Neilson Cole Seltzer & Garin, PC1 General CLE Credit$25/CCBA Member, $45/Non-member

The ABCs of ProbateMay 2010 • 1 DVD / 2 Audio CDs / MP4Speaker: Probate Commissioner Wesley Yamashita, 8th Judicial District Court2 General CLE Credits$50/CCBA Member, $90/Non-member

Juvenile Dependency Law: Overview & UpdatesMay 2010 • 1 DVD / 2 Audio CDsSpeakers: Ronald Cordes, Esq., Chief Deputy DA – Juvenile Division; Michael Hyte, Esq., Deputy Special Public Defender; Melinda Simpkins, Esq., Deputy Special Public Defender; and Christopher Tilman, Esq., Sole Practitioner1.5 General & .5 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Asset Protection in a Troubled EconomyApril 2010 • 1 DVD / 3 Audio CDs / MP4Speaker: Jacob Stein, Esq., Klueger & Stein, LLP3 General CLE Credits$75/CCBA Member, $135/Non-member

Top Ten Mistakes Trial Lawyers Make on AppealApril 2010 • 1 DVD / 2 Audio CDs / MP4Speaker: Tami Cowden, Esq., Greenberg Traurig, LLP2 General CLE Credits$50/CCBA Member, $90/Non-member

General Practice 101: Avoiding Solo/Small Firm Ethical TrapsMarch 2010 • 1 DVD / 4 Audio CDs / MP4Speakers: John Aldrich, Esq., Aldrich Law Firm; Gayle Nathan, Esq., Gayle Nathan, APLC; Dennis Kennedy, Esq., Bailey Kennedy, LLP; and Bill Kapalka, Esq., Sole Practitioner2.5 Ethics & .5 General CLE Credits$75/CCBA Member, $135/Non-member

Direct & Cross Examination of IMEsJanuary 2010 • 1 DVD / 2 Audio CDs / MP4Speakers: George Hand, Esq., Hand Page & Sullivan; Brett Carter, Esq., Benson Bertoldo Baker & Carter; and Clive Segil, M.D., Orthopedic Surgeon2 General CLE Credits$50/CCBA Member, $90/Non-member

** NOTICE ** If you order CLE seminars recorded in 2010 and want to apply those credits toward your 2013 CLE requirements, you must view or listen to them by December 31, 2013.

CLE catalog continued from page 43Practical Internet for LawyersPart 2: The Surprising Truth About Law Firm MarketingPart 3: Public Relations & Social Media for Law FirmsApril & May 2011 • 1 DVD / 2 Audio CDs / MP4Speaker: Part 2: Darcy Neighbors, Founder/CIO, CIM MarketingSpeakers: Part 3: Craig A. Henderson, Esq., Bailey Kennedy and Sarah Thornton, Owner, Sarah Thornton PR1 Ethics CLE Credit$25/CCBA Member, $45/Non-member

A Crossroads: Where Ethics Meets DiscoveryApril 2011 • 1 DVD / 2 Audio CDsSpeakers: Discovery Commissioner Bonnie Bulla, 8th Judicial District Court and Joe Garin, Esq., Lipson Neilson Cole Seltzer & Garin, P.C.2 Ethics CLE Credits$50/CCBA Member, $90/Non-member

Asset Protection Planning in NevadaMarch 2011 • 1 DVD / 2 Audio CDsSpeaker: Jacob Stein, Esq., Klueger & Stein, LLP3 General CLE Credits$75/CCBA Member, $135/Non-member

Hanging Out a Shingle? Solo & Small Firm Ethical TrapsFebruary 2011 • 1 DVD / 2 Audio CDsSpeakers: Dennis Kennedy, Esq., Bailey Kennedy, LLP and David Merrill, Esq., David J. Merrill, PC2 Ethics CLE Credits$50/CCBA Member, $90/Non-member


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SELECTION #1CLE Title:Format (circle one): DVD Audio CD MP3 MP4 Amount:



SEND CLE MATERIALS TO (Provide e-mail address below for MP3 & MP4 orders):Name: Bar #: Firm / Co.:Address: City: State: Zip:

For more information, contact CLE Director Donna Wiessner at (702) 333-2266 or [email protected].

CCBA CLE CATALOG ORDER FORM

• Want to share with members at your firm? CCBA member discounts available on original purchase/rental for those who want to view/listen to the same rental/purchase and receive CLE credit. The original order must include additional fee per credit along with name and bar number of additional CCBA member viewers/listeners: 1 Credit - $15 additional, 2 Credits - $30 additional, 3 Credits - $45 additional.

• All rentals are due back within two weeks of receipt. There will be a $10 fee/week for late items. There will be a $100 fee for lost or stolen items.• Please add an additional $20 per Audio CD or $25 PER DVD to purchase. • Purchases require 72 hour advance notice.• When purchasing, CLE declarations verifying attendance will be available at the time of purchase only. When renting, CLE declaration verifying

attendance will be available upon return of the undamaged rental item.• It is the seminar attendee’s responsibility to file CLE declarations with the CLE Board.• The Clark County Bar Association does NOT keep CLE records for audio / visual seminar attendees.• If you attended the live seminar or have previously rented or purchased any of these titles, credit will not be awarded again.

Rental / Purchase Policy & Information

NameBar # Phone # Fax #E-mailFirm NameAddressCity State Zip

� Check or money order is enclosed; or � I authorize the CCBA to charge my credit account

(circle one): AMEX Mastercard VISA

Main viewer/listener? Please print.

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

$ Amount of payment enclosed

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

Additional viewers/listeners?Name Bar #Name Bar #Name Bar #


By Joe Tommasino

Evidence: (1) Defendant-authored rap lyrics “may employ metaphor, exaggeration, and other artistic devic-es,” and can involve “abstract representations of events or ubiquitous storylines,” but these features do not exempt such writings from jury consideration where, as here, the lyrics describe details that mirror the crime charged; and (2) a trial court’s decision to admit or exclude defendant-authored rap lyrics is not “so fraught with risk of misin-terpretation and prejudice” that a special rule imposing heightened admissibility requirements is needed. In the instant case, the district court acknowledged that admitting “gangsta” rap carries the risk of it being misunderstood or misused as criminal propensity or “bad act” evidence by a jury. The defendant argued that the features of his rap lyrics were so clichéd that they did not distinguish the robbery his lyrics describe from any other rapped-about, garden-variety robberies. In response, the Supreme Court of Nevada found that the lyrics’ lack of originality may reduce but does not eliminate their probative value. The extent of the lyrics’ pro-bative value was a matter for cross-examination, argument, or even, perhaps, expert testimony. But so long as evidence has “any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence,” it is “relevant” under Nevada law. Here, the similarities between the lyrics and the facts of the charged robbery, as established by the evidence and the timing of the composition after the defendant’s arrest, met the threshold test of relevance. The Supreme Court of Nevada conceded that the specific lyrics in this case carried the potential for prejudice, but the real question was whether the lyrics’ probative value was sub-stantially outweighed by the danger of unfair prejudice. The Court emphasized that only a single stanza of rap lyrics was admitted against the defendant, and the stanza that was admitted relayed facts quite similar to the crime charged. Moreover, the district court crafted and gave an appropri-ate limiting instruction. Thus, “[e]ven though the lyrics were prejudicial, the district court did not abuse its discretion in determining that the risk they carried of unfair preju-dice did not substantially outweigh their probative value.” Separately, the Supreme Court of Nevada recognized that

Summaries continued on page 46

CCBA’s CLE CommitteeProduced By:




Friday, December 13, 20131:00 to 3:15 p.m.

10th Annual Ethical Issues


Offers 2 Ethics CLE credits

Speaker:

Dennis Kennedy, Esq.Bailey Kennedy, LLP


Register by Thurs., December 12, 2013.Limited seating available.Registration forms available at clarkcountybar.org, request from CCBA at (702) 387-6011, or send e-mail to [email protected].

Sponsored by

• 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.

Topics:

Supreme Court Summaries


One client - One attorney - One promiseThere are a lot people in our community who

are struggling to make ends meet and simply cannot afford legal representation. As an attorney, you can have an impact and help make a difference by getting involved in pro bono work through One Promise Nevada. Providing pro bono legal counsel for those who cannot afford an attorney can be a very rewarding experience. Pro bono attorneys also assist the court and the community by reducing the need for pro se representation and improving proper presentation of issues and access to the judicial system for all litigants.

One Promise Nevada came out of the Supreme Court of Nevada Access to Justice Commission. The goal is to pair great attorneys with those who need help. The idea originat-ed with the concept of ensuring that all people have a right to access to justice, even if they cannot afford it. The premise is simple: get every attorney in Nevada to take on one pro bono case. If every attorney takes just one case, it will put a huge dent in the long list of Nevada residents in need of legal assistance but can’t afford representation.

According to the organizers of One Promise, when it comes to pro bono, attorneys typically fall into one of three categories:

• Committed to pro bono service.• Will never do pro bono service.• Think pro bono is a good idea, but for various rea-

sons, have not done it.

If you fall into category one, I commend you and thank you for your service. I encourage you to share your experiences with fellow attorneys to promote them to join the One Promise Nevada program. If you fall into category two, please reconsider. In the words of Winston Churchill, “We make a living by what we get, but we make a life by what we give.”

If you fall into category three, you might want to con-sider other reasons to get involved, starting with free CLE training seminars that will inform you on the applicable ar-eas of law. You will also gain valuable experience that could open new areas of practice; additionally, you’ll benefit from the satisfaction of helping others.

If you are interested in getting involved, more in-formation is available at the One Promise Nevada website www.onepromisenevada.org.

I welcome your input and suggestions for other ideas to improve court operations. I would appreciate any input that you may have. Please e-mail input to my executive as-sistant 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.

By Hon. Jennifer P. Togliatti

From the Chief Judge of the Eighth Judicial District Court

Promise to Ensure That Justice is Accessible to All

Sales and Service:Clark County Bar [email protected](702) 387-6011

Clar

k County

Bar Associatio

n

Want to get found by potential clients?

Get listed online atClarkCountyLawyerFinder.com!

Clark County Lawyer Finder is the Clark County Bar’s premium, online attorney directory service

built for consumers!

“Being known for your practice area is great. Being found by potential new clients is even better.”—Neil E. Colmenares, Esq.


The MarketplaceEMPLOYMENT

Patent Attorney/IP Litigator: Established Las Vegas IP firm has positions open for an IP litigator and a patent attorney. Enjoy Las Vegas’ world-class entertainment and outdoor recreation. We value high quality work product and client service. EE, ME or CS background preferred with 3+ years’ patent prosecution experience and admission to USPTO bar or 5+ years’ litigation experience. Fax resume to (702)-382-4805 or e-mail to [email protected].

OFFICE SPACE

DOWNTOWN OFFICE SPACE: Crockett & Myers has executive suite office space available for immediate oc-cupancy. Receptionist, conference rooms, kitchens, covered parking, fax and copy machines are included. Space is ideal for lawyers interested in receiving client referrals in the areas of business law, bankruptcy, construction defect and gen-eral practice. Atmosphere is friendly and professional and the building is a five-minute walk from the Regional Justice Center. Building is ADA accessible. Call (702) 382-6711.

SERVICES

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.

Nevada’s hearsay statute, like its federal counterpart, “con-tains at least four possible bases for [a hearsay] objection to proffered co-conspirators’ testimony: [1] that the declarant was not a co-conspirator; [2] that the party against whom the statement is offered was not a coconspirator; [3] that the statement was not made ‘in the course’ of the conspiracy; [4] that the statement was not made ‘in furtherance of the con-spiracy.’” The Supreme Court of Nevada then distinguished between a conversation to “keep conspirators abreast of on-going activities [or] avoid detection” (which the Court clas-sified as admissible) and “mere conversations or narrative declarations of past events” (which the Court classified as

Summaries continued from page 44 inadmissible). In a dissenting opinion, Justice Saitta argued that the rap lyrics at issue here were “of limited, if any, pro-bative value and their limited probative value was substan-tially outweighed by the danger of unfair prejudice.” She claimed that the lyrics were not probative for two reasons: (1) They were not clearly an admission rather than artistic expression; and (2) they were not sufficiently specific as to be relevant to the charged crimes. Finally, she concluded that admitting the lyrics was not harmless, and the character of the error was significantly damaging. Therefore, she would have reversed the judgment of conviction and remanded for a new trial. Holmes v. State, 129 Nev. Adv. Op. No. 59, ___ P.3d ___ (Aug. 22, 2013).

Marriage: Both NRS 122.090 and the de facto offi-cer doctrine provide that a marriage performed by a per-son without actual authority to solemnize the marriage is nevertheless valid if both parties shared a good-faith belief that the person had the required authority. In this original petition for a writ of mandamus or prohibition, pe-titioner Geanie Bradford challenged a district court order finding that she and real party in interest Kevin Bradford were never legally married. Although the district court’s order may have been erroneous, Geanie never appealed the court’s order. The Supreme Court of Nevada concluded that Geanie’s failure to timely appeal the order precluded writ relief. The Court also noted that an incorrect legal conclu-sion does not render a judgment invalid or void because “[a] judgment’s validity depends on whether the district court had jurisdiction, not whether it reached the correct legal re-sult.” Bradford v. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. No. 60, ___ P.3d ___ (Aug. 29, 2013).

Details for each opinion can now be found on the “Ad-vance Opinions” page published by the Supreme Court of Nevada at http://www.nevadajudiciary.us/index.php/ad-vance-opinions.

Joe Tommasino has served as Staff Attorney for the Las Vegas Justice Court since 1996. Joe is the President of the Nevada Association for Court Career Advancement (NACCA).

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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

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