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									Volume 17, No. 4                                    Protect Yourself from Fraud
September 2009
                                                      advice from an Expert
                                 The current recession, coupled with high
                                 unemployment, makes it more tempting than ever
                                 for desperate people to turn to crime. Frank
  Nevada Law Foundation

                                 Abagnale, one of the world’s most respected
                                 authorities on forgery, embezzlement and identity
                                 theft, recently presented valuable anti-theft advice
                                 at community events sponsored by Nevada State Bank.
                      Perspecti ve
                                 Abagnale is the author of "Catch Me if You Can," a
                                 book that detailed his career as a confidence man,
                                 forger and imposter. This autobiography was later
                                 made into a movie starring Leonardo DiCaprio. For
                                 more than 30 years, Abagnale has provided fraud
                                 prevention advice to hundreds of financial
                                 institutions, corporations and government agencies          • Payroll controls should require supervisory
                                 around the world.                                           approval to add new employees to the system or to
                                                                                             change the rate of pay.
                                 Here are some of his suggestions about
                                 protecting yourself and your firm from identity theft       • Likewise, controls should be used when adding
                                 and embezzlement:                                           new vendors or suppliers.

                                 Identity Theft:                                             • Make sure separate groups of people are
                                                                                             responsible for accounts payable, accounts
                                 • Guard your Social Security number vigilantly, and
                                                                                             receivable and banking functions. People issuing
                                 do not have it printed on your drivers license or checks.
                                                                                             checks should not also reconcile the bank account.
                                 • Order your Social Security Earnings and Benefits
                                                                                             • Conduct periodic surprise audits of all your check
                                 Statement once a year to make sure someone is not
                                                                                             control functions.
                                 using your number at a job.
                                                                                             Excerpts from Abagnale’s presentation may be
                                 • Monitor your credit report closely.
                                                                                             found at a special Nevada State Bank Web
                                 • After applying for a loan, credit card or anything        page:
                                 else that requires a credit report, request that
                                 the SSN on your application be truncated or
                                 completely blacked out.                                        Trustees
                                 • Protect your computer with Internet security                        David C. McElhinney, Esq.
                                 software, and update it regularly.                                             Chairperson
                                 • Shop only on secure websites that begin with
                                                                                                           Robert T. Eglet, Esq.
                                                                                                             Vice Chairman
                                 • Use a crosscut shredder to destroy old bank and
                                 credit card statements, as well as any “junk mail”                          Sarah Guindy
                                 credit card offers.                                                       Secretary/Treasurer
                                 • Do not mail checks from home - they can be
                                                                                                           Vince Consul, Esq.
                                 stolen from your mailbox and altered.
                                                                                                          G. Dallas Horton, Esq.
                                 Preventing Embezzlement:                                                   Nelson Mackenna
                                                                                                          Robert Maddox, Esq.
                                 • When hiring, conduct background checks,
                                                                                                            Roberta Prutzman
                                 confirm all references and employment dates, and
                                                                                                          Matthew Sharp, Esq.
                                 consider bonding employees in sensitive positions.
                       Legal Aid Programs Face Budget Cuts
                           By David C. McElhinney

    We are currently experiencing the worst         legal aid groups, providing on a national
    economic downturn since the Great               scale, $212 million in 2007. But as a
    Depression.      When      the    subprime      result of the collateral damage from the
    mortgage crisis struck, people stopped          free-falling    interest    rates,     the
    buying houses, which meant lawyers              Massachusetts budget for civil legal
    stopped handling as many real estate            services has been cut from $27 million
    transactions which happened to be one           to $19 million. The Boston branch
    of the largest contributors to IOLTA            expects to lay off up to one-fifth of its
    accounts. On top of that, the Federal           lawyers and paralegals in 2009. New
    Reserve started slashing the federal            York’s 2009/2010 budget proposal
                                                                                                            David McElhinney, Esq.
    fund rate, which is linked to the rates for     would cut the entire $8 million it gives to                  Chairperson
    IOLTA accounts.                                 legal service groups. In Connecticut it is
                                                    reported that IOLTA funding in 2009 will
    Legal aid programs across the nation
                                                    be half of what it was last year. This has    that list is still growing. Additionally, a
    are facing budget cuts of up to 50%,
                                                    forced the local legal aid program to cut     number of our Nevada attorneys have
    and laying off attorneys and closing
                                                    three paralegal positions and contemplate     proactively agreed to move their trust
    offices, depriving many disadvantaged
                                                    a six-month, 20 percent pay cut for all       accounts to one of the banks offering
    Americans access to crucial legal
                                                    attorneys to avoid layoffs. The West          better interest rates on IOLTA accounts.
    services they need to escape from
                                                    Coast is faring no better.           IOLTA    (If you want to see a list of the banks
    domestic           violence,        prevent
                                                    programs are expecting funds to               and the particular terms they are
    homelessness        from       eviction    or
                                                    decrease in Oregon by 66% in 2009,            offering, you can go to our web site at
    foreclosure, and access life-saving
                                                    and by 33% in Washington.            Click
    public benefits to which they are legally
                                                                                                  on “IOLTA Program”, and then click on
    entitled. This is taking place even as          Despite this national trend and decline
                                                                                                  the pull down menu item “Banks
    requests for representation arising from        in IOLTA funds, we are happy to report
                                                                                                  Offering Preferred IOLTA Interest.”
    foreclosure disputes, evictions and             that the Nevada IOLTA program is doing
    unemployment benefits soar.                     remarkably well. This is certainly due in     Thanks to some good fortune and a lot
                                                    part to the hard work and assistance of       of hard work our foundation is thrilled to
    In a recent January 2009 New York
                                                    many individuals, including distinguished     report that Nevada’s IOLTA revenue
    Times article the director of Connecticut
                                                    members of the Supreme Court, the             from January through May 2009 is up
    Legal Services said that local agencies
                                                    State Bar, several of the state legal         nearly 25% as compared to the same
    were already giving out pink slips and
                                                    service providers, members of our own         time period in 2008. I offer a heart felt
    that 50 to 150 legal positions in his state
                                                    board of trustees and our executive           thank you to our preferred banks, and
    might be lost.
                                                    director. As a direct result of those         to those attorneys who have taken
    According     to    the    American       Bar   efforts a number of Nevada banks have         the initiative to move their trust
    Association, state run IOLTA programs           already agreed to raise the interest rates    fund   accounts     to    one       of   these
    have been a godsend for struggling              they pay on their IOLTA accounts, and         participating banks.

2                                                                                                                        Foundation   Perspective
                                                                   Bank of Nevada
                                                                   Proud supporter of
                                                      Nevada Law Foundation &
                                               Access to Justice Commission

  We are a State Bar of Nevada Preferred Interest Provider for IOLTA accounts.

         Exclusively for law firms and attorneys

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                     For more information, please contact                          
                       our JURIS Legal Banking Group

               0809 Affiliate of Western Alliance Bancorporation

Foundation   Perspective                                                                                          3
     ABA Celebrate Pro Bono Week is October 26-30
                                 Because we care, because we can
    By: Kristina Marzec, Executive Director,      qualifying clients in need per attorney.       Access to Justice Commission joined
    Access to Justice Commission                  Daunting numbers indeed.          And this     with the Nevada Law Foundation in a
                                                  does not take into account the new             campaign to negotiate with banks in
    Why Pro Bono?
                                                  foreclosure mediation program, which           2008 and 2009 to voluntary raise IOLTA
    If you don’t look out for yourself and the    early statistics unsurprisingly evince will    interest. Banks from all over the state,
    health of your business, no one else will,    be extraordinarily busy as Nevada              about fifteen at last count, joined the list
    right? One must therefore take care of        continues to hold the unfortunate spot         to aid the cause.
    oneself to be in a position to then help      of number one in foreclosures for
                                                                                                 The Nevada Law Foundation and the
    others. But then, if we don’t follow          the nation.
                                                                                                 State Bar of Nevada’s respective
    through and take care of others, who
                                                  Supporting Pro Bono financially                websites post the Access to Justice
    else will? If not you, then who? All of
                                                                                                 Commission’s          Preferred          Interest
    us--lawyers,         legal   practitioners,   There are many opportunities to provide
                                                                                                 financial institutions list, along with the
    philanthropists, business professionals,      funding to pro bono. For example, you
                                                                                                 rates each has agreed to pay. These are
    members of this community-- have a            may donate directly to a civil legal aid
                                                                                                 banks that have entered into voluntary
    stake in keeping our neighbors and            provider of your choice. You may
                                                                                                 agreements to raise the interest paid on
    businesses afloat. Civil legal aid helps      participate with dues check-off in lieu of
                                                                                                 IOLTA.       There   are     a   number        of
    the poor, the working poor, and the           pro   bono      work    under    Rule     of
                                                                                                 benchmarks from which a bank can
    newly poor. It can keep folks out of the      Professional Conduct 6.1 when you pay
                                                                                                 choose to be on the list; all represent an
    social welfare system in many cases. It       your annual dues. You can donate to the
                                                                                                 increase in past rates. You have a
    keeps mothers with children, and away         Nevada Law Foundation. By far, one of
                                                                                                 choice where you bank, and something
    from abusive partners. The face of civil      the easiest and low-effort ways with
                                                                                                 as simple as moving your trust account
    legal aid could be sitting next to you in     significant potential yields is to place
                                                                                                 to a bank providing improved interest
    church, fixing your favorite flavored         your IOLTA trust accounts with a
                                                                                                 (many as high as 2%) can mean the
    $4 coffee, or answering the phones at         preferred interest provider.
                                                                                                 difference of thousands of dollars to
    your doctor’s office.         Lawyers are
                                                  Did you know that your IOLTA interest          legal aid.
    uniquely situated to know just how valu-
                                                  helps to fund full time civil legal aid
    able the right legal advice at the right                                                     Supporting and celebrating Pro Bono
                                                  programs? Do you even know how much
    time can be—literally life changing, and
                                                  interest your trust account is earning?        One of the Nevada Supreme Court Access
    often life saving.
                                                                                                 to Justice Commission’s goals is to build a
                                                  If you are not banking with a preferred
    Before the economic crisis hit, 80% of                                                       proactive approach to the continuum of
                                                  interest bank, you might be shocked at
    civil legal needs, including those of our                                                    care in meeting the civil legal needs of the
                                                  the interest on your trust account. One
    children, victims of domestic violence,                                                      disadvantaged. This includes everything
                                                  of the top three trust account holders in
    and seniors, were unmet due to the                                                           from legal information and self-help cen-
                                                  Nevada is currently paying less than
    inability to provide resources, both                                                         ters, to brief services, clinics, and hotlines,
                                                  .001 percent.
    human and financial. Did you know                                                            up to full legal representation. Success
    Nevada has only about 60 full-time civil      Fortunately, under the leadership of           requires      a   partnership     among        all
    legal aid attorneys in Nevada? That           co-chairs Chief Justice James Hardesty         stakeholders such as the UNLV Boyd
    works out to a case load of 5,000             and Justice Michael Douglas, the               School of Law, legal aid providers,

4                                                                                                                           Foundation   Perspective
the state and county bars, the bench
and bar, the Foundation, and the
communities served by these programs.
It does indeed take a village, and the
Commission strives to provide strong
leadership from the bench and bar to
support a positive culture of pro bono in
our society.

As stated by Nevada Law Foundation
Vice-Chair Robert Eglet, the primary
goal of the Foundation is to fund and
maintain        programs       that    provide
legal-related services to the poor, to
victims of domestic violence, and for
                                                  Goals for the celebration include:            Legal Services, and a number of other
children protected by or in need of
                                                                                                unique ideas. A schedule will be posted
protection by the juvenile court. As it           1. Recognizing the pro bono efforts
                                                     of America's lawyers                       by September 15 to the State Bar of
happens, 2009 is the 25th year that the
                                                                                                Nevada website at and
Nevada Law Foundation has been                    2. Recruiting more pro bono volunteers
                                                                                                continue to be communicated in various
serving the legal needs of disadvantaged
                                                  3. Mobilizing community support               other forums as we finalize event details.
Nevadans through funding of our civil
                                                     for pro bono
legal aid providers: Legal Aid Center of                                                        If you would like to participate with
Southern        Nevada;       Washoe     Legal    Nevada is participating is this national      National Pro Bono week or event host
Services;       Nevada     Legal      Services;   celebration. As this article goes to print,   an event, please contact the author at:
Volunteer Attorneys for Rural Nevada;             the Access to Justice Commission is
                                                  working    with   Nevada’s     legal   aid              702-317-1404 or
and the Senior Law Projects in both the
                                                  providers, UNLV Boyd School of Law,                 email
City of Las Vegas and Washoe County.
                                                  the Nevada Law Foundation, and the            It all adds up
This year, the last week in October is
                                                  state and county bars to finalize events
National Celebrate Pro Bono week. The                                                           Your support of the Nevada Law
                                                  to occur throughout National Pro Bono
ABA Standing Committee on Pro Bono                                                              Foundation and pro bono is very much
                                                  week to support, encourage, and honor
and Public Service chose to launch this                                                         appreciated—and desperately needed.
                                                  pro bono in Nevada. At present, among
important initiative now because of the                                                         For all who have donated time and
                                                  things in planning and close to finaliza-
increasing need for pro bono services                                                           money, THANK YOU. Please know no
                                                  tion are a kick-off cocktail reception
during these harsh economic times and                                                           matter how you choose to do it, whether
                                                  Monday night, a senior law day event
the   unprecedented            response      of                                                 by taking a pro bono case through a
                                                  put on by the City of Las Vegas Senior
attorneys to meet this demand.                                                                  legal aid provider or on your own,
                                                  Law Project, a number of CLE events by
                                                  Legal Aid Center of Southern Nevada           moving your trust account to a preferred
One of the guiding principles of the Pro
                                                  throughout the week, a breakfast/CLE          interest bank, financial donation, or any
Bono Committee's planning is to
                                                  event hosted by Washoe Legal Services         other of the various actions that pro
support local pro bono awards, events,
                                                  and the Washoe County Senior Law              bono service comprises, it all adds up.
and programs. The legal needs of the
                                                  Project, a public interest lecture, an        No donation is too small, no act
poor are local issues, and although
                                                  awards ceremony hosted by Nevada              of kindness ever insignificant.     If we
nationwide, this celebration is intended
                                                                                                don’t do it, no one will. And we can do
to have a local focus and impact.
                                                                                                it together.

   Foundation   Perspective                                                                                                                  5
                      NL F Partners with Banks to create
                     “Preferred Interest Provider” Program
                            by Suzan Baucum, Esq.
             In the last few years, the              Foundation are working hard to rectify
    Nevada Law Foundation has overseen a             this situation, because, quite frankly,
    great overhaul in the efficacy of the            those most hurt by a downturn in the
    IOLTA program, which has lead to a               economy are those people that our
    massive increase in funding for our              organization was created to help.
    state’s victims of domestic violence and         Nevada’s abused, forgotten, and poor
    most         disadvantaged          citizens.    are in need of dire help in the best of
    Mandatory participation in IOLTA is now          economic       times.    Imagine     their
    required, and the monies that the                situations now.
    Foundation has been able to raise have                                                                    Suzan Baucum, Esq.
                                                     The Foundation and our partners on                        Executive Director
    been substantial. A great many things
                                                     Access to Justice are in the process of
    have lead to this increase, not the least
                                                     enrolling as many banks as possible in        the good that this transfer could do for
    of which have been the discussions and
                                                     our newly created “Preferred Interest         Nevada’s    indigent,       its   victims     of
    work of many members on our Board of
                                                     Provider” program. These are banks            domestic violence, and for those who
    Trustees, and the unfailing efforts of a
                                                     that have agreed, in the name of              are in desperate need. If your current
    number of people at the State Bar of
                                                     fairness and charity, to adjust their         bank awards an interest rate of 0.25%,
    Nevada and the Nevada Supreme
                                                     interest rates to a respectable number in     while one of our preferred interest
    Court.   I   thank   you     all   for    your
                                                     support of our cause. The Foundation          partners awards 2%, over time, your
    commitment to our cause.
                                                     has been able to enlist as partners: 1st      switch could make quite a difference.
    But, we can do more. And so can you.             Commerce Bank, Bank of George, Bank           And if you were to sway a friend, a
                                                     of Nevada, First Independent Bank,            colleague, or your firm to make the
    The Nevada Law Foundation, the State
                                                     Heritage Bank, Meadows Bank, Mutual           same switch, that difference can go
    Bar of Nevada, and the Access to
                                                     of Omaha Bank, Nevada Commerce                from moderate to monumental in a
    Justice Commission have been working
                                                     Bank, Nevada State Bank, Red Rock             matter of months.
    hard to increase funding to those
                                                     Community Bank, Service 1st Bank of
    groups that we support who are the last                                                        If you have not done so already, I urge
                                                     Nevada, and U.S. Bank.
    line of defense for Nevada’s indigent                                                          you to check out our Preferred Interest
    population. One of the first steps in            Opening    a    trust   account    with   a   Partners   and      to     convince        your
    increasing funding is seeing to it that the      Preferred Interest Provider is easy. In       colleagues to do the same. I thank all of
    paltry interest rates paid by many banks         most instances financial institution          you for participating in IOLTA, and for
    throughout Nevada are raised. While              representatives will come to your office      your dedication to the goals of the
    many of these rates are suffering                to assist you with opening your               Nevada Law Foundation.
    because of the downturn in the                   account. You won’t even have to leave
    economy, others have been historically           the comfort of your office. Think of
    low    for   some    time.    We     at    the

6                                                                                                                           Foundation   Perspective
                                   Nevada Law Foundation
                                     Grant Applications
                                    September 18, 2009

                                           Grant Highlights
A major portion of all IOLTA funds shall be disbursed for the purpose of providing
legally-related services to the poor; victims of domestic violence and to children
protected by or in need of protection by the juvenile court. The remainder of the IOLTA
funds shall be allocated to law-related educational programs for members of
the public.

                                           Grant Guidelines
The Foundation desires to make maximum use of its IOLTA funds. The trustees follow
adopted guidelines that assist them in the grant decision-making process. Preference
is given to applicants with evidence of community support and broad geographic
distribution of IOLTA funds throughout Nevada. For comprehensive guidelines please
contact the Nevada Law Foundation.

                           Deadline and Timeline for Grant Applications
The application for assistance for grant awards is for the period January 1, 2010
through December 31, 2010. Grant applications will be available September 18, 2009
and applications will be due in the Foundation office no later than 5 pm,
Thursday, October 15, 2009.

                                  For further information please contact the
                                     Foundation office at 702-384-1204.

Foundation   Perspective                                                                  7
                               NLF    Perspective                                NON PROFIT ORG.
                                                                                   U.S. POSTAGE
                               Official Publication of the                        LAS VEGAS, NV
Nevada Law Foundation                                                               Permit #2157
                               Nevada Law Foundation
     Perspective               500 South Seventh Street
       Written for all         Las Vegas, Nevada 89101
     Nevada Attorneys

    Suzan Baucum, Esq.         Return Service Requested
       Designed by
  Annabelle’s All Occasions

        Staff Writers
         Ryan Creel
        Denyce Tuller

   Please submit comments,
      articles or photos to:

     Suzan Baucum, Esq.
       Executive Director
    Nevada Law Foundation
   500 South Seventh Street
   Las Vegas, Nevada 89101
        (702) 384-1204

Calendar of Events

September 18, 2009                                                2010 Grant Applications Available

October 15, 2009                                                            Grant Applications Due

October 26-30, 2009                                                                Pro Bono Week

December 4, 2009                                             Nevada Law Foundation Board Meeting

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