Nevada Supreme Court State of the Court

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					                                                                              March 2006, Vol. 28, No. 3


Nevada Supreme Court: State of the Court

            hief Justice Bob Rose will be
            joined by the six associate
            justices at our March 8
meeting to present the “State of the
Court.” WCBA is very pleased to
have commitments from Justice Nancy
Becker, Justice Bill Maupin, Justice Mark
Gibbons, Justice Michael Douglas,             Chief Justice Bob Rose Justice Nancy Becker   Justice Michael Douglas Justice Michael Gibbons
Justice James Hardesty and Justice Ron
Parraguirre for this luncheon.
   We expect Chief Justice Rose to
address issues facing the Court in 2006
and beyond as well as plans for the future.
Our members will be interested to hear
from all the justices on the Court’s effort
to reduce the backlog, any efforts toward     Justice James Hardesty       Justice William Maupin           Justice Ron Parraguirre
establishment of an Intermediate Court
of Appeals, the newly established Bench
Bar Committee and efforts of the Access                                                         WCBA CLE MARCH 23 FOR
to Justice Committee.                                                                             LAWYERS & STAFF
   Justices will also report on the new use
of an established opinon release date                                                           YOUR OFFICE: KEEPING
and how the Court decides to hear en                                                            UP AND KEEPING SAFE
banc as well as the current panel splits.
   If you have a question you would like                                                         Think it can’t happen to you? This
included in the conversation, please                                                           seminar helps you and your staff
forward to WCBA by fax to 324-6116                                                             prevent and prepare for mini and
or by e-mail to                                                                major disasters. Includes technology
                                                                                               choices, employee policies, in-house
                                                                                               security, and much more. Special

  RSVP              no later than Monday, March 6, 5 p.m. Register online at wcbar.
                    org where you can safely pay by credit card. Call 775-786-4494
or fax in the form on page 15. $ 20 for members, $25 for non-members. Visa, MC,
                                                                                               rates for administrators, paralegals
                                                                                               and legal assistants. Toby Brown and
                                                                                               Lincoln Mead from the Utah State
Disc and AMEX accepted. Vegetarian meals by request. Casual dress welcome at all               Bar are our speakers. See page 9 for
WCBA luncheons. We cannot guarantee a seat without a reservation.                              details and registration!
     2        T H E W R I T /M A R C H                                 2 0 0 6

The Writ is the official
publication of the Washoe
County Bar Association.
                                                                             Random Thoughts
Elliott A. Sattler, II

Christine Cendagorta,
Managing Editor
                                                         By John P. Desmond, President
Annual subscription rate for
non-members of WCBA: $36


P.O. Box 1548
Reno NV 89505                                                     uch has been written about how        is expanding our services to the community
Tel: 775-786-4494
Fax: 775-324-6116
                                                                  the practice of law has changed       as a whole — services that we cannot afford to                                                     dramatically in the last few years.   continue to provide if we do not have a dynamic
e-mail:                             There is increased competition and clients          number of dues-paying members. We are
Washoe County Bar                                   have higher expectations. The legal system          working on putting together a number of CLE
Association Officers:                                is more complex and the practice of law has         programs that should be of interest to members
PRESIDENT                                           been shaped by widespread acceptance of             (see page 9 for details on our first seminar) . We
John P. Desmond                                     new technology.                                     encourage your input if you feel that there are
                                                       One ramification of these changes is that         topics that should be covered in our programs.
PRESIDENT-ELECT                                     some lawyers no longer feel that they have          Our goal is to help you meet your annual CLE
Robert A. Dotson                                    as much time to devote to bar association           credit requirement through WCBA programs. In
                                                    activities. Because bar activities are not          addition to the CLE programs, we are currently
VICE PRESIDENT                                      reflected on many lawyer’s or firm’s financial         working on preparing a newpaper-style reference
Ann O. Hall
323-8678                                            statements, they are sometimes valued less          to distribute to local high school seniors advising
                                                    than other work or activities. We should            them of their rights and obligations when they
Leslie Bryan Hart
                                                    do what we can to take steps to change this         turn 18. We are also actively participating in the
788-8666                                            perception and the negative impact it may           high school mock trial program and in a number
                                                    have on bar associations and the services they      of other important programs. We also continue
Mark Bruce                                          provide.                                            to provide members with monthly luncheons, 11
829-6000                                                The policies of whether law firms or             issues of the Writ annually, e-mail notification of
SERGEANT-AT-ARMS                                    governmental agencies will pay association          important issues and events, and other special
Elliott A. Sattler, II                              dues for their attorneys vary greatly. Some         programs.
                                                    do not pay association dues for any attorneys.         Your membership in the association not only
EXECUTIVE DIRECTOR                                  Some provide a set budget for all bar and           supports these programs but also provides clout
Christine N. Cendagorta                             association memberships and leave it up to          for us as a profession. You can help support the
                                                    the individual to decide. WCBA is fortunate         association by doing what you can to ensure that
                                                    to have 100% participation from all of our          the firm or agency that you work for supports the
                                                    large and mid-size firms. Some smaller law           WCBA through the individual memberships of
Random Thoughts ......................2
                                                    firms and public agencies only pay dues if the       its lawyers. If your firm or agency does not pay
Conversations on Discovery .......3                 member attorney asks the firm or organization        association dues, try to change its policy. This will
Bar Briefs ....................................5    to do so. Some lawyers, for whatever reason,        send a message to all your attorneys, especially
Courts .........................................6   simply have not joined. As a result, a few          young attorneys, that association membership is
Across the Line ...........................8        colleagues with whom we practice are missing        valued and that membership counts. If you can
Family Law Perspectives ..........10
                                                    the great benefits of WCBA membership. I             not change your firm’s policy, please do what you
People in the News...................14
Law Library ...............................14
                                                    ask each of you to encourage individuals who        can to encourage your non-member colleagues
Upcoming Events .....................15
                                                    are not WCBA members to remind them of              to join the WCBA. If you have ideas on how we
Classified ..................................16      the benefits of being a member. It is vital to       as an association can better serve our members,
                                                    have broad participation in order to have an        please let us know. Increased membership will
Articles appearing in The Writ express
the views of the authors and not                    active, dynamic and effective bar association       help improve the viability of the Bar and ensure
necessarily those of the WCBA.
For Advertising call The Writ at 775-786-
                                                    to speak with credibility on the needs of           that we provide great member services in the
4494. WCBA reserves the right to accept             lawyers, the legal community and the public.        future.
or deny any advertising.
                                                       In case anyone asks you, let me remind
                                                    you of the great benefits of being a WCBA
                                                    member. The Washoe County Bar Association
                                                                T H E W R I T /M A R C H                   2 0 0 6                         3

                                                       C O N V E R S AT I O N S
                                                            O N D I S C O V E RY
                                      By Wesley M. Ayres, Discovery & Arbitration Commissioner

            s noted in an earlier article,        v. United States, 844 F.2d 1239, 1246 (6th       discovery proceedings:
            spoliation of evidence can            Cir. 1988). Moreover, penalties will tend             It would be unreasonable to allow
            result in various penalties. The      to deter parties from pretrial spoliation          litigants, by destroying physical
law presumes that “evidence willfully             of evidence, by “placing the risk of an            evidence prior to a request for
suppressed would be adverse if produced,”         erroneous judgment on the party that               production, to sidestep the district
see NRS 47.250(3), and the Nevada                 wrongfully created the risk.” See id.              court’s power to enforce the rules of
Supreme Court has upheld the application             Without question, sanctions would               discovery.
of that presumption based upon a party’s          be available whenever a party loses or                . . . [E]ven where an action has not
spoliation of evidence, see Colfer v. Harmon,     destroys significant evidence in an attempt         been commenced and there is only
108 Nev. 363, 366-67, 832 P.2d 383, 385-          to purposely, deliberately, knowingly,             a potential for litigation, the litigant
86 (1992). On that same basis, our high           and intentionally frustrate an opponent’s          is under a duty to preserve evidence
court also has affirmed an order excluding         efforts at a successful litigation against it.     which it knows or reasonably should
expert testimony, see Fire Ins. Exch. v. Zenith   But the supreme court has not limited the          know is relevant to the action.
Radio Corp., 103 Nev. 648, 651, 747 P.2d          imposition of sanctions to these situations.       Id. at 651, 747 P.2d at 913-14 (citations
911, 913-14 (1987); reversed a judgment,          “Where a party is on notice of potential         omitted).
see Reingold v. Wet ‘n Wild, 113 Nev. 967,        litigation, the party is subject to sanctions      Ten years later, in Reingold v. Wet ‘n Wild
970-71, 944 P.2d 800, 802 (1997); and             for actions taken which prejudice the            Nev., Inc., 113 Nev. 967, 944 P.2d 800
upheld the dismissal of an action, see Stubli     opposing party’s discovery efforts.” Fire        (1997), the supreme court was asked to
v. Big D Int’l Trucks, 107 Nev. 309, 810 P.2d     Ins. Exch. v. Zenith Radio Corp., 103 Nev.       determine whether defendant’s routine
785 (1991). These penalties are warranted,        648, 651, 747 P.2d 911, 914 (1987). In
in part, because “a party with notice of          Fire Ins. Exch., our high court affirmed the
an item’s possible relevance to litigation        imposition of evidentiary sanctions despite
who proceeds nonetheless to destroy it is         the fact that the key evidence (an allegedly
more likely to have been threatened by the        defective television set) was destroyed
evidence than a party in the same position        two years prior to commencement of the
who does not destroy it.” See Reingold, 113       lawsuit, and was therefore out of plaintiff ’s
Nev. at 971, 944 P.2d at 802 (quoting Welsh       “control” when it was requested during

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    4   T H E W R I T /M A R C H                     2 0 0 6

policy of destroying first aid logs every             Reingold, 113 Nev. at 970, 944 P.2d            received either item. After commencing
year constituted “willful” suppression of         at 802. Thus, the trial court’s decision          litigation, plaintiff learned that Southland
evidence for purposes of NRS 47.250(3). It        denying plaintiff ’s request that the jury        Corporation had forwarded the videotape
answered this question in the affirmative:         receive an instruction in this regard was         to its insurance company, which apparently
     There is no dispute that the records         improper. See id. at 970-71, 944 P.2d at          lost the tape. The trial court later rejected
  were “willfully” or intentionally               802 (proffered instruction was as follows:        plaintiff ’s request for the instruction
  destroyed. Wet ‘N Wild claimed that             “Where relevant evidence which would              approved in Reingold, and the jury
  all records are destroyed at the end of         properly be part of the case is within the        returned a defense verdict. On appeal,
  each season. This policy means that             control of the party whose interest it would      the Nevada Supreme Court found that,
  the accident records are destroyed              naturally be to produce it, and he fails to       under these circumstances, the evidence at
  even before the statute of limitations          do so, without satisfactory explanation,          issue had not been “willfully suppressed”
  has run on any potential litigation for         the jury may draw an inference that such          for purposes of NRS 47.250(3). Thus,
  that season. It appears that this records       evidence would have been unfavorable to           application of that statutory presumption
  destruction policy was deliberately             him”).                                            would be improper.             However, in
  designed to prevent production of                  In 2005, our high court revisited this issue   accordance with decisions from other
  records in any subsequent litigation.           in Bass-Davis v. Davis, 121 Nev., Adv. Op.        jurisdictions, the court determined that
  Deliberate destruction of records               44, 117 P.3d 207 (2005). This case arose          the common law provides an independent
  before the statute of limitations has           as a result of a slip-and-fall accident at a 7-   basis for inferring that lost or destroyed
  run on the incidents described in               11 convenience store. Approximately one           evidence is adverse to the party who lost
  those records amounts to suppression            week after the incident, plaintiff contacted      or destroyed it:
  of evidence. If Wet ‘N Wild chooses             the store and requested a copy of the store            [W]e agree with Bass-Davis that
  such a records destruction policy, it           incident report and surveillance videotape          based upon the facts of this case the
  must accept the adverse inferences of           regarding her fall. The franchisees of the          franchisees should be responsible for
  the policy.                                     store told her to contact the Southland             the fact that the evidence was lost.
                                                  Corporation and she did so, but she never           Though the franchisees did not lose the


               The Reno Chapter of the American Board of Trial Advocates congratulates the
        Second Judicial District Court on establishing the Short Trial Program. The following
        ABOTA members have agreed to volunteer their time and services as mentor/second chair
        for young lawyers trying their first jury trial in the Short Trial Program.

        Jack G. Angaran            Thomas P. Beko                 Bill Bradley

        Thomas R. Brennan          William G. Cobb                Peter D. Durney

        John Echeverria            Robert L. Eisenberg            James C. Georgeson

        David R. Grundy            Bruce Laxalt                   Don Nomura

        Alfred Osborne             Albert F. Pagni                William E. Peterson

        Margo Piscevich            Kent R. Robison                Julien G. Sourwine

        Charles W. Spann

               Anyone who is interested may contact the ABOTA member of choice directly. (827-6440)
                                                             T H E W R I T /M A R C H                            2 0 0 6                          5

  evidence themselves, they did provide
  the evidence to Southland, which
  forwarded the evidence to its insurer,
  which, in turn, lost the evidence. For the
  purposes of safeguarding the videotape
  evidence, both Southland and its
  insurer were agents of the franchisees.
  The franchisees could have preserved
                                                                                       Bar Briefs
  the evidence by copying it before they
  forwarded it to their agents. Since they
  failed to do so, they are responsible
  for their agents’ loss of the evidence.                                                                Adams, Discovery Commissioner Wes
                                                Plan now for                                             Ayres. Ed Lemons, Christian Moore, Bill
   Bass-Davis, 121 Nev., Adv. Op. 44, at 4,
117 P.3d at 210.
                                                Upcoming WCBA                                            Jeanney and Matt Sharp. On May 19, we
                                                                                                         offer Estate Planning with Julia Gold, 9-
   The court acknowledged that the              CLE Seminars                                             12:15, 3 cr.
franchisees did not willfully lose or destroy                                                              We are planning now for fall CLE
evidence. But it emphasized that spoliation                                                              seminars and welcome your suggestions
of evidence nevertheless has a devastating        WCBA has some exciting seminars                        for topics and speakers. Please call Gina
effect on the administration of justice, and    planned for this spring. Mark your calendars             MacLellan at 786-4494 or e-mail gina@
a contrary result would have the untoward       now for “The Purpose Driven Lawyer” on         
effect of encouraging potential defendants      May 5, 1:30 - 4:45, 3 cr.. with Judge Brent
to forward damaging evidence to their
insurers who could “lose” the evidence
without any negative effect on the potential
defendants. Thus, it reaffirmed its earlier
holding that a party on notice of a potential
claim has a duty to exercise reasonable
care to preserve information relevant to
that claim. See id. at 5, 117 P.3d at 210-
11. Further, it ruled that the following jury
instruction must be given when evidence                       CAPITAL FLEET SALES represents one of the largest auto wholesale outlets
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of willful suppression:
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  evidence is unfavorable to the party                                     will locate any car you specify – Make, Model, & Color!
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  party’s control and reasonably available                   We can solve all your automotive needs including repairs, parts, bodywork, etc.
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  Id. at 5, 117 P.3d at 211.

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   Wes Ayres is Discovery and                                              I walk away convinced I couldn’t have done better!
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Arbitration Commissioner for the                                                     …Robert Bell, Attorney, Reno
Second Judicial District Court.
His columns are online and
searchable at                                                    “Buy from the company
                                                                         that se lls to the de ale rs”

                                                                               980 Telegraph Street Reno, Nevada
                                                                 web: www/          email:
     6     T H E W R I T /M A R C H                              2 0 0 6

                                                                                                                         Ninth Circuit Judges
                                                                                                                         Share Thoughts
                                                                                                                         on Potential Split,
                                                                                                                         Reversal Rate,
                                                                                                                         Immigration Cases
                                                                                                                         and More
Recent Nevada                                                122NevAdvOpNo3.pdf

Supreme Court                                                   Appeal and cross-appeal from a district                     WCBA members got a rare look into
                                                             court judgment and an order awarding                        the Ninth Circuit Court of Appeals when
Opinions                                                     attorney fees and costs in a contract                       all three of Nevada’s Ninth Circuit Judges
                                                             action. Eighth Judicial District Court,                     answered questions from moderator
                                                             Clark County; David Wall, Judge.                            Andy Gordon from the Las Vegas office
   Nevada Supreme Court Opinions are                            Affirmed in part, reversed in part and                    of McDonald Carano Wilson. Here are
available on the Internet for ninety days                    remanded.                                                   some highlights:
from the date of issue at http://www.                                                                                       • On the often-publicized reversal rate                         4. Moore v. State                                           of the Ninth Circuit, Judge Rawlinson
cfm. After ninety days you will need to                        h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   said “it’s an urban myth.” The judges all
use another source (e.g. Westlaw) to find                     122NevAdvOpNo4.html                                         agreed that for the last several years the
the text of Supreme Court opinions. The                        h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   Ninth Circuit has been within the average
PDF version of the opinion is considered                     122NevAdvOpNo4.pdf                                          of all the circuits. They went on to explain
official.                                                                                                                 that the statistics are difficult to compare
   122 Nev.                                                    Appeal from a judgment of conviction,                     because similar cases arise in different
1. George v. State                                           pursuant to a jury verdict, of one count of                 states and circuits. The Supreme Court
   h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   burglary, one count of fraudulent use of a                  may choose from several cases with similar
122NevAdvOpNo1.html                                          credit card, and one count of possession                    questions to be decided; then, the court
   h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   of a credit card without the cardholder’s                   that “loses” gets the reversal.
122NevAdvOpNo1.pdf                                           consent. Eighth Judicial District Court,                       • Asked about splitting the Ninth
                                                             Clark County; Michael L. Douglas,                           Circuit, Judge Hug says “It is frustrating
  Appeal from a judgment of conviction,                      Judge.                                                      because those on the Court see it working
pursuant to a jury verdict, of six counts of                   Affirmed in part, reversed in part, and                    efficiently. We are holding our breath, but
sexual assault and five counts of lewdness                    remanded.                                                   there is majority support on the Court to
with a minor. Eighth Judicial District                                                                                   keep it as it is.”
Court, Clark County; Sally L. Loehrer,                       5. International Fid. Ins. v. State of                         • Immigration cases have exploded in
Judge.                                                       Nevada                                                      recent years and an Attorney General
  Reversed and remanded.                                       h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   directive says all cases must be resolved
                                                             122NevAdvOpNo5.html                                         within one year. The Courts are struggling
2. Bedore v. Familian                                          h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /   to keep up with the growth in those cases.
  h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /    122NevAdvOpNo5.pdf                                             • Asked about screening cases and
122NevAdvOpNo2.html                                                                                                      which decisions are published, Judge
  h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /      Jurisdictional screening of eight                         Brunetti explained: “Screening takes
122NevAdvOpNo2.pdf                                           consolidated appeals from district court                    time. . . We screen off those that don’t
                                                             orders denying motions to remit surety                      need oral argument. Our culture has
  Appeal and cross-appeal from a district                    bonds. Eighth Judicial District Court,                      been to give you more. That may take a
court judgment in a corporations case.                       Clark County; Gene T. Porter,
Eighth Judicial District Court, Clark                        Judge.
County; Gene T. Porter, Judge.                                 Appeals dismissed.
  Affirmed in part, reversed in part and

3. Waddell v. L.V.R.V. Inc.
  h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /      L to R: Judge Johnnie Rawlins, Judge
122NevAdvOpNo3.html                                          Procter Hug, Jr., Judge Melvin Brunetti
  h t t p : / / w w w. l e g. s t at e. nv. u s / s c d /    and Moderator Andy Gordon
                                                           T H E W R I T /M A R C H                       2 0 0 6                     7

little longer but it’s our culture.” Judge     Judges and Jurors Make Decisions”, will         Conference will conclude with an open-
Rawlinson explained why not all decisions      be presented by Todd Winegar, Esq., one         panel discussion with all federal judges in
are published: “We don’t want to write just    of America’s highest rated CLE speakers.        Nevada.
to see our names in print. We don’t write      Mr. Barry Levenson, Esq, curator of the           This one-day conference is designed
unless it adds something for lawyers or the    Mount Horeb Mustard Museum with                 to provide Nevada lawyers with an
District Court.”                               appearances on Oprah Winfrey and                opportunity to interact and share ideas with
   • John White asked about recent incidents   the Food Network, will present a lively         the Federal Bench on matters of mutual
when the Court has faced criticism. That       discussion on “Law as an Instrument             interest. Please mark your calendar and
provided a good opportunity for moderator      of Healthy Eating.”      The Conference         look for the registration information which
Andy Gordon to explain that one of the         will also include a panel discussion            will be mailed in mid-February. 6 CLE
jobs of the lawyer representatives is to       with former jurors which will focus on          Credits pending!
testify and help defend the judges. Judge      successful communication strategies. The
Brunetti said that the California Bar has
what it calls the “Fire Brigade” to defend
the judges and explain the importance
of an independent judiciary. WCBA
President John Desmond wrote about that
issue in last month’s Writ.
   • Judge Hug called the mediation
program a big success, saying it’s the best
in the country. Some 1,000 cases have been
resolved, most before briefs were filed. The
Court has ten mediators with a combined
average of 23 years of experience. The
mediators are employees of the court,
not outside attorneys. “Mediations are not
forced,” Judge Rawlinson said, “because
mediation is more productive if the parties
are willing.” Judge Brunetti added that
“there is a wall between the courts and the                  Hale Lane announces
mediation program — we are out of the                        the retirement of
   Washoe County Bar is grateful to the                      JAMES L. KELLY
three judges and to moderator Andy                           from the firm.
Gordon for the candid discussion.
                                                             Jim Kelly was a Shareholder of Hale Lane and a Member of the firm’s
                                                             Business Ventures Group for over 15 years. He practiced primarily in
                                                             the areas of federal income taxation, corporation, limited-liability

U.S. District Court                                          company, partnership, and general business law.
                                                             Congratulations Jim and best
Conference April                                             of luck with your retirement!
                                                             From the attorneys and staff at Hale Lane.
13 at Harrahʼs Reno

   The United States District Court is
pleased to announce the 2006 District
Court Conference will be held on
Thursday, April 13, 2006 at Harrah’s Hotel
in Reno, Nevada. The keynote address
will be presented by Ninth Circuit Judge
Alex Kozinski, one of the most popular
and respected Circuit Court Judges in the
United States. Judge Kozinski has won
supporters from the left and right with his
common-sense decisions and libertarian
instinct. In 2004, Judge Kozinski was
elected the Number One Male Super
Hottie of the federal judiciary. Another
topic, “How the Mind Decides: How
8   T H E W R I T /M A R C H      2 0 0 6

                                                            ACROSS THE LINE
                                                         James L. Porter, Porter • simon

                               CONTRACTORSʼ                                    applied at the pockets.
                                                                                  Construction lender: one skilled at
                               UNBIASED                                        applying tourniquets.
                                                                                  Completion date: the point at which
                               VIEW OF                                         liquidated damages begin.
                                                                                  Liquidated damages: a penalty for
                               CONSTRUCTION                                    failing to achieve the impossible.
                                                                                  Change order: seldom signed request
                                                                               from owner for free upgrades.
                                 I know I am dating myself, but it was at         Plans: a good idea at the time.
                               least 20 years ago, at least, when I stumbled      Diversion of funds: a contractor who
                               upon some so-called “Construction               finally pays his subs and suppliers before
                               Definitions”.                                    the owner pays him on the last job.
                                 I have no idea where these came from,            License board: “I’m from the
                               but I have doctored them up and added a         government and I am here to help.”
                               few of my own.                                     Punch list: a free long-term
                                 While these definitions definitely have         maintenance contract.
                               a “woe-is-me” whine, they remind us that           Owner: a dreamer with a champagne
                               construction is a tough business.               appetite on a beer budget.
                                                                                  Inspector: another immovable hurdle
                                        CONSTRUCTION                           in a race to the finish.
                                         DEFINITIONS                              Warranty: a one-year period that has
                                                                               no end.
                             Contractor: a gambler who never gets                 Auditors: people who go in after the
                           to shuffle, cut or deal.                             war is lost and bayonet the wounded.
                             Bid opening: a poker game in which                   Lawyers: people who go in after the
                           the losing hand wins.                               auditors and strip the bodies.
                             Bid: a wild guess carried out to two
                           decimal places.                                        Jim Porter is an attorney with Porter •
                             Low bidder: a contractor who is                   Simon, with offices in Truckee, South Lake
                           wondering what he left out.                         Tahoe and Reno. He is a mediator and was the
                             Engineer’s estimate: the cost of                  Governor’s appointee to the Fair Political Practices
                           construction in heaven.                             Commission and McPherson Commission, both
                             Architect’s estimate: half the                    involving election law and the Political Reform
                           engineer’s estimate.                                Act. He may be reached at porter@portersimon.
                             Project manager: the conductor of                 com or at the firm’s web site
                           an orchestra in which every musician is in
                           a different union.
                             Subcontractor: a musician in an                      This is another of a series
                           acappella group.                                    of articles on California law
                             Critical path method: a management                - for Nevada lawyers - authored
                           technique for losing your shirt under               by members of the Truckee,
                           perfect control.                                    South Lake Tahoe and Reno law firm of Porter
                             Delayed payment: a tourniquet                     • Simon.
                                                         T H E W R I T /M A R C H                  2 0 0 6                     9

                YOUR OFFICE:
         KEEPING UP AND KEEPING SAFE   (From Server Melt-down to Natural Disasters)

                      March 23, 2006, 1:30 – 4:45 p.m. • 3 Hours CLE
                       FEDERAL COURTHOUSE - JURY ROOM

                                 Preparing for and Preventing the Unexpected
                         When Disaster Strikes: Whether disruption is partial or complete
                                   •        Analyze your potential risk
                                   •        Insurance – coverage review
                                   •        Technology - safeguard your records & equipment
                                   •        Formulating office policy for disaster recovery – practical choices
                                   •        Protecting your clients
                                   •        Employee policies and protections
                                   •        In-house security breach

          This timely and informative seminar will include law office technology as well as being prepared for the unexpected. We all
think it canʼt happen to us, but Katrina and Renoʼs second New Yearʼs flood prove that wrong. A “disaster” can be an employee ac-
cidentally or intentionally wiping a hard drive clean or sending a document with data embedded for all to read.
           Toby Brown presented the Technology “Bites” CLE in November 2003, and received excellent reviews. Toby is the Direc-
tor of Communications for the Utah State Bar with hands-on planning and execution of technology strategies in other Bar associations
and law offices.
          Lincoln Mead will co-present. Lincoln presented the Solo Small Firm CLE in September 2005, also with excellent reviews.
Lincoln is Information Technology Administrator at the Utah State Bar and also has extensive experience in law office management.
In his spare time Mr. Mead serves as an adjunct professor at the Salt Lake Community College where he teaches Technology Essen-
tials for Paralegals.

                P.O. Box 1548, Reno NV 89505 • 775-786-4494 • Fax 775-324-6116 •

                                  REGISTRATION FORM

❏ Early Bird Member (before 3/17/06) - $119   ❏ Non-member $129
❏ Standard Member (after 3/17/06) - $129      ❏ Non-member $149
❏ Paralegal/Secretary (member of SNAP or NALA) - $69 ❏ Non-member $89

Name: _____________________________________________________                                           Fax to 324-6116
Phone Number: __________________ Fax Number: __________________                                       Mail to WCBA
Address:____________________________________________________                                          P.O. Box 1548,
City:______________________________State: ____________________                                        Reno, NV 89505

Paid by _____check enclosed                                                                           Questions?
Charge my Credit Card:                                                                                775-786-4494
MasterCard _____ Visa____ Discover___ American Express__
   10   T H E W R I T /M A R C H                 2 0 0 6

                                   Mary Anne Decaria, Silverman, Decaria & Kattelman, Chtd.

IMMIGRATION                                   could not even say the alphabet.                 custody of a minor child is the child’s best
                                                 The Nevada social worker who                  interests. The district court has broad
STATUS OF                                     performed the same work in Las Vegas             discretion in custody decisions and may
                                              found that for at least six or seven years,      consider all relevant factors affecting a
PARENT AS                                     the children lived primarily with their          child’s best interests, including a parent’s
                                              maternal grandmother in Mexico. Most             immigration status and its derivative effects
FACTOR IN                                     of the child rearing responsibilities fell on    on the child. “[A]s with all balancing
CUSTODY AWARD                                 the older sibling, M.P., who had to feed,
                                              dress and look out for J.P., who had a
                                                                                               tests, the district court must weigh each
                                                                                               factor that may affect the consequences
                                              speech impediment and difficulty learning         of placement.” Rico v. Rodriguez, 121 Nev.
                                              and interacting with others. Araceli could       Adv. Op. 71 (2005) at 4.
  Rico v. Rodriguez, 121 Nev. Adv. Op. 71     not provide the medical care needed to              Here, the parents’ immigration status
(2005)                                        correct J.P.’s physical condition. All three     was only one of several factors considered
                                              lived in a mobile home owned by Araceli’s        by the district court, such as J.P.’s medical
   Araceli Rico and Jose Rodriguez had        boyfriend. Despite everything, the social        and educational issues, the parenting
two children out of wedlock, 12 year old      worker concluded that Araceli could              responsibilities placed on M.P., Jose’s
M.P. and 10 year old J.P.1 Araceli and the    provide a suitable home for the children.        employment and his ability to provide
two children are citizens of Mexico and          After a second hearing, the district court    the children medical insurance, stable
lived there from 1996 to 2003. In 2003,       granted Jose primary physical custody            schooling and secure living conditions,
Araceli illegally emigrated to the United     and Araceli, visitation. The court was           and Araceli’s inability to provide healthy
States with the children, and lived in Las    concerned about J.P.’s medical and speech        contact between the children and their
Vegas. Jose, while a Mexican citizen, was     problems and the fact that M.P. had been         father. Although the court did consider
a permanent legal resident of the United      forced to assume a parental role. The            the immigration status of both parents
States and lived with his wife in the State   court also noted Araceli’s immigration           and the derivative effects on the children
of Washington. When the children asked        status, the availability of medical insurance    and misinterpreted federal immigration
to live with Jose, he filed a petition for     for the children and the stability of their      law leading it to wrongly conclude that
custody. After evidentiary hearing, the       schooling. The court found that it was in        Jose could obtain U.S. citizenship for
district court did not believe adequate       the children’s best interests to be placed       his children, in balancing all factors,
evidence to base a custody decision was       with their father, who was employed, could       substantial evidence supported the custody
presented and ordered independent             provide medical insurance and stable             award in favor of Jose.
evaluations of the living conditions of       schooling. The court also believed that             On appeal, Araceli argued that her
each party and his/her interactions with      Jose had the ability to lawfully allow both      constitutional right to equal protection and
the children.                                 children to immigrate and obtain status as       due process were denied her because the
   A social worker in the State of            U.S. citizens.                                   district court considered her immigration
Washington who interviewed the children          Araceli asked the court to reconsider its     status in making its custody award. The
and evaluated Jose and his home found         decision. A third hearing was conducted          Fourteenth Amendment of the United
that Jose’s home, while modest, adequately    and the district court clarified that Araceli’s   States Constitution provides that no state
met the children’s needs. She noted that      immigration status was not the primary           shall “deprive any person of life, liberty, or
the children were happy, comfortable and      factor used in awarding custody to Jose.         property, without due process of law; nor
were treated with love. In the course of      While immigration was an element, it was         deny to any person within its jurisdiction
talking to the children, the social worker    only part of its custody decision and other      the equal protection of the laws.”
discovered that when they were in Mexico      facts and considerations militated in favor
with their mother, they spent most of their   of the court’s finding that the children’s
time with their maternal grandmother, and     best interests would best be served if                 EQUAL PROTECTION
the older child was primarily responsible     placed in their father’s custody. Araceli
for the care of the younger sibling. The      appealed.
youngest child, J.P., suffered a speech          NRS 125.480(1) provides that the sole           The first question in an equal protection
impediment, lacked formal education and       consideration of the court in determining        analysis is whether a statute treats similarly
                                                             T H E W R I T /M A R C H                    2 0 0 6                                11

situated persons dissimilarly. The level
of scrutiny to be applied depends on               “In a custody dispute between two fit        Notes
the type of classification the questioned        parents, the fundamental constitutional           1 The Nevada Supreme Court no longer provides
law creates. “Where a case presents no          right to the care and custody of the           the names of minor children or identifies their
judicially recognized suspect class or          children is equal. Since the fundamental       gender in its opinions. This makes it very difficult
fundamental right that would warrant            interests of both parties in raising and       to use clear, unstilted sentences when writing about
                                                                                               a case, as pronouns (other than an unacceptable
intervention under a standard of strict         educating their children are identical, the    one such as “it”) and gender related identifying
scrutiny or where it presents no quasi-         dispute in such cases can be resolved best,    characteristics such as boy, girl, brother, sister, son
suspect class such as sex, illegitimates or     if not solely, by applying the best interest   or daughter cannot be used. In the instant case,
the poor that would warrant application         of the child standard.. . . Accordingly        the Supreme Court identified the children by their
of intermediate level scrutiny, we analyze      [Araceli and Jose] stood on equal footing      initials, which makes reading the case even more
                                                                                               confusing. Did M.P. take care of J.P., or was it the
the challenged law under the rational basis     before the district court when asserting       other way around?
test. A statute meets rational basis review     their right to custody of their children.”
so long as it is reasonably related to a        Id. at 7. Because the court considered all
legitimate government interest.” Id. at 5.      relevant factors and not solely Araceli’s
   Where the questioned law contains no         immigration status, there is nothing in the       Mary Anne Decaria is a partner in Silverman,
classification or has a neutral classification    record to indicate that the custody award      Decaria & Kattleman, Chtd.
and is applied even handedly, it may            was based primarily on her alienage.           She served on the Family Law
violate equal protection rights if in reality   There was no violation of Araceli’s due        Section Executive Council and
it is a “device designed to impose different    process rights. The lower court’s decision     chaired the Northern Nevada
burdens on different classes of persons.”       was affirmed.                                   Disciplinary Board. Her columns
Id. at 6.                                                                                      are online at
   Here, NRS 125.480 is facially neutral.
“It creates no classifications and sets forth

                                                         QDRO SUPPORT SERVICES
that child custody determinations should
be based solely on ‘the best interest of
the child.’” Id. Araceli failed to establish
that the statute is designed to discriminate
                                                          For advice, assistance, consulting or QDRO drafting. . .
against parents based on their immigration
status. Child custody determinations are                          Contact an Experienced Pension Expert
made on a case by cases basis, and rest
upon the facts and circumstances unique                         MARVIN SNYDER, CONSULTING ACTUARY
to each particular case. The district court                          2100 Timber Rose Drive, Las Vegas, NV 89134
considered Araceli’s and Jose’s immigration                                          702.869.0303
status only to determine the children’s
best interests and there is nothing which
indicates that the court’s decision turned
solely on Araceli’s immigration status.
Araceli could not demonstrate how the                                We have moved!
statute discriminated against her in the
context of a child custody determination.
                                                              The Law Office of PORTER · SIMON
                                                                   is at a new Reno location.
          DUE PROCESS
                                                     You can find us at 5421 Kietzke Lane, Suite 100; (775) 322-6767
   The Fourteenth Amendment “‘provides
                                                                    Mountain View Corporate Center
heightened protection against government
interference with certain fundamental                  James L. Porter Jr.                     James E. Simon*
rights and liberty interests.’” Id., citing            Peter H. Cuttitta                       Stephen C. Lieberman*
Troxel v. Granville, 530 U.S. 57, 65 (2000).           Steven C. Gross                         Kelley R. Carroll
Parents have a fundamental interest in the
care, custody and control of their children
                                                       Kenneth P. Craig                        Julia S. Gold
which applies regardless of immigration                Pamela M. Everett*                      Brian C. Hanley
status. “[T]he Equal Protection Clause
of the Fourteenth Amendment prohibits                                             *California Only
discrimination based ‘on alienage, . . .
nationality or race’ that does not meet
strict judicial scrutiny.’” Id. at 6, 7.
 12   T H E W R I T /M A R C H                    2 0 0 6

                                                             GOLF TOURNAMENT
                   10 t h A n n u a l                        The Young Lawyers Section of the State Bar of
                                                             Nevada is pleased to bring you the 10th Annual
                                                             Sagebrush Scramble Golf Tournament.
                                                             Open to everyone, lawyers and non-lawyers alike.
                                                             Grab your sticks and/or make a donation.

                                                             Charitable proceeds will assist the Court
                                                             Appointed Special Advocates Program (CASA),
                                                             committed to protecting children engaged in the
                                                             juvenile and family court system.

LOCATION:                            The Resort at Red Hawk, 6600 N. Wingfield Pkwy., Sparks, NV
DATE:                                May 19, 2006
SCHEDULE:                            TIME                          EVENT
                                     12:00 p.m.                    Lunch and Registration
                                     1:30 p.m.                     Shotgun Start/Four Player Scramble
COST                                 $125 per person - Includes lunch, golf, cart, range balls,
                                       and $prizes
CONTACT:                             Scott Giles or Carli West at

       #1 PLAYER NAME:
       E-MAIL/TEL NO:                                                              AVG. SCORE:
       #2 PLAYER NAME:
       E-MAIL/TEL NO:                                                              AVG. SCORE:
       #3 PLAYER NAME:
       E-MAIL/TEL NO:                                                              AVG. SCORE:
       #4 PLAYER NAME:
       E-MAIL/TEL NO:                                                              AVG. SCORE:

Number of Players ________ x $125 = _____________ TOTAL
      I am unable to participate. However, enclosed is a donation in the amount of $___________
MAIL TO:                                  Carli West, The Resort at Redhawk             PLEASE RESPOND BY
                                          6600 North Wingfield Parkway                     APRIL 14, 2006
                                          Sparks, Nevada 89436
                      The Young Lawyers Section would like to again thank last year’s tournament sponsors:
Silverman, Decaria & Kattelman, Chtd.                   Sierra Legal Duplicating               Schultze, Boone & Associates
Molezzo Court Reporters                                 International Game Technology          Marshall Hill Cassas & de Lipkau
Family Law Section, State Bar of Nevada                 Erickson, Thorpe & Swainston           The Kattelman Family
Thorndal, Armstrong, Delk,                              Hon. Deborah Schumacher                McDonald Carano Wilson, LLP
   Balkenbush & Eisinger                                Reno-Carson Messenger Service          Barnard, Volger & Company
Georgeson, Thompson & Angaran                           Victoria Mendoza, Esq.                 Gabrielle J. Carr, Esq.
Mark Gunderson, Esq.                                    Peter Chase Neumann, Esq.              Bader & Ryan
Watson Rounds                                           Calvin Dunlap, Esq.                    Littler Mendelson, P.C.
Law Offices of Logar & Pulver                           Jones Vargas                           The Bowen Family
                                                             T H E W R I T /M A R C H                  2 0 0 6                        13

                                                    People In The News

Election News                                   Nevada Bar in 1949, and then practiced         State Bar Grant
                                                with his father, John Sinai, for many years.
                                                Donations are welcome at That Man May          Money Available
   There are many judicial and law related      See, the organization closest to his heart,
elections coming in November 2006.              at 10 Koret Way, P.O. Box 0352, San
The Writ will include news of seats being       Francisco, CA 94143. A personal memorial          The State Bar of Nevada offers the
vacated along with mention of candidates        will be printed in the April Writ.             Public Service/Law Related Activities
in the people column. We gather the news                                                       Grant Program. Grants will be awarded to
from the Reno Gazette Journal. If you are a                                                    assist Nevada organizations in the funding
candidate or know of candidates, please         People News                                    of law related public service and/or law
let us know at 775-786-4494.                                                                   related educational activities. Awards will
   Nevada Supreme Court Chief Justice                                                          be made annually on a “funds available”
Bob Rose announced that he is not seeking         Hon. Jack Schroeder, of Reno Justice         basis, and all applications shall be subject
re-election. Justice Nancy Becker will run      Court was elected to serve as president        to review and final approval by the Board
for re-election as will Justice Michael         of the Nevada Judges Association. He           of Governors of the State Bar of Nevada.
Douglas. Clark County District Court            will serve a one-year term which began in         For an application and for more
Judge Michael Cherry has announced his          January 2006.                                  information, please contact Gale L. Skala
candidacy for the seat being vacated by                                                        at , or at (702) 382-2200.
Justice Rose.                                                                                     Applications must be postmarked by
   Reno City Attorney Patricia Lynch has                                                       March 15, 2006.
announced her candidacy for the seat on
Reno Justice Court being vacated by Judge
Fidel Salcedo. Attorneys Brett Kandt, John
Kadlic and Ken Stover have all announced
plans to run for that position.
   Incline Village Justice of the Peace James
Mancuso has announced his plans to retire
from that position. E.A. “Bo” Pollard and
Alan Tiras, both Incline Village lawyers,
have announced intentions to run for that
   In Carson City, Judge Robey Willis is
seeking reelection to the seat on Justice
Court that he has held since 1989. Mark
Krueger, Senior Deputy Attorney General,
is opposing him in that election.

In Memoriam

  David P. Sinai, senior law partner
at Sinai, Schroeder, Mooney, Boetsch,
Bradley & Pace died in Reno February
2 after a short illness. Sinai attended
local elementary and high schools and
graduated from UNR. He graduated from
Hasting Law School, was admitted to the
   14   T H E W R I T /M A R C H                2 0 0 6

                                                  PRO BONO CORNER

Family Pro Bono                              State Bar of                                 legal services; working with and assisting
                                                                                          existing pro bono programs, and helping
Lawyers Needed to                            Nevada Seeks Pro                             develop and implement new programs;
                                                                                          and writing articles on pro bono activities
Take One Case Per                            Bono Coordinator                             for Nevada Lawyer and other state bar
Year                                                                                         Qualifications: Degree or equivalent
                                               The State Bar of Nevada is seeking a       experience in legal services, government
                                             pro bono coordinator to support the bar’s    or politics. Law degree preferred;
  Washoe Legal Services needs additional     mission by promoting and facilitating        Thorough knowledge of the legal services
family law pro bono volunteers. The          volunteer pro bono legal services for the    delivery system and legal aid and pro bono
present work load is being unfairly placed   poor throughout the state.                   programs; considerable knowledge of
on too few attorneys. We need additional       Duties will include: updating and          public relations and program development;
volunteer attorneys to handle one family     publishing an annual directory of            effective oral and written communication
law case per year. Please call Richard G.    organized pro bono programs in Nevada;       skills.
Campbell, Sr. at 329-2727 ext. 121 to        delivering    presentations     promoting       Send a cover letter and resume with
volunteer.                                   development and participation in pro         salary history to Executive Director, State
                                             bono programs; servings as staff liaison     Bar of Nevada, 600 East Charleston Blvd.,
                                             to the bar’s Access to Justice Section and   Las Vegas, NV 89102-1563. Fax 702-382-
                                             other groups concerned with pro bono         2075.

                              L AW L I B R A R Y                                              L E T T E R S
                         Sandy Marz, Law Librarian

        LIBRARY HOURS:                         LAWYER IN THE LIBRARY                        The Writ welcomes letters to the editor
                                                                                          regarding articles in The Writ. Columns
                                                I would like to thank the following       and articles in The Writ express the views
   M-Th 8 a.m. – 9 p.m.                      attorneys for participating in the Lawyer    of the authors and not necessarily those of
   Fri. 8 a.m. – 5 p.m.                      in the Library program this past month:      WCBA. We publish articles and viewpoints
   Sat.-Sun. 10 a.m.–5 p.m.                  Ian Silverberg, William O’Mara, Leah         that are educational, interesting, sometimes
                                             Wigren, Eric Lerude,         and Garrett     humorous and occasionally provacative.
                                             Gordon. I would also like to thank Dennis      Letters should be no more than 250
                                             Cameron for presenting the seminar,          words in length and may be sent to Writ
                                             “Social Security Disability Law.” Please     Editor, P.O. Box 1548, Reno, NV 89505.
                                             call Nikki Britt at 328-3250 if you would    We reserve the right to edit for length.
                                             like to volunteer.
                                                         T H E W R I T /M A R C H             2 0 0 6                       15

                                 UPCOMING EVENTS

                MARCH                             and Bar may better serve the Bar
                                                  and the public.
8    WCBA luncheon, Harrah’s Reno.             23 Your Office: Keeping Up and
     All seven justices from the Nevada           Keeping Safe, Federal Courthouse
     Supreme Court will present the               Jury Assembly Room, 1:30 - 4:45, 3
     “State of the Court.” Fax the form           cr. CLE. See page 9 for details.
     below, call 775-786-4494 or register
     online at by March 6.                           APRIL
10   Retirement party for Judge Peter
     Breen, Eldorado Hotel & Casino.           19 NALS of Washoe County will be
     Details, Ronda Clifton, 786-1769.            holding its general meeting at Heidi’s,
15   Probate Bar Association, 12 noon,            2450 S. Virginia., Reno, 826-3336
     Famous Murphy’s. Topic to be                 during the noon hour. Guest speaker
     announced. RSVP 324-7822.                    will be Capt. Don Means, Washoe
15   NALS of Washoe County general                County Sheriff Dept., whose topic
     meeting and installation of officers          will be “CSI: Washoe County. CLEs
     at Heidi’s, 2450 S. Virginia., Reno,         will be given. Please RSVP with
     826-3336 , 12 noon. RSVP with                Meredith Marinello at (775) 853-          will be in Dept. 8 of the Second
     Meredith Marinello at (775) 853-             5700 no later than April17, 2006.         Judicial District Court. Registration
     5700 no later than March 13, 2006.        26 Dennis Green (Westar) on Accident         fee for each is $20, payable at the
20   Reno Justice Court Bench Bar                 Reconstruction. CLE certificates           door; checks made payable to NALS
     meeting on Monday, March 20 at               for 1.5 hours for each evening (also      of Washoe County. Please no food or
     4:30 p.m. at One South Sierra St.,           May 24, Grammar and June 28,              drinks in the courtroom. If you have
     Second Floor. Bar members are                Domestic Violence) for both NALS          any questions, please contact Susan
     invited to discuss with the Bench            and SNAP. Each program will run           Davis at 786-6868 or Marianne
     their concerns about how the Bench           from 5:30 p.m. to 7 p.m. Location         Hiser at 788-2000.

     Nevada Supreme Court: State of the Court

    Name(s) _______________________________________________________________

    Law Firm/agency ________________________________________________________

    ❏ $20 per person           ❏ $160 table of 8

    ❏ Check enclosed for $________
    ❏ Will pay at the door
    ❏ Bill my Visa/MC/AmEx for $______________
    Card # _________________________________Exp. _______3-digit security code______
    Billing Address for card ______________________________________________________
                                                                                                FAX TO 324-6116
    Mail to: WCBA, P.O. Box 1548, Reno, NV 89505
    Register online at Pay by credit card on our new secure site!
     16    T H E W R I T /M A R C H                                  2 0 0 6

                                                                                                                                exceptional benefits, including high rise window office and
                                                                                                                                annual Hawaii retreat for all attorneys and spouses. Send
                                                                                                                                resume to

                          C L A S S I F I E D                                                                                                  OFFICE SPACE
                                                                                                                                ❖NEW BLDG. IN MOUNTAIN VIEW CORPORATE
                                                                                                                                CENTER. Design your own space. Generous tenant
                                                                                                                                improvement allowance. Contact Gayle Kern 324-5930 or
                EMPLOYMENT                                      community lawyering and social justice, a minimum of  
                                                                four (4) years of legal experience, a license to practice       ❖LAW OFFICE SPACE FOR RENT at 527 California
                                                                law in any state in the nation, and be willing to sit for the   Ave. CM/ECF supported with Internet access, office
❖COMMERCIAL AV RATED LAW FIRM is                                next available Nevada Bar exam. A familiarity with Legal        machines, etc. available. Relaxed atmosphere near all
seeking: LITIGATION ATTORNEY for Reno office with                Service Corporation funded programs is preferred. To            courthouses. Both large and small suites available. 329-
up to 3 years’ commercial litigation experience (Nevada         apply, please send cover letter, resume, and writing sample     4999.
license preferred). LITIGATION ATTORNEY for                     to: Wayne Pressel, 841A East Second St., Carson City, NV        ❖HISTORICAL OFFICE FOR LEASE at 520 Mt. Rose
Las Vegas office with 2 to 5 years’ commercial litigation        89701                                      Street; close to courthouse and work out centers; 1400
experience. E-mail resume to recruitinghr@halelane.             ❖STATE OF NEVADA - DEPARTMENT OF                                sq. ft. with seven off-street parking spaces. For additional
com.                                                            PERSONNEL is accepting applications for service for four        information please call 786-7676 or set up an appointment
❖ASSOCIATE ATTORNEY POSITION AVAILABLE                          (4) positions. These include Hearing Officer – Southern          to see.
at the Reno office of statewide civil litigation firm handling    Nevada, Hearing Officer – Northern Nevada, Alternate             ❖STATE OF THE ART OFFICE BUILDING for lease at
serious personal injuries, product liability and medical        Hearing Officer – Southern Nevada and Alternate                  580 Mt. Rose Street; 2600 sq. ft. with an attached two-car
malpractice. Should have 3-7 years experience, including        Hearing Officer – Northern Nevada. Responsibilities              garage; eight off-street parking spaces. Available in March.
(preferably) at least one jury trial. Please submit a resume,   include hearing cases related to disclosure of improper         Please call 786-7676 for additional information or set up
writing sample and a list of references to 3185 Lakeside        governmental action, dismissal, suspension, demotion and        an appointment to see.
Dr., Reno NV 89509. Salary D.O.E. with excellent benefits.       involuntary transfer of State employees as provided in          ❖FORMER ATTORNEY’S OFFICE: In-close SW
Confidentiality of inquiries will be respected.                  NRS Chapter 284. Decisions issued are subject to judicial       location. Multi-tenant office building, large individual
❖PARALEGAL AND LEGAL SECRETARY POSITION                         review. Applicants must be licensed Nevada attorneys,           offices from 300-600 sf., includes use of conference room.
available at the Reno office of statewide civil litigation firm   preferably with experience in administrative law. To obtain     Contact Mallard Investment Management 775-786-9315.
handling serious personal injuries, product liability and       information necessary to submit applications, visit our
medical malpractice. Must have adequate experience in           website at, or call
                                                                Beverly Ghan at (775) 684-0126. Applications deadline:
one or more of these areas. Salary d.o.e. with excellent
benefits. Confidentiality of inquiries will be respected.         March 31, 2006. EOE/AA
                                                                                                                                ❖TRANSCRIPTION - PROFESSIONAL AND
Please submit a resume and list of references to 3185           ❖ASSOCIATE ATTORNEY WANTED FOR FAMILY
                                                                                                                                RELIABLE service, competitive pricing, flexible to serve
Lakeside Drive, Reno NV 89509.                                  LAW at the Law Offices of Marilyn D. York. Nevada bar
                                                                                                                                your needs. Pick up/drop off services available. Please
❖RENO FIRM NEEDS EXPERIENCED LEGAL                              and 2+ years experience in family law preferred. Good           contact Juleie Rowan at 775-745-2327.
SECRETARY for litigation practice. Insurance defense            legal writing and computer skills are necessary. Top pay
experience greatly preferred. Salary extremely competitive      and benefits for top legal staff. Please fax resume to 324-
and commensurate with experience. 324-6500 ask for              7991.                                                                           MISSING WILL
Kelly.                                                          ❖THE WASHOE COUNTY SENIOR LAW PROJECT
                                                                is administering a one-year grant to provide representation     ❖SEARCHING FOR LAST WILL AND TESTAMENT
❖EXPERIENCED ATTORNEY AVAILABLE for                                                                                             for Thelma Cynthis Griffin, who died on October 11, 2004.
contract work. Court appearances, research, trial assistance,   for elderly persons (wards) in guardianship actions. We
                                                                may need additional contract attorneys to provide such          If you prepared her will, please contact Dawn Ellerbrock,
discovery, and preparation of motions, pleadings, and                                                                           attorney for Special Administrator, 775-687-0202.
                                                                representation. If you are interested and have 5 years or
briefs. CA and NV licensed. Amy Henderson. 775-322-
                                                                more of experience with elder law issues or guardianship
                                                                matters, please contact 775-328-2592.
                                                                ❖ASSOCIATE POSITION FOR RECENT LAW
NON-FOR-PROFIT with 4 offices statewide, is seeking
                                                                SCHOOL graduate available in Reno office of Robertson
a highly organized and zealous Managing Attorney
                                                                & Benevento, a statewide business litigation firm. Local
for Reno’s Biggest Little Legal Services law office. All
                                                                ties and excellent academics preferred. Top salary and
applicants should have a demonstrated commitment to

                                                                                                                                                                PRESORTED STD
                                                                                                                                                                U . S . P O S TA G E

                                                                                                                                                                P A         I    D
                                                                                                                                                                R E N O , N E VA D A
                                                                                                                                                                PERMIT NO. 418

               P.O. Box 1548, Reno, NV 89505