AGENDA BOARD OF GOVERNORS MEETING Reno, NV April ...

1

AGENDA BOARD OF GOVERNORS MEETING

Reno, NV April 13, 2016 9:00‐5:00 pm

Lunch with Washoe County Bar ‐ Noon ________________________________________________________________________ Agenda and Call to Order

President’s Report 5 minutes

Discussion Tab 1

Unified Bar Exam, Rick Trachok 30 minutes

Board of Governor Term Limits 30 minutes

Sections 15 minutes

Action Items ‐ Written/Action Tab 2

Personal Injury Specialization Board Appointment 20 minutes

Proposed Changes to Fee Dispute Bylaws 20 minutes

Discipline Report, Stan Hunterton 45 minutes Tab 3

Discipline Update

Executive Session 15 minutes Tab 4

Action Items – Written/Action Tab 5

Financial Report through February 28, 2016 30 minutes

Investment Committee Report 15 minutes

Audit Committee Report 15 minutes

Lawyer Referral & Information Service Grants 20 minutes

Mock Trial Committee Rules of Procedure 20 minutes

New Section Application‐Marijuana Law Section 30 minutes

Probate and Trust Section Position Paper (Supplemental) 20 minutes

ABA Day in Washington 15 minutes

2

Consent Agenda ‐ Written/Action Tab 6

Minutes of January 2016

Resignations Tab 7

Contracts Tab 8 o LaJolla Beach & Tennis (April 2017; September 2017) o July 2016 Bar Exam – UNR< UNLV o Clio o All Covered o Cox Communications

Appointments Tab 9 o Section Appointments o LRIS Committee Appointments o Fee Dispute Arbitration o Advertising Advisory Committee o CLE Appointments

Information Items ‐ Written/No Action Tab 10

Access to Justice Commission Jackrabbit Bar Conference

Clients’ Security Fund 2015 Annual Report Nevada Bar Foundation Annual Report

Publications Update Nevada Lawyer Report Young Lawyers Section Report

Trial Skills Institute Update Executive Committee Highlights

2013‐18 Mission/Strategic Plan

Adjourn

Important Dates: Board Meeting ‐ABA Day in Washington, April 20‐21 ‐Jackrabbit Bar, June 2‐4, Squaw Creek ‐ June 28, 2016, Big Island of Hawaii

1

March 28, 2016

TO: Board of Governors

FROM: Kimberly Farmer

RE: Uniform Bar Exam Discussion

The Board will discuss the current trend in bar examinations ‐‐ the Uniform Bar Examination (UBE).

Nevada Bar Exam The Nevada bar exam consists of:

Seven essay questions prepared by the Board of Bar Examiners. Essay examination subjects include a required question on legal ethics as well as the possible following subjects: Agency and Partnership; Community Property; Conflict of Laws; Constitutional Law; Contracts; Corporations; Criminal Law and Procedure; Evidence; Persons and Domestic Relations; Real Property; Remedies; Torts; Uniform Commercial Code (Articles 2,3 and 9); Wills, Estates and Trusts; as well as pleadings and practices under both the Nevada Rules of Civil Procedure and the Federal Rules of Civil Procedure. Both fundamental legal principles and Nevada law are tested and may embrace more than a single subject.

Two 90‐minute Multi State Performance Test (MPT) examination questions requiring the application of fundamental lawyering skills in a realistic situation. Skills tested are factual analysis, legal analysis and reasoning, problem solving, identification and resolution of ethical dilemmas, written communication, and organization and management of legal tasks.

The Multi‐State Bar Examination (MBE). A six‐hour, 200‐question multiple‐choice examination covering Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Civil Procedure and Torts.

Additionally, an applicant is required to take and pass with a score of 85 or higher the Multistate Professional Responsibility Examination (MPRE) within three (3) calendar years before or three (3) calendar years after the examination that an applicant passes (SCR 65.5). This two‐hour, 60‐question multiple‐choice examination is administered three times each year and designed to measure knowledge and understanding of established standards related to a lawyer’s professional conduct.

2

Uniform Bar Exam Many states have adopted the Uniform Bar Exam (PDF of map attached). The UBE is coordinated by the National Conference of Bar Examiners and is composed of the Multistate Essay Examination (MEE)1, two Multistate Performance Test (MPT)2 tasks, and the Multistate Bar Examination (MBE)3. It is uniformly administered, graded, and scored by user jurisdictions and results in a portable score that can be transferred to other UBE jurisdictions.

The UBE is administered over two days, with the MBE given on the last Wednesday of February and July and the MEE and MPT given on the Tuesday prior to that. Jurisdictions that use the UBE may require applicants to also complete a jurisdiction‐specific educational component and/or pass a test on jurisdiction‐specific law in addition to passing the UBE.

2016-AdoptionoftheUBE-withotherNCBEtest

1 The Multistate Essay Examination (MEE) consists of six 30‐minute questions. The purpose of the MEE is to test the examinee’s ability to (1) identify legal issues raised by a hypothetical factual situation; (2) separate material which is relevant from that which is not; (3) present a reasoned analysis of the relevant issues in a clear, concise, and well‐organized composition; and (4) demonstrate an understanding of the fundamental legal principles relevant to the probable solution of the issues raised by the factual situation. The primary distinction between the MEE and the Multistate Bar Examination (MBE) is that the MEE requires the examinee to demonstrate an ability to communicate effectively in writing. 2 The Multistate Performance Test (MPT) consists of two 90‐minute items. The MPT is only one of a number of measures that a board of bar examiners may use in determining competence to practice. The MPT is designed to test an examinee’s ability to use fundamental lawyering skills in a realistic situation and complete a task that a beginning lawyer should be able to accomplish. The MPT is not a test of substantive knowledge. Rather, it is designed to evaluate certain fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise.

3 Multi‐State Bar Examination (MBE). A six‐hour, 200‐question multiple‐choice examination covering Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Civil Procedure and Torts.

( eff. 7/13)

( eff. 2/13)

Adoption of the Uniform Bar Examinationwith NCBE Tests Administered by Non-UBE Jurisdictions

February 1, 2016

MPRE

UBE

MPT

MEE

MBE

LEGEND

Guam Northern Mariana Islands Palau Virgin Islands

JURISDICTIONS NOT SHOWN ON MAP

( eff. 7/12)

( eff. 7/14)

( eff. 2/12)

( eff. 2/12)

( eff. 2/11)( eff. 2/14)

( eff. 2/11)

( eff. 7/11)

( eff. 2/13)

( eff. 7/13)

( eff. 7/13)

( eff. 2/14)

( eff. 7/16)

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( eff. 2/16)

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( eff. 7/16)

DISTRICT OF COLUMBIA

1

March 28, 2016


FROM: Kimberly Farmer

RE: Board of Governors Terms

The Executive Committee reviewed SCR 81 Board of Governors: Election of Members; Terms. The review and discussion was to determine if a rule change is in order to extend terms of Board members who wish to serve as officers of the Bar.

The attached table illustrates the option the Committee considered. This option extends the term limit for a Board member who is elected vice president in his or her 8th year on the Board, thus allowing the individual to serve 10 years on the Board (year 10 is the year this person would serve as president).

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: Sections The State Bar now has 26 sections and 1 division. They range from a smaller section with 10 members to the largest sections with 352 members. The activities of the sections are as varied as the practice areas they cover. However, we work to consistently manage the sections, no matter what size or how active. The attached table provides an overview of section activities. A number of issues regarding sections have come up for discussion. They range from financial to administrative and policy matters. It is requested that a Board Taskforce be formed to review section management to determine if changes or added policies are necessary. The issues cover: Administrative fees; carryover balances; use of carryover funds; section advocacy. Should the bar charge administrative fees to sections? The bar provides direct support to the sections through allocation of staff, about one-half of a FTE position. Some of following activities are:

Point of contact and internal advocate for sections

Performing administrative tasks such as processing expenses; review of policies and bylaws; section management

Providing marketing and communications support such as updating individual web pages, quarterly newsletters, announcements, support to social events

Budget and monthly reconciliations. Preparing and distributing monthly P&Ls The models for similar state bar programs range from no fees; per section member fees (ranges from $6 to $18 per member); flat fee program; fee based on a percent of section revenue; or a fee for each service. Should the policy of unlimited section carryover balances be continued? Some sections show large carryover balances. This may be the result of successful section programs or in some cases no activity by the section (thus no funds spent). In the past six months we have encouraged the sections to draw down their carryovers. A number of sections have taken heed and an active role to spend down their carryover. Should a policy be put in place that encourages section use of carryover funds and approved guidelines for use of carrover funds? Section Advocacy The Board has a policy and process for sections taking legislative positions and one for submission of amicus briefs. While not explicitly stated, it is implied that the policy covers use of section funds for political activities. We should review the section policies to ensure they are explicit in terms of what activities a section can and cannot participate in.

Sections of the State Bar of Nevada

4/6/2016

1

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires

2015 Activities 2016 Scheduled Activities

Administrative Law

Note: Governs the

activities of

administrative agencies

of government.

Paola Armeni 75

$20,475

$25 Chair: Richard Galin

Vice Chair: Richard Galin

Secretary: Stephanie Allen

Treasurer: Andrew Platt

12/2016 CLE seminar/luncheons in May,

August and October

3-4 CLE seminars/luncheons

Consultations with the Boyd

School of Law about holding a

luncheon or other gathering for

second- or third-year students

to join with administrative law

practitioners and to hear

directly from them about the

nature, scope and challenges of

this practice area

Survey section members to learn

about their particular practice

areas within the administrative

law field and their suggestions

for topics or speakers at future

CLE programs

ADR

Note: Educates

members in all forms of

alternative methods of

dispute resolution

including arbitration,

mediation, short jury

trials and other means to

avoid the expense of

litigation

Troy Isaacson 62

$29,739

$25 Chair: Patrick Chapin

Vice Chair: Bill Hammer

Secretary: Barbara Johnston

Budget Officer: Bill Turner

8/2016 Section meetings in February,

June, July, September and

November

CLE seminars in May and

November

Purchase of Short Trial Clocks

Section meeting in January

CLE seminar in November

Animal Law

Note: The purpose of

the Section is to bring

awareness to the

community of legal

issues relating to

animals in Nevada

Richard Pocker 30

$3,155

$25 Chair: Kathy McCarthy

Vice Chair: Melissa Roose

Secretary: Jill Davis

Treasurer: Jennifer Braster

5/2016 Annual membership meeting in

May

Annual membership meeting in

May


4/6/2016

2

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Appellate Litigation

Note: Focuses on the

practice of appellate

advocacy in state and

federal courts

Richard

Dreitzer

95

$5,843

$25 Chair: Seth Floyd

Vice Chair: Joel Henriod

Secretary: Jordan Smith

Treasurer: Anjali Webster

9/2016 CLE seminar at SBN annual

meeting and In December

Quarterly membership meetings

Meet and greets with the new

Court of Appeals judges

Formed a committee to explore

creation of an Appellate

specialty

Completed revision of Appellate

Practice Manual

CLE seminar at SBN annual

meeting

Developing a comprehensive

writing workshop

Quarterly membership meetings

Continue to work on proposed

updates for next edition of

Appellate Practice Manual

Bankruptcy Law

Note: Focuses on the

practice of bankruptcy

law in Nevada

Ryan Works 139

$19,265

$25

Chair: Ogonna Atamoh

Vice Chair: Scott Fleming

Secretary: James Leavitt

Treasurer: Robert Charles

2/2016

Bankruptcy Bar mixer

Sponsorship for ABI conference

Joint sponsorship of event for

Judge Riegle retirement party

with SNABA

Contribution to Legal Aid in

honor of Judge Riegle


meeting

Holiday mixers in December

Not yet determined

Business Law

Note: Focuses on

Nevada’s business law

statutes

Ryan Russell 275

$75,658

$25 Chair: Robert Kim

Vice Chair: Albert Kovacs

Treasurer: Richard Barrier

5/2017 ABA Business Bar Leader

Meeting in May 2015

2015 Legislature (February to

June 2015) including

Meetings of the Executive

Committee, Testimony before

the Senate Judiciary Committee

and Testimony before the

Assembly Judiciary Committee

Amicus Brief filed December 3,

2015

Elections (TBD)

Northern Nevada Social/Mixer

Event in January/February

2016

Southern Nevada Social/Mixer

Event January/February 2016

2017 Legislature (February –

August 2016) including

Meetings of the Executive

Committee

ABA Business Bar Leader

Meeting in May 2016

CLE seminar on Fiduciary

Duties for Nevada Entities

(TBD)

ACC-UNLV Business Clinic in

October 2016


4/6/2016

3

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Construction Law

Note: Covers legal

issues and disputes

arising from building

and improvements of all

sizes and complexity

Paul Matteoni 153

$16,201

$30 Chair: Casey Quinn

Vice Chair: Carolyn Renner

Secretary: Eva Segerblom

Treasurer: Michael Wadley

12/2016 2 General membership meetings

Monthly board meetings

Bi-monthly legislative update

meetings

CLE in November


meeting

Angel Tree Holiday charity

event

2 General membership meetings

Monthly board meetings

2 CLE seminars

Angel Tree Holiday charity

event

Elder Law

Note: Enhances the

delivery of legal

services to the elder

community by

encouraging mutual

interaction among Elder

Law Attorneys aimed at

professional growth and

development

Kari Stephens 78

$10,857

$25 Chair: Keith Tierney

Vice Chair: Homa Woodrum

Secretary/Treasurer:

Nancy Sollinger

12/2016 Monthly telephonic section

meetings

CLE seminar in December

Monthly telephone section

meetings

CLEs

Work to expand membership

Energy, Utilities &

Communication Law

Note: Enhances the

practice of energy,

utilities and

communication law

Gene Leverty 73

$7,879

$25 Chair: Don Lomoljo

Vice Chair: Curt Ledford

Secretary: Craig Newby

Treasurer: Debrea Terwilliger


July

CLE seminar in the spring

Annual membership meeting in

July

Entertainment Law

Note: Focuses on laws

applicable to filmed,

recorded or live

entertainment

Paul Matteoni 18

$3,089

$30 Chair: Matthew Pruitt

Vice Chair: Howard Siegel

Secretary: David Kahn

Treasurer: Russell Christian

12/2016 CLE seminars in February,

April, May

6 Executive Committee

meetings

Pro bono Ask a Lawyer for the

Arts program


meetings

CLE seminars

Pro bono community events

Environmental &

Natural Resources

Note: Enhances the

practice of all aspects of

environmental law

Kimberly

Buchanan

73

$13,360

$25 Co-Chairs: Linda Bullen,

Therese Ure

Co-Secretary: John Zimmerman

Co-Secretary: Ross de Lipkau

Treasurer: David Hornbeck

12/2016 Lifetime achievement award

Quarterly section meetings

Election of officers at December

meeting

Lifetime achievement award


with CLE components when

possible


4/6/2016

4

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Family Law

Note: The Section seeks

to further the knowledge

of the members of the

Section, the Bar and the

Judiciary in all aspects

of Family Law

Julie

Cavanaugh-

Bill

334

$95,800

$35 Chair: Jessica Anderson

Vice Chair: Shelly Cooley

Secretary: Amber Robinson

Treasurer: Sarah Hardy-Cooper

3/2017 Annual Family Law Conference

in Ely on March 4-6

Specialization exam on

February 28

CLE seminar at Annual

Meeting

Worked on legislative proposals

4 Executive Council Meetings

NFLR newsletters

Sponsored Justice Breakfast at

SBN annual meeting

Raffle donation for Pro Bono

Project

Filed an amicus curiae brief

Annual Family Law

Conference in Ely on March

3-4

Specialization exam on

February 27

NFLR newsletters

Sponsorship at SBN annual

meeting

Gaming Law

Note: Enhances the role

and skills of lawyers

engaged in the practice of

gaming law

Ryan Works 166

$92,849

$25 Chair: Jeff Rodefer

Vice Chair: P. Gregory

Giordano

5/2018 7 hour CLE – 2015 Bank

Secrecy Act in June

Gaming Law conference in

November

Annual publication of Nevada

Gaming Lawyer magazine in

September

Pro Bono Employee

Registration Program in

conjunction with legal service

providers

GLS scholarship at UNLV Law

School


meetings

2016 Banks Secrecy Act

Conference

Annual publication of Nevada

Gaming Lawyer magazine in

September

Gaming Law conference in

November

Publication of Nevada

Gaming Law Practice &

Procedure Manual


meetings

Insurance & Health

Note: The section is

dedicated to recognizing

and discussing means of

improving the law and

practice of law in

insurance and healthcare

through programs,

forums and other

activities to educate

members of the bar

Ann Morgan 73

$14,329

$25 Chair: Pat Leverty

Vice Chair: Tim Mulliner

Secretary: Susan O’Brien

Treasurer: William Ginn

6/2016 Participated in Health Care

Reform CLE in March

Section members drafted

chapters for Guide to

Affordable Care Act in Nevada


meeting

Wrote Nevada Lawyer articles

for Insurance Law issue

Publication of Affordable

Care Act Manual

CLE seminars on ACA

manual, medical referral

issues, insurance law update


4/6/2016

5

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Intellectual Property

Note: Focuses on

improving practice in the

following areas:

trademark, copyright,

patent, technology, sports

and entertainment

Troy Isaacson 101

$35,794

$25 Chair: Joanna Myers

Vice Chair: Lindsey Williams

Secretary: Stephanie Buntin

Treasurer: Juan Rodriguez

11/2016 Bi-monthly section meetings

(Jan, Mar, May, Jul, Sept, Nov)

CLE seminar and annual section

meeting in Nov.

Bi-monthly section meetings

(Jan, Mar, May, Jul, Sept,

Nov)

CLE seminar and annual

section meeting in Nov.

International Law

Focuses on making

international laws

accessible through the

creation of a network of

international law

resources

Eric

Dobberstein

20

New section,

no balance

carried

forward

$25 Chair: Wilbur Roadhouse

Vice Chair (North): Richard

Trachok II

Vice Chair (South): Michael

Buckley

Secretary: Peter Ashman

Treasurer: Theodore Williams

8/2016 The Chair visited the Bar

Associations of Shanghai and

Suzhou, as well as the Seoul

Bar Association, to explore

possible future networking

The Executive Committee

commenced planning future

activities for the ILS


meeting

Coordination with other

external bar associations to

establish networking

opportunities

Focus on increasing

membership

Labor & Employment

Note: Focuses on laws

governing

labor/management-

employer/employee

relationships as it affects

both employers and

employees

Ann Morgan 162

$6,660

$30

Chair: James Kemp

Chair Elect: Deanna Brinkerhoff

Secretary: Kristina Gilmore

Treasurer: Peter Navarro

6/2016 Published first edition of

Nevada Practitioners’ Journal

of Labor and Employment Law

in February

Published newsletters in May

and November


meeting

CLE seminar in October

General annual meeting in

October


meetings

CLE seminars

Social mixers

Newsletters

General annual meeting in

October


meetings

LGBT

Note: Focuses on issues

of importance to the

LGBT client and

community

Paola Armeni 35

$10,969

$25 Chair: James Davis

Vice Chair: Kimberly Surratt

Secretary: Peter Goatz

Treasurer: Peter Cleary

11/2017 CLE seminars in January and

December

Hosted the LGBT Bar

Association Family Law

Institutes Regional Conference

in January

Social in January


meeting


Worked on legislative proposals

2 CLE seminars

2 socials



4/6/2016

6

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Litigation

Note: The goals of the

Section are to review and

work to improve laws

and procedure in the

areas of criminal and

civil law and to offer

publications and quality

CLE programming

Richard

Pocker

307

$35,196

$30 Chair: Tracy DiFillipo

Vice Chair: Justin Jones

Secretary: David Carroll

Treasurer:

9/2016 Medical Marijuana CLE/Mixer

with the Solo Section

Summary Judgment CLE at

State Bar Annual

Lunch Box CLE on Short Trials

Lunch Box CLE Bankruptcy for

Litigators

General Membership meeting

electing officers and executive

committee members, and

presentation from the Court of

Appeals

Continue CLE lunchbox

series

Create a one-day CLE

program on Short Trials to

be used in conjunction with

the Short Trial Volunteer

Program

CLE program with the

Appellate Section

Proposal for CLE seminar at

SBN Annual Meeting

Sponsor two attendees for

Trial Academy Annual

Meeting

CLE mixer

Meet your Candidates mixer

General membership meeting

with elections and speakers

Paralegal Division Bryan Scott 23 $65 Chair: Conni Hebert 1/2018 Board meetings Pro bono activities

Board meetings

Probate & Trust

Note: Focuses on review

and development of

probate and trust law and

the law relating to estate

planning

Ryan Russell 224

$60,954

$25 Chair: Elizabeth Brickfield

Vice Chair: Michelle Rafferty

Secretary: Dana Dwiggins

Treasurer: Julia Gold

9/2017 Quarterly section meetings

Continue developing a

certification program

Continue working on a chapter

of Nevada Civil Practice

Manual


annual meeting

Worked on and passed

substantial legislation


Quarterly Bench Bar meetings

with Judge Sturman

Public Lawyers

Note: Focuses on duties

and responsibilities of

members of the legal

profession practicing in

the public sector

Kimberly

Buchanan

228

$7,323

$25 Chair: Brett Kandt

Vice Chair: Tina Russom

Secretary: Sarah Bradley

5/2016 Co-sponsor Nevada Gov’t Civil

Attorneys Conference with the

State of Nevada Advisory

Council for Prosecuting

Attorneys on May 1-3 (115

attendees)

Quarterly newsletter

Annual section meeting

Co-sponsor Nevada Gov’t

Civil Attorneys Conference

with the State of Nevada

Advisory Council for

Prosecuting Attorneys in

May


Annual section meeting


4/6/2016

7

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Real Property

Note: Serves as a

resource for expert

analysis of legislative

proposals and regulations

affecting real property

Eric

Dobberstein

209

$19,195

$25 Chair: Michael Buckley

Vice Chair: Karen Dennison

Secretary: Matt Watson

Treasurer: DeArmond Sharp

8/2016 Monthly Executive Committee

meetings


meeting

CLE seminar in December

Legislative update webinar

Legislative activities including

formal and informal meetings

regarding legislative proposals

previously approved

Monthly Executive

Committee meetings

Work with legislators and

LCB to pursue enactment of

section’s legislative

proposals

Annual membership meeting

in January

CLE seminar and mixer

Working on a list of areas for

proposed new legislation

Creation of an award

honoring significant

contributions in this practice

area

Solo & Small Practice

Note: Provides

networking and support

for solo and small firm

practitioners in areas

unique to those

individuals, specifically

in marketing, technology

and office management

Ryan Russell 76

$9,662

$25 Chair: Edmund Joe Gorman

Vice Chair: Laura Stubberud

Secretary: Jenni Hubach


September

Quarterly mixers in North and

South

Joint CLE seminar with

Litigation section in February

CLE seminars in March and at

SBN annual meeting

Co-sponsored Autumn Inspire

mixer with YLS

Provide articles for Nevada

Lawyer magazine

4 CLE seminars and 2 brown

bag lunches


SBN annual meeting

Create a resource book and

member directory

Survey section members

Tax Law

Note: The Section aims

to further the knowledge

of its members in the law

of federal, state and local

taxation

Richard

Dreitzer

78

$14,809

$20 Chair: Krisanne Cunningham

Vice Chair: Andrew Glendon

Secretary: Jared Johnson

Treasurer: Andrea Nichols

12/2016

None Executive Committee

Meetings in January and

April

CLE seminar in February

Social events in February in

the Las Vegas and Reno

Tribal Law

Note: The section focuses

on the exchange of

information among

members of the Section,

the bar, the tribal courts

and other interested

entities

Julie

Cavanaugh-

Bill

New section,

no balance

carried

forward

$30 Chair: AnnaMarie Johnson

Vice Chair: Scott Souers

Secretary: Victoria Oldenburg

Treasurer: Dawn Gearhart

4/2016 Monthly Executive Committee

meetings

Recruitment efforts to increase

membership

Quarterly Executive

Committee Meetings

2 CLE seminars

Continued recruitment efforts


4/6/2016

8

Section 2015-2016

BOG Liaison

# of

Members/

Balance

Carried

Forward

Dues Officers Term

Expires


Young Lawyers

Note: YLS membership

is open to all attorneys

who have been admitted

in Nevada for less than

five years, or are 36 years

old or younger

Kari Stephens 352

No balance

carried

forward

$25 Chair: Layke Martin

Chair Elect: Jeffrey Conner

Secretary: Jordan Davis

Budget Director:

Dylan Ciciliano

7/2016 CLE seminar in April

Trial Academy at SBN annual

meeting

Serving Seniors events in April

Project Salute in May

Social events in May, July and

November

Poster and essay contest in June

Ask a Lawyer event in Moapa

Valley in September to assist

flood victims

Goldilocks presentations


Co-sponsored Autumn Inspire

mixer with Solo and Small

Practice section

CLE seminar in January

Serving Seniors event

Trial Academy at the SBN

annual meeting

Socials

1

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: Board of Personal Injury Specialization On April 29, 2015, the Board of Governors named four attorneys to the Board of Personal Injury Specialization with staggered terms of one, two or three years. Jay Kenyon served a one year term and has reapplied to serve a second term. Additionally, applications were received from: Daniel O’Brien Clark Seegmiller All three applicants are members in good standing residing in Nevada. As a reminder, the members of the Board of Personal Injury Specialization are responsible for the administration of the program for certification of Personal Injury Specialization; establish standards concerning education, experience and other relevant matters for certification; approve or deny applicants for certification; provide procedures for the investigation of applicants' qualifications; establish and enforce standards of professional conduct for personal injury specialized lawyers; and test and establish grading criteria. The Personal Injury Specialization taskforce reviewed the applications and recommend that Jay Kenyon be reappointed to the Board of Personal Injury Specialization for a two year term ending April 2018.

Application Type

I am an attorney applicant

Name

Jay Kenyon

Bar Number

6,376

Date Admitted to State Bar of Nevada

10/01/1997

If Admitted to Other Jurisdictions, Please List State and Year of Admission

State Bar of California: 9/1/1999

Name of Committee appointments you seek

Board of Personal Injury Legal Specialization

Employer

Yan Kenyon

Employer Address

7881 W Charleston Blvd, Suite 165 Las Vegas, NV 89117 Map It

Email

[email protected]

Phone

(702) 888-0000

Do you have any disciplinary matters pending?

No

Have you ever had a finding of discipline - public or private - in this or any other jurisdiction?

No

List any State Bar sections of which you are a member

None

List Pro Bono activities including organizations and pro bono hours

Current Member of Board of Personal Injury Legal Specialization

Fields in which you practice

personal injury, collections,

Please provide a brief statement indicating why you wish to serve on this committee and what you can contribute

I have enjoyed my experience sitting on the board and developing the exam for the 2014/2015 applicants. I would like to continue to serve and believe my experience in personal injury did and will continue to contribute to the board.

http://maps.google.com/maps?q=7881+W+Charleston+Blvd%2C+Suite+165+Las+Vegas%2C+NV+89117

mailto:[email protected]

Discipline Confidentiality Waiver

Yes

Conflict of Interest

Yes

I request an advisory opinion to or a waiver from the Conflict of Interest Policy

No

Resume or Biography

PROFESSIONAL-RESUME-060615.pdf

Hobbies / Interests

Nebraska Football, reading, skiing, biking, independent film, coffee, and The Beatles

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Jay A. Kenyon, Esq. Yan Kenyon

7881 West Charleston Blvd. • Suite 165 • Las Vegas, NV 89117 Tel: 702.888.0000 • Fax: 702.888.0011

[email protected] • www.yan-kenyon.com

ADMITTED TO PRACTICE • State Bar of Nevada, October, 1997. Bar No. 6376. • State Bar of California, September, 1999. Bar No. 202499.

PROFESSIONAL EXPERIENCE • Owner, Yan Kenyon, Las Vegas, Nevada. 2010 to present. Practice consists primarily of all aspects of claims and civil litigation with emphasis on personal injury. Range of practice includes premises liability, motor vehicle accidents, wrongful death, burn injuries, brain and spinal cord injuries, injuries to children, products liability, assaults, and animal attacks. • Attorney, Henness & Haight, Las Vegas, Nevada. 2004 to 2010. Practice consisted exclusively of plaintiff’s personal injury claims and litigation. • Attorney, Wingert, Grebing, Brubaker & Goodwin, Las Vegas, Nevada . 1997 to 2004. Practice included all aspects of civil litigation, including personal injury defense, commercial collections, construction defect, contract disputes, and injunctive relief.

TRIAL / LITIGATION EXPERIENCE • I have conducted several jury and non-jury trials involving personal injury cases. All of my trials have involved premises liability cases and car accidents, both as Plaintiff and Defense counsel. In addition, I have prevailed on several cases via motion practice, including dog bites, slip and falls, negligent security, and car accidents.

EDUCATION • University of Iowa College of Law, J.D., May, 1997, with Distinction. • University of Kansas, B.A., December, 1993, Phi Beta Kappa, with majors in Political Science and Communication Studies.

REPORTED CASES • AA Primo Builders, LLC v. Washington, 245 P.3d 1190, 126 Nev. Adv. Op. 53 (2010).

PUBLISHED ARTICLES • U.S. v. Smith: Making ERISA Pension Benefits Judgment Proof, 81 Iowa L. Rev. 461 (1997). • The Interest of the State in Supplying Children with Condoms in Schools, 2 LegalBrief L.J. 4 (1998).

SEMINAR PRESENTER • Insurance Fundamentals for Personal Injury Practice (co-presenter) — April, 2012. • Uninsured and Underinsured Motorist Litigation from A to Z (co-presenter) — April, 2013.

HONORS / RECOGNITION • Martindale Hubbell AV Preeminent rated • Nevada Business Magazine’s Legal Elite, 2011, 2012, 2013, 2014 • Nevada Super Lawyer / Mountain States Super Lawyer, 2010, 2011, 2012, 2013, 2014

PROFESSIONAL AND CIVIL ACTIVITIES • Member of Temple Sinai Board of Trustees (2014 to present) • Member of State Bar of Nevada Board of Personal Injury Legal Specialization (2015 to present)

INTERESTS • Nebraska Football, reading, skiing, biking, independent film, coffee, and The Beatles.


http://www.yan-kenyon.com

Application Type


Name

Daniel Louis O'Brien

Bar Number

983


09/27/1982


N/A



Employer

Clark County School District

Employer Address

5100 West Sahara Avenue Las Vegas, Nevada 89146 Map It

Email

[email protected]

Phone

(702) 799-5373


No


No


Public Lawyers


I judge moot court, mock trial, appellate advocacy and attorney-client competitions at the High School and Collegiate levels. I also speak every year at one or more schools concerning careers in Law. On the average, I spend between 20 and 30 hours a year in such activities.


Litigation, personal injury defense, public school law, government law, administrative law, and appellate practice. I am also an arbitrator with the Court-Annexed Mandatory Arbitration program and arbitrate anywhere from six to twelve arbitrations every year.


http://maps.google.com/maps?q=5100+West+Sahara+Avenue+Las+Vegas%2C+Nevada+89146


I have over 32 years of experience in personal injury law, both as a Plaintiffs' attorney and as a Defense attorney. Unfortunately, a significant number of professionals in this area lack fundamental skills necessary to properly represent their clients in arbitrations or in court. I would like to lend my experience in assuring that those individuals certified as personal injury specialists are qualified to competently represent their clients and to conduct themselves to their clients' best advantage in court.


Yes


Yes


No

Resume or Biography

DAN-Resume.wpd

Hobbies / Interests

Coin collecting, woodworking, jewelry making, playing with my grandkids.

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Daniel Louis O’Brien

Nevada Bar No. 983

927 Wagon Train Drive

Henderson, Nevada 89002-9533

(702) 799-5373

1999 to Present: Senior Assistant General Counsel, Clark County School District, 5100

West Sahara Avenue, Las Vegas, Nevada 89146.

Responsible for litigation (Defense of the School District, its Board of

School Trustees and employees) in State and Federal Courts in Nevada.

Mentor associate counsel in litigation of claims. Also counsel District

and its employees on school related matters and serve on various advisory

boards for the District.

1999 to Present Arbitrator in the Court-Annexed Mandatory Arbitration Program.

1997-1999 Associate attorney with Ken Bick, located in Reno, Nevada. Insurance

Defense litigation.

1991-1997 Plaintiffs’ personal injury attorney, David Allen and Associates, located in

Reno, Nevada. Handled all aspects of personal injury claims, including

mediation, arbitration, trial and appellate practice.

1984-1991 Shareholder, Crowell, Susich, Owen & Tackes, located in Carson City,

Nevada. Administrative law and concurrently developed a successful

personal injury practice.

1981-1984 Associate Attorney with Beckley, Singleton, DeLanoy & Jemison, Chtd.,

located in Las Vegas and Reno, Nevada.

Insurance Defense and Administrative Law. Represented various clients

before the Public Service Commission, in addition to doing insurance

defense litigation. Transferred to Reno office in 1984.

Education:

1981 J.D., Willamette University College of Law, Salem, Oregon,

1976 B.A., Washington State University, Pullman, Washington.

Memberships:

State Bar of Nevada

Public Lawyers Section

Clark County Bar Association

Application Type


Name

Clark Seegmiller

Bar Number

3,873


11/10/1989


Utah 1996



Standing Committee on Professional Responsibility and Ethics

Employer

Self

Employer Address

10655 park run dr #250 Las Vegas, Nevada 89144 Map It

Email

[email protected]

Phone

(702) 266-6806


No


No


My current Stat Bar sections have expired. Past member of the ethics committee. Past member of the advertising committee . My time constraints have freed significantly in the last six months now that I finished my masters program. And I would like to get back into service.


Pro bono work on my State Bar paperwork which is unavailable to me now. I can supplement in later but I wanted to meet the deadline.


Medical malpractice Wrongful death Personal injury

http://maps.google.com/maps?q=10655+park+run+dr+%23250+Las+Vegas%2C+Nevada+89144


Gaming Law


I time constraints and Fried significantly. I very much enjoyed my service. I'm very interested in getting back with more active involvement.


Yes


Yes


No

Resume or Biography

image.png

Hobbies / Interests

Scouting, travel, and teaching

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MEMORANDUM

To: Board of Governors From: Lisa Dreitzer, Deputy Executive Director Date: March 25, 2016 Re: Fee Dispute Arbitration Committee Rules of Procedure Amendments

At the January Board of Governors meeting, the Fee Dispute Committee submitted proposed amendments to its bylaws. The suggested changes addressed issues such as the complexity of fee disputes being filed with the Committee and the balance between the voluntary nature of the program and service to the public. While generally supportive of the amendments, the Board of Governors elected to form a taskforce to more thoroughly discuss the issues. Taskforce members included: Paola Armeni, Gene Leverty, and Paul Matteoni, as well as Fee Dispute State Chair Peter Angulo and Regional Chair Dan Waite. The Taskforce identified the following issues for the Board’s discussion. A copy of the Fee Dispute Rules of Procedure is attached. The Fee Dispute Taskforce recommends the Board of Governors consider the following topics at its meeting and adopt the remaining amendments as proposed. Bylaw III: Jurisdiction; Section A. Setting a cap for the amount in dispute. There is a minimum amount in controversy that may be addressed through the fee dispute program ($250); there is no upward claim limit. The Committee often convenes arbitration panels to hear these claims; however, claims in excess of $50,000 tend to be complex and taxing on the panel’s time. Frequently, these claims are filed by law firms seeking the free assistance of the Fee Dispute Committee, rather than employing other ADR providers.

Year Total Claims $50K and over $100k and over

2014 168 17 (10%) 8 (5%)

2015 165 7 (4%) 3 (2%)

2016 (as 3/21/16) 39 4 (10%) 2 (5%)

The recommendation from the Fee Dispute Committee is to limit its jurisdiction to the same arbitration cap described in Nevada Arbitration Rule 3(A). As the statutory cap is adjusted, the Fee Dispute Committee will follow the same limitations. Bylaw IV: Section B(2): Binding arbitration for attorneys subject to three or more disputes in two years. The Fee Dispute bylaws have historically required attorneys who have repeatedly been the subject of fee disputes to participate in the program. In 2011, this section was amended to state that failure to participate could result in a referral to the Office of Bar Counsel. The intent was to give more teeth to this mandatory participation provision; however, it did not make the process consequential by obligating the attorney to binding arbitration.

The recommendation of the Fee Dispute Committee is to make arbitration automatically binding for those attorneys who have been the subject of three or more fee disputes in two years. Bylaw V: Section D(2): Voluntary Mediation Process – Participation in Good Faith. Similar to mandatory settlement conferences, the parties to fee dispute mediation are expected to act in good faith. The absence of participation by the attorney subject to a fee dispute undermines the program and provides little resolution to clients who have agreed to be held by the terms of the binding arbitration agreement.

Year Total Claims Binding Arbitration

Response Only No Response Settled or Withdrew Prior

2014 168 99 (59%) 43 (26%) 15 (9%) 11 (6%)

2015 165 91 (55%) 31 (19%) 25 (15%) 18 (11%)

2016 (as 3/21/16) 39 4 (10%) 1 (3%) 0 1 (3%)

The recommendation of the Fee Dispute Committee is to mandate participation in mediation in good faith. Participation in good faith is defined in Section V(C) and leaves discretion to the mediator to determine whether there is bad faith. Although participation in the process is mandatory, there is no mandated result. Furthermore, if the attorney elects to not sign a binding arbitration agreement, this may be the only opportunity for the client to be heard; absent binding arbitration, the matter will not proceed to arbitration if mediation is not successful. Bylaw V and VI: Referral to the Office of Bar Counsel for Failure to Participate in Good Faith. More than half of the attorneys who participate in the fee dispute process do so under a binding arbitration agreement and of those attorneys – and those who choose to provide a non-binding response – the vast majority of attorneys participate in good faith. However, for those who do not, the dispute resolution process lacks meaning to the public and often leaves a bad impression of the profession as a whole. Absent making the fee disputes mandatorily binding on all participants, the remaining mechanism to encourage participation is a referral to the Office of Bar Counsel. The recommendation of the Fee Dispute Committee is to refer those attorneys who fail to participate in good faith to the Office of Bar Counsel. Amendments to the Disciplinary Rules of Procedure: Section I. Scope of Rules In order to provide clarity regarding the authority by the disciplinary panels to take action, the Fee Dispute Committee further proposes the following expansion to the Disciplinary Rules of Procedure: I. Scope of Rules

Rule 1. The Disciplinary Rules of Procedure (DRP).

(a) Scope. These rules govern procedures before the Northern and Southern Nevada Disciplinary Boards pursuant to SCR 99-123, involving prosecution and adjudication of attorney misconduct and incapacity. These rules also govern the Rules of Procedure of the State Bar of Nevada Fee Dispute Arbitration Committee, established pursuant to SCR 86(12). Nothing in these rules shall be construed to limit or alter the inherent and exclusive authority of the Supreme Court in the regulation and discipline of attorneys.

BY-LAWS FOR THE FEE STATE BAR OF NEVADA DISPUTE ARBITRATION COMMITTEE STATE BAR OF NEVADARULES OF PROCEDURE

Amended: August 22, 2012,April __ 2016

I. DEFINITIONS:

As used in these By-Laws, unless the context requires otherwise:

A. “Arbitration” means the resolution of a fee dispute outside the courts where the parties agree to be bound by the decision of an arbitrator or arbitration panel.

B. “Decision” means the determination made by a single arbitrator or arbitration panel.

C. “Mediation” means a process by which the petitioner and respondent work with a mediator and use consensus and agreement to resolve the fee dispute.

D. “Participation” means that the attorney respondent must provide a written narrative and supporting documentation regarding the fees in dispute. Upon request from the fee dispute arbitrator or chair of an arbitration panel, the attorney respondent must also be present for the arbitration to respond to any questions posed by the arbitrator or arbitration panel.

E. “Party” means an attorney or client. who has executed consent to binding arbitration. An attorney or client who has failed to consent to binding arbitration shall not be deemed a party, shall not be entitled to notice of the hearing and shall not be entitled to participate in the hearing. However, the arbitrator(s), at his or her discretion, may allow such participation to facilitate resolution of the dispute.

F. “Petitioner” means the party requesting fee arbitration.

G. “Respondent” means the party with whom the petitioner has a fee dispute.

II. COMMITTEE COMPOSITION:

A. The Board of Governors of the State Bar of Nevada (“the Board”) established a Fee Dispute Arbitration Committee (“Committee”) pursuant to Supreme Court Rule 85 and 86.

B. The Committee consists of a State Chair and six (6) Regional Panel Chairs: three (3) in Las Vegas, one (1) in Reno, one (1) in Carson City and (1) Rural Panel Chair. The State Chair, with the consent of the Board, may create additional Regional Panel Chairs. The size and makeup of each regional panel shall be determined by the Board so that an adequate number of attorney and lay members (“Members” or “arbitrator(s)”) shall comprise each regional panel. The Board may enlarge or reduce the size of regional panels as the need appears. Each Member shall be appointed by the Board for a three (3) year term. Regional Panel members shall be appointed the Board annually, as shall the State Chair. Members’ terms shall be staggered so that approximately one-third (1/3) of the terms shall expire each year. If a Member’s term expires while arbitration is pending before that Member, the term shall be extended to allow completion of those proceedings.

Page 2 of 9

C. The State Chair and the Regional Panel Chair for each of the regional panels, or any substitute for said Regional Panel Chairs as the State Chair might designate, shall constitute the Executive Council of the Committee. The Executive Council shall be charged with the responsibilities of overseeing the work of the Committee and the regional panels and developing forms to implement the arbitration/mediation process.

III. JURISDICTION: A. The Committee has jurisdiction over any disagreement between a client and an attorney

concerning the fee and/or costs (“fee”) paid, charged or claimed for legal services rendered by an attorney subject to discipline in this state, or practicing in this state pursuant to Supreme Court Rule 42.

B. A claim must be filed within six years after the attorney/client relationship has ended or otherwise limited under N.R.S. §11.190. This time limitation may be waived with the consent of the Respondent.

C. The Committee does not have jurisdiction over the following matters:

1. Disputes over which, in the first instance, a Court has jurisdiction to determine the fee and has chosen to exercise its jurisdiction by means of Complaint and/or motion;Disputes regarding which a complaint and/or motion to determine the fee has been previously filed with a court of competent jurisdiction - unless the issue of fees is requested by that court to be handled by the Fee Dispute Committee.;

2. Claims for affirmative relief against the attorney for damages or otherwise based upon alleged malpractice or professional misconduct;

3. Any claim for less than Two Hundred Fifty Dollars ($250.00); and 3.4. .Any claim for more than the mandatory arbitration limit identified in Nevada Arbitration

Rule 3(d).

D. The arbitration of any fee dispute shall in no way preclude a Disciplinary Board from investigating the conduct of the attorney involved for potential violation of the Code of Professional Responsibility, or from conducting any hearing or hearings in connection with any alleged violation of the Code of Professional Responsibility.

IV. FILING AND RESPONDING TO A FEE DISPUTE: A. Petitioners requesting arbitration must complete the Petitioner’s Agreement for Arbitration of

Fee Dispute (“Petition”) and submit a copy to the State Bar of Nevada’s Las Vegas office. The Petition must be signed and shall include copies of any supporting documentation upon the filing of the Petition. Failure to sign the Petition or provide supporting documentation may result in denial of the request for arbitration.

B. The Petition and supporting documentation shall be provided to the Respondent within a reasonable period of time, in addition to a copy of these By-Laws. The Respondent will be provided twenty-five (25) days to respond in writing with any supporting documentation. The Respondent will also be asked to sign a binding arbitration agreement. The response and binding arbitration agreement shall be delivered to the State Bar of Nevada’s Las Vegas Office. The Respondent may request an additional twenty-four (24) day extension to file a response, for a total of forty-nine (49) days.

Page 3 of 9

1. If the Respondent is an attorney and fails or refuses to sign the binding arbitration agreement, the arbitration will proceed ex parte. In this instance, any Respondent attorney participation during the fee dispute process is at the discretion of the arbitrator.the matter will be placed into mandatory mediation. There will be no arbitration of the claim. The failure of any party to participate in good faith will result in a detailed report by the mediator indicating that the party has failed to appear before the mediator or to mediate in good faith. The mediator's report is admissible in any subsequent action. However, statements or admissions made by a party in the course of a mediation are not admissible.

2. If the Respondent is an attorney and if during two (2) years prior to the filing of the Petition by the Petitioner, the Respondent attorney has been the subject of three (3) or more fee disputes within the jurisdiction of the Committee, then participation in the fee dispute arbitration proceeding shall become mandatory,be a mandatorily binding arbitration and failure to participate may result in referral to the Office of Bar Counsel for investigation into ethical violations.

C. Upon expiration of the response period, or upon receipt of the response, the State Bar shall provide the Petitioner with copies of the Respondent’s binding arbitration agreement and response, if any. If no binding arbitration agreement is received, the State Bar shall offer the Petitioner the opportunity to withdraw the fee dispute or proceed ex parte. The State Bar shall inform the Petitioner that no collections assistance will be available in the event the Petitioner proceeds ex parte and the Decision is in the Petitioner’s favor.Upon receipt of the response, the State Bar shall provide the Petitioner with copies of the Respondent's binding arbitration agreement and response. If no binding arbitration agreement is received, the State Bar will inform Petitioner and Respondent that the matter will proceed to mandatory mediation.

V. MANDATORY MEDIATION: A. All disputes for $5,000 or less are subject to mandatory mediation before a mediator selected by

the State Bar and/or Regional Chair.In the event the responding party to a filed fee dispute does not consent or is not contractually obligated to submit the matter to binding arbitration, the matter will be subjected to mandatory mediation before a mediator selected by the State Bar and/or Regional Chair.

B. With good cause, parties to the fee dispute may petition the Regional Chair, by filing a request with the State Bar’s Las Vegas Office, to resolve the matter directly to arbitration. The Respondent attorney must sign a binding arbitration agreement prior to making this request.In the absence of a binding arbitration agreement, the outcome of the mediation will be the end of the Fee Dispute Committee’s involvement in the matter. No arbitration will occur for matters which are the subject of mandatory mediation.

C. When the Petitioner and Respondent voluntarily agree or are required to participate in

mediation, they must participate in good faith. In advance of the mediation, the selected

mediator will send correspondence to Petitioner and Respondent indicating how the mediation

will proceed and the obligation of the parties to be prepared to meaningfully conduct a

mediation session. While not an exhaustive list, the failure to communicate with the mediator,

the failure to attend and complete the mediation session, the failure to be prepared to present

justification for the party’s position and/or to act in some other way so as to intentionally thwart

the authority of the mediator and hamper the fee dispute process will constitute grounds for a

determination of bad faith participation. The mediator is empowered to write a report

Page 4 of 9

indicating a particular party failed to appear before the mediator or to mediate in good faith.

That report should detail, with as much specificity as possible, each of the acts which the

mediator believed constituted a failure to act in good faith. That report will be admissible in any

subsequent action involving the Petitioner and Respondent.

D. Any statements or admissions made by a party in the course of mediation are not admissible in a subsequent action or arbitration of the matter.

E. The failure of an attorney to participate in good faith in a mandatory mediation may result in a referral to the Office of Bar Counsel.

VI. VOLUNTARY MEDIATION PROCESS: A. All parties have the right to request mediation as a primary means of fee dispute resolution.

with the option of arbitration if mediation is unsuccessful . Thereafter, if mediation is unsuccessful and if both parties have signed a binding arbitration agreement prior to making the request, the dispute will be arbitrated in accordance with Section VII.

B. Upon receipt of the response, the State Bar shall convey the complete fee dispute file to a mediator.

C. The mediator shall, within fourteen (14) days, provide notice of the mediation. The date and location of the mediation is at the discretion of the mediator. The mediation shall be conducted within thirty (30) days; however, the mediator may grant a continuance for good cause. Non-compliance with this timeframe shall not be construed to be cause to invalidate the mediation.

D. The mediator shall notify the State Bar the outcome of the mediation.

1. If the mediation is successful, the State Bar will inform the parties that the matter is closed. The State Bar will also provide the Petitioner the opportunity to re-open the fee dispute in the event the Respondent does not comply with the mediation agreement.

2. If the voluntary mediation is unsuccessful, the Petitioner may request the fee dispute be resolved through arbitration. If one of the parties has not acted in good faith, a report similar to that described in Section V(C) will be prepared.

VII. ARBITRATION:

A. The Regional Chair will forward fee disputes in excess of $5,000 in which mediation was not selected as an option, or those fee disputes in which mediation was unsuccessful, for arbitration within 14 days of receipt.

B. Fee disputes of Ten Thousand Dollars ($10,000) or less will be assigned to a single member of the Fee Dispute Committee. Fee disputes in excess of Ten Thousand Dollars ($10,000) will be assigned to a three (3)-member arbitration panel. 1. Arbitrators shall be selected on a rotational basis. 2. An arbitration panel may consist of up to two (2) Lay Members and a Lay Member may serve

as an arbitration panel chair. 3. Lay Members may not serve as sole arbitrators.

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C. No arbitration hearing panel hearing shall be conducted by or proceed with two (2) arbitrators without written consent of all parties.

D. Once an arbitrator has been assigned, a party who submits additional or supporting documents to the arbitrator(s) shall serve a copy upon the other party, by mail or personal delivery, and shall so advise the arbitrator(s) and the State Bar’s Las Vegas office.

E. The burden of proof shall be on the attorney to prove the reasonableness of the fee by a preponderance of the evidence utilizing the standard set forth in Nevada Rules of Professional Conduct 1.5.

F. The parties to arbitration are entitled to attend all hearings, to be heard, to present evidence and to cross-examine witnesses appearing at the hearing. Parties to the arbitration may also:

1. Be represented by an attorney at the hearing or at any stage of the arbitration proceedings. 2. Have the hearing reported by a certified court reporter at such party’s expense by written

request presented to the arbitrator(s) at least three (3) days prior to the date of hearing. The party retaining the reporter shall provide one copy of the transcript to the arbitrator. Any other party, at his or her own expense, may obtain a copy of the transcript by making arrangements directly with the reporter.

3. Waive oral hearings and may submit their contentions in writing, together with exhibits, for consideration of the controversy on the basis of such documents. The arbitrator(s) may nevertheless require oral testimony of any party or witness, after due notice to all parties. Otherwise, when oral hearing has been waived by the parties, section VIII shall not apply.

G. In the event that an arbitrator cannot ethically or conscientiously serve, or declines or is unable to serve, the Regional Panel Chair, or if unavailable the State Chair, shall select another Committee Member. The Regional Panel Chair may appoint a new three (3)-Member arbitration panel (“arbitration panel”), if in the Regional Chair’s opinion such appointment is necessary to complete the arbitration in a fair and expeditious manner.

H. The Members of the Committee selected as arbitrator(s) of any dispute shall be vested with all the powers and shall assume all the duties granted and imposed upon neutral arbitrators by Chapter 38 of the Nevada Revised Statutes.

VIII. ARBITRATION PROCESS:

A. The single arbitrator or chair of the arbitration panel shall provide notice to the parties, other arbitrators and any counsel appearing, for an arbitration hearing (if possible) not less than twenty (20) days and no more than ninety (90) days in the future. The arbitrator or arbitration panel chair may grant a continuance for good cause.

B. The single arbitrator or chair of the arbitration panel shall preside at the hearing; shall rule on the admission and exclusion of evidence and on questions of procedure; and shall exercise all powers relating to the conduct of the hearing. 1. The single arbitrator or chair of the arbitration panel may, at his or her discretion:

Page 6 of 9

a. Request opening statements and may prescribe the order of proof. In any event, all parties shall be afforded full and equal opportunity for the presentation of any material evidence.

b. Exclude persons or witnesses, other than the parties to the controversy, waiting to be heard.

c. When necessary for the convenience of the parties, hold the hearing by telephonic conference in which the parties are able to hear each other, the arbiters and the witnesses.

d. Employ a certified court reporter, with the permission of the Regional Chair. e. Issue subpoenas for the attendance of witnesses and for the production of books,

records, documents and other evidence in accordance with NRS 38.233. f. Determine the controversy upon the evidence produced and enter an award, or dismiss

a claim entirely, in the event that a party who has been duly notified fails to appear at the hearing, absent a properly executed Waiver of Appearance.

g. Postpone a hearing date upon the request of a party to the arbitration with good cause. h. Select a continuation date for a hearing that cannot be completed on the first day. The

time and place will be selected with due regard to the circumstances of all the parties and counsel and the desirability of a speedy determination.

i. Reopen the hearing on his or her own motion or on application of a party for good cause at any time before the award is signed and submitted to the Regional Chair.

2. The single arbitrator or chair of the arbitration panel shall:

a. Administer oaths to witnesses testifying at the hearing. b. Specifically inquire of all parties whether they have further evidence to submit in

whatever form before the close of the hearing. If the answer is negative, the hearing or submission shall be declared closed and a notation to that effect made by the arbitrator(s) as well as the date for submission of memoranda or briefs, if requested by the arbitrator(s).

c. Render an award in writing within thirty (30) days after the close of hearing or after the submission (where hearing has been waived).

C. The parties to fee dispute arbitration may not tape record and/or videotape the arbitration proceedings.

D. In the event of the death or incompetency of a party to the arbitration proceeding, prior to the close of the hearing or submission, the proceeding shall be abated without prejudice to either party to proceed in a court of proper jurisdiction to seek such relief as may be warranted. In the event of death or incompetency of a party after the close of the hearing or submission, but prior to a decision, the decision rendered shall be, to the extent agreed, binding upon the heirs, administrators or executors of the deceased and on the estate or guardian of the incompetent.

Page 7 of 9

IX. MEDIATOR/ARBITRATOR CHALLENGE: A party may, within ten (10) days after notice of the mediation or arbitration, challenge the mediator or arbitrator without stating reason or cause. The challenge shall be made to the Regional Chair, through the State Bar’s Las Vegas Office. No party shall be allowed more than one such challenge. A mediator or arbitrator may also be challenged by any party upon showing of actual bias, which challenge shall be decided by the Regional Chair, in his or her sole discretion. When a mediator or arbitrator is disqualified by a challenge, a successor mediator or arbitrator shall be immediately reappointed.

X. THE AWARD: A. The award of the arbitration shall be made by the single arbitrator, or if an arbitration panel, by

a majority of the arbitration panel. The Decision shall be in writing and signed by the single arbitrator or if an arbitration panel, by each panel member. If there is dissent within the arbitration panel, the Decision shall be signed separately, but the award shall be binding if signed by a majority of the panel.

B. While it is not required that the award be in any particular formThe issued award should substantially follow a standardized form attached as Form No. ___ to these By-Laws. , Iit should in general consist of a preliminary statement reciting the jurisdictional facts (i.e., that the hearing was held upon notice pursuant to a written agreement to arbitrate, that the parties were given an opportunity to testify and to cross-examine, etc.), a brief statement of the dispute, the findings and the award. The award shall include a determination of all the questions submitted to the arbitrator(s), the decision of which is necessary in order to determine the controversy and a determination of participation by the Attorney Respondent (if required).

C. Unless the submission or contract provides otherwise, the arbitrator(s) may grant any remedy or relief deemed proper, including a direction for specific performance. The arbitrator(s) may include in the award a direction for payment of other expenses related to the proceedings but not for fees to the arbitrator(s) or counsel. An award may also be entered on consent of all parties.

D. Once the award is signed and submitted, the hearing may not be reopened. However, the single arbitrator or arbitration panel may, at their discretion, or at the discretion of the State Chair, reconsider and amend an award to correct a misapplication of law or fact.

E. The arbitrator or chair of the arbitration panel shall forward the award to the State Bar who shall thereupon serve a signed copy of the award to each party to the arbitration. The award shall include a cover letter informing the parties of the appeal timeframe. Prior to closing the matter, the State Bar shall also provide the Regional Chair with a copy of the award and provide the Regional Chair three days in which to return the matter for arbitration to correct any procedural errors.

XI. TIMEFRAMES:

A. Non-Compliance with any of the above-referenced time limitations shall not be cause to invalidate an otherwise valid award.

B. The State Bar may reassign the fee dispute controversy to another mediator or arbitrator in the event that the timeframes for completion of the matter have been substantially exceeded.

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XII. ENFORCEMENT OF AWARD:

A. If the award determines that the attorney who consented to binding arbitration is not entitled

to any portion of the disputed fee, or if the client makes payment of the amount fixed in the award, then the service of the award or the payment of the fixed amount shall:

1. Terminate all claim and interest of the attorney against the client or clients in respect to the subject matter of the arbitration;

2. Terminate all rights of such attorney to retain possession of any documents, records or other properties of such client or clients pertaining to the subject matter of the arbitration then held under claim of attorney’s lien or for other reasons;

3. Terminate all rights of such attorney to oppose the substitution of one or more other attorneys designated by such client or clients in any pending litigation pertaining to the subject matter of the arbitration.

B. In any case in which both the Petitioner and the Respondent signed consent to binding arbitration, any award rendered may be enforced by any court of competent jurisdiction.

C. Upon the written request of the client to the State Bar when both the client and the Respondent Attorney have signed binding arbitration agreements, the Regional Chair may ask a Committee member to institute suit on behalf of the client:

1. For the refund of any portion of the paid fee found to be excessive. 2. For the defense of any suit by the attorney seeking to collect any unpaid portion that was

determined to be excessive. 3. To vacate any lien asserted by the attorney upon any property of the client for an unpaid fee

charged, but determined to be excessive.

D. Committee Members are under no obligation to initiate suit on behalf of the client and the State Bar shall notify the client if no Committee Member volunteers to perform this service.

E. In any lawsuit by or against the client in which the client is represented by an appointed Member, no fee shall be charged for the appointed Member’s services. Upon application to the Executive Director and approval by the Board, an attorney may be compensated by the State Bar for such representation. The client is responsible for the payment of all court costs incurred in connection with any said lawsuit and this responsibility for costs must be explained to the client by the appointed Member before going forward with litigation.

Page 9 of 9

XIII. APPEALS: A. A party to the fee dispute may not file an appeal on the merits of the arbitration decision. A

party may file appeal to the Executive Council only if the party contends that:

1. An arbitrator hearing the fee dispute failed to be disqualified in accordance with the standards set forth in section VIII of these By-Laws.

2. The Committee failed substantially and materially to comply with the procedural requirements of the By-Laws; or

3. There was actual fraud on the part of any arbitrator(s).

B. The party making an appeal shall file a Notice of Appeal to the State Bar’s Las Vegas Office within thirty-three (33) days after service of copy of the written arbitration award sent to the last known address provided to the Committee. The Notice of Appeal must:

1. Specifically include a signed statement of the grounds for appeal relied upon and an affidavit or signed statement setting forth the factual basis therefore.

2. State whether the Committee proceedings were reported. 3. Be served upon the other party.

C. The filing of a Notice of Appeal from an arbitration determination shall act as a stay of execution of any award obtained as a result of the fee arbitration process. That stay shall not be lifted until final conclusion of the fee dispute arbitration proceedings.

D. Within thirty (30) days of receipt of the Notice of Appeal, the State Chair shall review it for compliance with the above requirements. The State Chair shall dismiss an appeal that does not meet the requirements set forth in paragraphs A (1-3) and B (1) of this section.

E. If the Notice of Appeal and signed statement or supporting affidavit complies with the above requirements, the Executive Council shall, within forty-five (45) days, decide the issues raised by the appeal and may, at its discretion, hold a hearing (telephonically or in person) for that purpose, at which any interested party may participate. If it finds that sufficient grounds exist, the Executive Council shall remand the fee dispute for a new or supplemental arbitration hearing, or determine the matter itself if it deems such action appropriate. The Executive Council’s decision shall be written and becomes final upon service on the parties by first class mail.

F. Supreme Court Rules, specifically 86 (12), apply to all proceedings after the decision has been finalized by the Committee.

XIV. CONFIDENTIALITY/IMMUNITY:

A. With the exception of the award itself, all records, documents, files, proceedings and hearings pertaining to arbitration of any fee dispute under these rules in which both Petitioner and Respondent have consented to be bound by the result, shall be confidential. This does not apply to any party to the dispute who has executed a binding arbitration agreement or if otherwise ordered by the Board or the Supreme Court or the District Court, and unless requested by the participating attorney involved. All records, documents, files, proceedings and hearings may be disclosed to the State Bar Discipline Committee.

B. Parties and witnesses shall have such immunity from suit as is applicable in a civil action in the jurisdiction. Members of the Committee, including mediators, arbitrators, arbitration panels and staff shall be immune from suit for any conduct in the course and scope of their official duties.

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Office of Bar Counsel

Memorandum

To: Board of Governors

cc: Kimberly Farmer, Executive Director

From: Office of Bar Counsel

Date: March 30, 2016

Re: 1st Quarter 2016 Office of Bar Counsel Report

The Office of Bar Counsel submits the following 1Q 2016 report.

I. DISCIPLINE STATISTICS

• In Q1, the OBC conducted 17 hearings on 93 Grievances, all matters were over six months old.

A. MATTERS FROM THE BACKLOG OF CASES

In November, 2015 we identified 26 pending cases that were the worst in terms of “aging”. As of March, 2016 20 of the 26 have been closed or processed through formal hearing and are awaiting review by the Supreme Court. Three other cases have been set for Formal Hearing. The remaining 3 cases involve 2 lawyers currently incarcerated and 1 who has stopped practicing law. These cases should be resolved in Q2.

B. PENDING MATTERS IN THE OFFICE OF BAR COUNSEL

• INTAKE: The OBC currently has 95 grievances pending in intake.

• INVESTIGATION: The OBC has 230 grievances pending investigation, 127 of those are over six months old.

• PENDING SCREENING: The OBC has 80 grievances on 36 Respondents in the prosecution phase. These matters have been investigated and assigned to Assistant Bar Counsels to screen for Letter of Caution or Formal Hearing.

• PENDING HEARING: The OBC has 58 matters (Respondents) on 143 grievances in the prosecution phase. Of the 58 matters, 56 are over six months old. These matters have been screened and are pending Formal Hearing or Conditional Guilty Plea.

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II. RECONSIDERATION POLICY

It has long been the practice to reconsider a grievance which has been denied if the grievant requests a “recon”. As of 1/1/16, there were 66 of these “recons” pending, some literally for years. Stephanie and Kait (Assistant Bar Counsel), were assigned to work with Stan to clear the backlog and they did. We also have a new system in place to clear “recons” or assign them for follow-up within four weeks.

III. SUPREME COURT ORDERS

Eighteen Orders from the Supreme Court were received in the first quarter of 2016, details are as follows:

• 11 Orders approving the CGPs’ (Conditional Guilty Pleas); • 1 Order approving Reciprocal Discipline; • 1 Order of Disbarment; • 1 Order of Temporary Suspension and Referral to the SBN; • 1 Order declining to impose Temporary Suspension; • 1 Order Denying Reinstatement; • 1 Order Transferring Attorney to Disability Inactive status; • 1 Order of Suspension.

IV. STAFFING

Deputy Bar Counsel Brian Kunzi recently left the Office of Bar Counsel to become the Director of Admissions. Bar Counsel Stan Hunterton is replacing the Deputy Bar Counsel position with an Assistant Bar Counsel position at this time. Stan will handle administrative issues that were assigned to Brian. This will give us the resources to conduct more hearings.

C:\Users\syoung\Desktop\1st Quarter OBC Report.docx

Office of Bar Counsel Master Case List - April 1, 2016

LEGEND TO MASTER CASE LIST

Remanded from Supreme Court to Re-Try Supreme Court ReferralJudicial Referral Criminal Conviction/111 PetitionHearings Held on Remand Cases/Up at the Supreme Court for Approval.

Common TermsCGP = Conditional Guilty PleaHPL = Half Price Lawyer ICC = Initial Case ConferenceRecon = Reconsideration, done when a Grievant asks to be reconsidered when dismissed by Intake Counsel


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A B C D E G I J K L M N O R S T URespondent Lead Case # # Files Date

Rec'dInv.Open

Inv. Rpt. Atty/Paralegal

Prosecu.Assigned

Screened Hearing Allegations Status

Korrey, David 08-143-2072 4 1/1/08 NA NA JRD/TB (BK)

10/2/15 NA 4/26/16 Transferred from Brian to Jason to conduct hearing.

REMAND: CGP Rejected by Supreme Court; Panel Chair Requested 12/15/15.

Dvorak, Brian 08-135-0851 1 8/8/08 8/8/08 N/A SB NA 8/14/12 Transferred from Brian to Stephanie to conduct hearing.

Continued Hearing for completion of criminal trial

Errico, William 010-0625 8 9/29/10 10/12/10 10/12/10 JVI/WJ 10/12/10 4/24/12 4/14/16 Safekeeping Property; Bar matters, Misconduct

4 Day Hearing Set to start 4/14/16

Smith, Brandon 010-0929 1 12/1/10 12/1/10 SB 12/1/10 8/30/11 Misconduct - Criminal acts

Wommer, Paul 011-0071 1 1/12/11 1/12/11 NA PJP/WJ 1/12/11 12/17/13 5/9/16 Criminal Conviction Pending Hearing

Smith, Brandon 011-0142 1 1/26/11 2/7/11 NA SB 2/7/11 2/17/15 Misconduct - criminal acts

Lubritz, Shelley 011-0766 14 5/31/11 6/20/11 NA PJP/TB 6/20/11 4/21/15 Competence, Scope of Representation, Diligence, Fees, Safekeeping property, Meritorious Claims, Misconduct

Pending Complaint

Zagajeski, Elizabeth

011-0893 11 6/27/11 6/30/11 NA JRD/TB 6/30/11 12/16/14 4/22/16 re-opened to have 2nd hearing with additional criminal matter.

Michaelides, Thomas

012-0019 4 1/8/12 1/8/12 N/A JVI/WJ 1/8/12 NA 3/28/16 Diligence, Communication, Expediting Litigation, lack of supervision of staff and failure to adequately communicate with the State Bar.

Remanded from SC; ICC Held 1/25/16, attempt to resolve in 30 days

Christopherson, Ian

012-0525 1 4/4/12 7/23/13 PJP/WJ 7/23/13 7/24/13 4/15/16 Misconduct-Criminal Conviction 12/16/15 Panel Rejected the 2 year suspension; recommended 4 year, Respondent Rejected. Pending 2nd Formal Hearing.

Berliner, Kenji 012-1103 1 7/10/12 7/12/12 NA DR/TB 7/12/12 Fees, Conflict of interest, misconduct

Pending Screening

Myers, Michael 012-1337 2 8/28/12 9/4/12 5/6/15 JRD/WJ 7/27/15 11/3/15 Diligence; Communication; Safekeeping Property; Misconduct; Responsibilities re NonLawyer Assistants

Pending Answer, JRD ext. given to 2/19/16.

1


1


Rec'dInv.Open


Prosecu.Assigned


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15

16

17

18

19

Mann, David 012-1920 12 12/13/12 12/13/12 JVI/TB Diligence, Communication, Safekeeping Property, Improper Fees, Unauthorized Practice of Law and Misconduct

In Investigation Stage, pending forensic accounting

Dvorak, Brian 013-0130 1 1/31/13 1/31/13 SB Transferred from Brian to Stephanie to conduct hearing.

Criminal Conviction

Frizzell, Kenneth 013-0323 4 3/12/13 3/18/13 N/A DR/TB 5/26/15 10/13/15 4/7/16 Fees, Communications with Prospective Clients, Misconduct, safekeeping property, UPL, NonLawyer assistants, conflict of interest

Pending Hearing

Hong, Joseph 013-0443 3 3/27/13 3/28/13 JRD 3/28/13 11/20/14 8/25/15 Continuation date to be set; Diligence, Communication, Safekeeping property, Bar matters, misconduct, conflict of interest

Def Counsel requested a bank reconciliation, Investigator Sent 12/15/15.

Holper, Scott 012-1441 8 4/8/13 4/8/13 5/11/15 DR/WJ 5/26/15 6/9/15 5/11/16 Competence, Diligence, Communication, Misconduct, Confidentiality of Information, Conflict of Interest, Safekeeping Property, Meritorious Claims & Contentions, Candor Toward the Tribunal, Responsibilities Regarding Nonlawyer Assistants, Bar Admission & Disciplinary Matters

Pending Hearing

Phillips, David 013-0554 4 4/17/13 4/17/13 4/9/15 DR/TB 7/15/15 8/25/15 Competence, Diligence, Communication, Safekeeping Property, Candor Toward the Tribunal, Fairness to Opposing Party & Counsel, Bar Admission & Disciplinary Matters, Misconduct.

Pending Motion to Dismiss filed by Phillips. J. Posin to make determination

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Rec'dInv.Open


Prosecu.Assigned


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Truitt, Glenn 013-1035 13 8/13/13 8/19/13 7/31/15 DR/WJ 8/10/15 11/17/15 Diligence; Communication; Fees; Declining or Term. Representation; Responsibilities of Partners, Managers and Supervisory Lawyers; Misconduct

Pending Answer 13 Matters

Marshall, Brett 013-1620 6 11/4/13 4/30/14 NA JRD/TB 4/30/14 4/21/15 3/30/16 Misconduct; Safekeeping Property; Diligence; Communication; Expediting Litigation; Competence; Fees;

Pending Hearing

Perez, Patrice 013-1604 1 11/8/13 11/13/13 9/2/15 KF/WJ 9/3/15 11/17/15 Diligence; Safekeeping Property; Misconduct; Communication

Pending Hearing

Aquino, A. Alfred 013-1681 3 11/22/13 11/26/13 JRD/TB 7/9/15 11/17/15 5/27/16 Scope of Representation and Allocation of Authority Between Client and Lawyer; Communication; Declining or Terminating Representation; Misconduct

Pending Hearing

Stead, Christopher

013-1719 1 12/3/13 6/20/14 2/25/16 SB/WJ 3/4/16 Diligence. Communication, Misconduct, Fees, UPL

Pending Screening

Agwara, Liborius 013-1818 4 12/17/13 1/9/14 3/11/16 BK/DM 1/9/14 Misconduct; Safekeeping Property

Pending Aqwara's response to SB, due 3/1/16. Pending Screening

Loizzi, Steven 013-1760 1 12/31/13 1/7/14 Diligence; Communication; Fees; Safekeeping Property; Unauthorized Practice of Law; Misconduct

Manansingh, Chandan

013-1850 1 12/31/13 12/31/13 N/A PJP/DM/TB

12/13/13 Will be consolidated with CR15-1405 once 111 Petition is granted.

Remand from SC; Investigator obtaining New Records.

Schneider, Louis 014-0028 1 1/9/14 2/26/14 2/26/14 TB Diligence; Fees; Responsibilities Regarding Nonlawyer Assistants; Misconduct

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Rec'dInv.Open


Prosecu.Assigned


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38

Lerner, Glen 014-0032 1 1/10/14 1/17/14 7/9/15 JVI/WJ 10/12/15 2/23/16 Competence; Meritorious claims; Candor Toward Tribunal; Misconduct; Louisiana Matter

Pending Answer/Hearing

Leonard, Randal 014-0027 3 1/14/14 1/14/14 5/7/15 JRD/TB 7/27/15 1/5/16 Pending Answer

Reade, Christopher

CR14-0087 1 1/21/14 NA NA BK/WJ 10/9/15 NA Criminal Conviction Pending Hearing

Leventhal, Todd 014-0127 1 1/29/14 5/17/12 NA JVI/TB 1/29/14 4/14/15 6/21/16 Fees, Conflict of interest, misconduct

Hearing Continued to June 21&22, 2016

Stuart, James 014-0239 6 2/24/14 2/24/14 11/18/15 JRD/TB 11/18/18 1/5/16 Misconduct; Diligence; Communication; Competence; Scope of Representation; Declining or Terminating Representation

Pending Answer

Terry, Paul 014-0236 1 2/28/14 3/21/14 Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; Misconduct

Investigation

Yen, Aaron 014-0344 1 2/28/14 3/21/14 Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; Misconduct

Kutner, Adam 014-0337 1 3/12/14 3/14/14 2/17/16 DR 2/17/16 Diligence; Communication; Fees; Safekeeping property; Misconduct

Pending Screening

Bybee, Melissa 014-0343 1 3/17/14 3/23/14 Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; MisconductGinapp, Gabriel 014-0351 1 3/17/14 9/17/14 7/10/15 DR/TB 9/25/15 10/27/15 Conflict of interest; Bar Admission and Disciplinary Matters; Misconduct; Diligence;

Pending ICC

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Rec'dInv.Open


Prosecu.Assigned


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Itts, Tracey 014-0415 1 3/28/14 4/16/14 1/11/16 SB Bar Admission and Disciplinary Matters; Misconduct; Diligence; Communication; Declining or Terminating Representation

Investigation: S. Barker assigned, Respondent wants to go out on Disability Inactive

Kutner, Adam 014-0418 1 3/28/14 6/1/15 DR/TB 10/12/15 12/8/15 Competence; Responsibilities Regarding NonLawyer Assistants; Unauthorized Practice of Law; Misconduct

Pending Answer

Bettinger, Robert 014-0347 1 4/2/14 7/14/14 DR/TB Diligence; Communication; Fees; Responsibility Regarding Non-Lawyer Issues; UPL; Misconduct

Pending bank record review.

Lam, Huong 014-0457 1 4/9/14 8/5/15 2/3/16 JVI/WJ 2/23/16 Misconduct Pending Screening

Gregory, Keith 014-0493 1 4/15/14 4/15/14 NA PJP/TB 4/15/14 CGP in lieu of Answer; Convictions-wire and mail fraud

Currently Suspended and in prison, CGP Pending

Loizzi, Steven 014-0511 1 4/22/14 4/24/14 Diligence; Communication; Fees; Safekeeping Property; Responsibilities Regarding Nonlawyer Assistants; Unauthorized Practice of Law; Misconduct

Whipple, Bret 014-0546 1 4/28/14 4/30/15 9/21/15 KF 9/21/15 10/9/15 Diligence; Competence; Misconduct-Misrepresentation

Pending Answer

Pollock, Charles 014-0571 1 4/29/14 4/26/14 4/29/15 DR/TB 10/5/15 NA Misconduct (Criminal Acts) Joint Disbarment petition sent to Pollock in prison 12/1/15, no response; Complaint drafted, have contacted AUSA Dan Schiess & e-mailed attorney at BOP to discuss service of complaint/R's appearance at hearing.

Kennedy, Fred 014-0576 1 4/30/14 Safekeeping Property

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Rec'dInv.Open


Prosecu.Assigned


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Scroggins, Benjamin

014-0592 1 4/30/14 5/13/14 10/19/15 JVI/WJ 10/21/15 11/3/15 4/29/16 Diligence; Communication; Fees; Bar Admission and Disciplinary Matters

Pending Hearing

Koch, Jan 014-0609 1 5/7/14 12/15/14 SB/DM Diligence; Fees; Communication; Safekeeping property; Declining and terminating representation; Misconduct


Frizzell, Kenneth 014-0667 1 5/23/14 5/30/14 Declining or Terminating Representation; Professional Independence of a Lawyer; Misconduct

Hafter, Jacob 014-0715 2 6/4/14 6/19/14 9/7/15 JVI/WJ 10/12/15 Candor Toward Tribunal; Impartiality and decorum of the tribunal and relations with jury; Trial publicity; Responsibilities and nonlawyer assistants; Misconduct

Pending Screening

Harker, Michael 014-0798 3 6/20/14 1/6/15 8/7/15 JRD/WJ 8/10/15 10/27/15 Diligence; Fees; Responsibilities Regarding NonLawyer Assistants; Unauthorized Practice of Law; Declining or Terminating Representation; Communication;

Pending Hearing

Hawkins, Richard 014-0834 1 6/27/14 7/20/15 1/20/16 DR/WJ 2/20/16 Scope of representation; Diligence; Communication

Pending Screening

Judd, Spencer 014-0859 142 6/27/14 7/2/14 Diligence; Communication; Fees; Safekeeping Property; Misconduct

Bettinger, Robert 014-0857 1 7/1/14 7/14/14 DR Safekeeping Property; Misconduct


Zakalik, Judah 014-0862 1 7/2/14 7/2/14 NA DR/TB Respondent filed objection to Letter of Reprimand. Pending Hearing

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Rec'dInv.Open


Prosecu.Assigned


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Jackson, Kent 014-0864 7/2/14 7/15/15 Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; Misconduct

Judd, Spencer 014-0908 7/8/14 7/14/14 Competence; Diligence; Fees; Misconduct

Loizzi, Steven 014-1042 1 8/13/14 8/25/14 Diligence; Communication; Fees; Responsibilities Regarding Nonlawyer Assistants; Unauthorized Practice of Law; Misconduct

Harris, Easton 014-1043 22 8/13/14 2/20/15 BK/DM 2/20/15 Competence; Diligence; Communication; Fees; Declining or terminating representation; Bar admission and disciplinary matters; Misconduct

Investigation stage; Temporary Suspension Ordered 12/2/215; All matters will be combined on Complaint

Ales, Barney 014-1055 1 8/14/14 8/19/14 2/17/16 KF 3/18/16 Misconduct; Diligence; Communication; Expediting Litigation; Fees; Declining or Terminating Representation

Pending Screening

Toigo, Michael 014-1131 1 9/3/14 9/18/14 4/2/15 JRD/TB 4/2/15 5/12/15 Safekeeping; Pending Hearing

Bettinger, Robert 014-1144 1 9/5/14 9/15/14 DR Diligence; Communication; Fees; Responsibility Regarding Non-Lawyer Issues; UPL; Misconduct


Wishengrad, Evan 014-1146 1 9/5/14 9/16/14 12/1/15 JRD/TB 1/25/16 Fees; Declining or Terminating Representation

Pending Screening

Stead, Christopher


Pending Screening

Errico, William 014-1205 1 9/11/14 9/11/14 SCR 111 Monitoring; Criminal Conviction

Trial April 2016

Callister, Jonathan 014-1214 1 9/15/14 9/17/14 8/25/15 JVI/WJ 10/12/15 11/17/15 Fairness to Opposing Party; Misconduct

Motion to Dismiss and Chair Request Pending

Colin, James 014-1231 1 9/19/14 9/30/14 PJP/WJ 9/30/14 2/17/15 Impartiality and Decorum of the Tribunal, Misconduct

9/15 CGP rejected-pending consolidation with Criminal matter

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Rec'dInv.Open


Prosecu.Assigned


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Cane, Kyleen 014-1220 1 9/23/14 9/23/14 SCR 111 Monitoring; Criminal Conviction

3/16/16 Federal Status Hearing; No trial date

Itts, Tracey 014-1246 1 9/23/14 10/9/14 1/19/16 SB Bar Admission and Disciplinary Matters; Misconduct; Fees; Diligence; Communication; Declining or Terminating Representation

Investigation: S. Barker assigned, Respondent wants to go out on Disability Inactive

Wishengrad, Evan 014-1256 1 9/24/14 1/14/15 12/1/15 JRD/TB 1/25/16 Fees; Declining or Terminating; Representation; Misconduct

Pending Screening

Schlissel, Aileen 014-1262 1 9/25/14 10/5/14 Diligence; Communication; Fees; Unauthorized Practice of Law; Misconduct

Winder, Danny 014-1269 1 9/26/14 10/24/14 Competence; Diligence; Fees; Responsibilities regarding nonlawyer assistants; Unauthorized practice of law; Misconduct

Moved off DM's workfile

Kennedy, Fred 014-1274 1 9/26/14 9/16/14 Safekeeping Property

Stead, Christopher


Pending Screening

Alexander, Ryan 014-1301 1 10/2/14 3/19/15 Fees; Responsibilities Regarding Nonlawyer Assistants; Unauthorized Practice of Law;

11/18-transferred to new Invest to complete investigation.Koch, Jan 014-1394 1 10/21/14 11/13/14 SB Communication; Fees;

Safekeeping property; Declining & Terminating Representation; Misconduct


West, Ryan 014-1421 1 10/27/14 11/17/14 DR 8/27/15 11/17/15 Candor Toward the Tribunal; Misconduct

Screening Panel Affirmed 108 Hold

Loizzi, Steven 014-1434 1 10/29/14 11/7/14 Diligence; Communication; Fees; Responsibilities Regarding Nonlawyer Assistants;

Stovall, Leslie 014-1436 1 10/29/14 7/16/15 Diligence, Communication; Safekeeping property


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Rec'dInv.Open


Prosecu.Assigned


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8889

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Rahm, David 014-1469 12 11/5/14 11/17/14 JVI/TB 11/17/14 Competence; Diligence; Communication; Fees; Responsibilities Regarding Nonlawyer Assistants; Unauthorized Practice of Law; Misconduct

Still in investigation, pending forensic accounting

Scalia, Joseph 014-1474 1 11/10/14 12/22/14 7/29/15 JRD/WJ 9/3/15 3/22/16 Competence, Diligence, Communication, Fees, Responsibilities Regarding Nonlawyer Assistants, Unauthorized Practice of Law), Misconduct

Pending Screening

Peters, Michael 014-1481 1 11/10/14 2/10/15 Confidentiality of Information; Duties to Former Clients; Misconduct

Duensing, Raymond

014-1482 1 11/12/14 11/12/14 10/5/15 JRD/WJ 10/14/15 Criminal Conviction; Filed Notice of Intent to Default 2/17/16.

Kottler, Ethan 014-1529 1 11/18/14 2/20/15 2/18/16 SB 3/18/16 Diligence; Communication; Fees

Pending Screening

Koch, Jan 014-1484 1 11/20/14 11/20/14 SB Diligence; Communication; Fees; Safekeeping property; Declining & Terminating representation; misconduct

Investigation

Crock, William 014-1609 1 12/12/14 3/19/15 1/16/16 JRD 2/21/16 Diligence; Communication; Fees; Declining or Terminating Representations; Bar Admission and Disciplinary Matters; Misconduct

Pending Screening

Arguello, Javier 014-1644 1 12/15/14 7/24/15 3/23/16 Safekeeping Property; Diligence; Lienholder complained of failure to pay work comp lien

Beck, Corey 015-0025 1 1/1/15 Intake

Palmer, Noel 015-0051 1 1/6/15 7/20/15 Diligence; Communication; Fees; Safekeeping Property

Corena, Gina 015-0213 1 1/8/15 1/8/15 Investigations

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Rec'dInv.Open


Prosecu.Assigned


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Loizzi, Steven 015-0070 1 1/12/15 1/29/15 Diligence; Communication; Fees; Responsibilities Regarding Paternoster,

Glenn015-0110 1 1/21/15 2/23/15 Safekeeping Property;

Allegations of failure to pay liens.

Houston, Joseph 015-0137 1 1/21/15 10/29/15 2/22/16 DR 3/23/16 Safekeeping Property Pending Screening

Holper, Scott 015-0114 1 1/22/15 2/17/15 5/11/15 DR/WJ 5/27/15 6/9/15 Competence; Diligence; Communication; Responsibilities Regarding NonLawyer Assistants; UPL; Misconduct

NEEDS COMPLAINT; Should have been consolidated in 8/12/15 Complaint.

Koch, Jan 015-0140 1 1/28/15 2/10/15 SB Diligence; Communication; Fees; Safekeeping property; Declining & Terminating Representation; Misconduct

Bank records review pending

Perez, Romeo 015-0171 1 1/28/15 7/16/15 1/28/16 KF/WJ 2/20/16 3/22/16 Diligence. Communication, Misconduct, Fees, Conflict of Interest

Pending Complaint

Smith, Leonard 015-0217 1 2/9/15 5/20/15 2/26/16 JVI/ 3/22/16 Diligence; Communication; Expediting Litigation

Pending Screening

Rojas, Luis 015-0226 1 2/12/15 2/12/15 NA JRD/TB 11/12/15 Criminal Conviction Pending Supreme Court

Phillips, David 015-0265 1 2/16/15 8/30/15 3/11/16 DR/TB 3/11/16 Competence; Communication; Fees; Misconduct

Pending Screening

Stubbs, Stephen 015-0241 2 2/18/15 2/18/15 NA BK/DM 2/18/15 SCR 111 monitoring; Criminal Conviction

SC Declined to impose temp suspension; Pending further investigation, then screening Huang, Kelly 015-0284 1 2/18/15 7/20/15 Responsibilities Regarding Non

Lawyer Assistance; MisconductReferral from the National Insurance Crime Bureau – employee from Huang’s office is potentially involved in accident staging/capping – Huang’s involvement has not been determined. NICB sent report to AG office for further investigation – we are waiting for them to finish investigation

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Rec'dInv.Open


Prosecu.Assigned


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Romanelli, Marilyn

015-0294 1 2/27/15 7/20/15 Scope of Representation and Allocation of Authority Between Client and Lawyer; Diligence; Communication; Fees; Responsibilities Regarding Nonlawyer Assistants; Berliner, Kenji 015-0299 1 2/27/15 7/20/15 7/20/15 DR/TB 7/20/15 Competence, Diligence, Fees, Conflict of Interest

Pending Screening

Bettinger, Robert 015-0288 1 3/2/15 3/2/15 DR Safekeeping Property, Misconduct

Kutner, Adam 015-0309 1 3/4/15 3/18/15 Competence; Diligence; Communication; Fees; Safekeeping property; Responsibilities regarding nonlawyer assistants; Unauthorized practice of law; Misconduct

Ross, Karen 015-0316 1 3/5/15 4/23/15 2/16/16 SB Fees; Declining or Term. Representation; Misconduct

Pending Screening

Crock, William 015-0313 1 3/6/15 4/27/15 1/26/16 JRD 2/21/16 Diligence, Communication, Term. Representation, Misconduct

Pending Screening

Pallares, Jose (SCR)

015-0325 2 3/9/15 3/9/15 NA PJP/TB 3/9/15 6/9/15 4/5/16 Competence; Diligence; Fairness to Opposing Party and Counsel; Misconduct

Default Hearing Set for 4/5/16

Phillips, David 015-0329 1 3/9/15 3/9/15 3/10/16 DR/TB 3/10/16 Diligence; Communication; Fees Pending Screening

Phillips, David 015-0333 1 3/9/15 11/5/15 3/11/16 DR/TB 3/11/16 Safekeeping Property, Misconduct

Pending Screening

Phillips, David 015-0334 1 3/9/15 11/5/15 3/11/16 DR/TB 3/11/16 Fees; Misconduct Pending Screening

Longabaugh, Marvin

015-0323 1 3/10/15 8/5/15 Communication; Fees; Declining or Terminating Representation

Rosenfeld, Efrem 015-0320 1 3/13/15 3/18/15 Diligence; Communication; Fees; Safekeeping Property; Expediting Litigation; Fairness to Opposing Party and Counsel; Misconduct

11


1


Rec'dInv.Open


Prosecu.Assigned


115

116117

118

119

120

121

122

123124

125

126

127

128

129

130

Vohwinkel, Rory 015-0361 1 3/13/15 5/7/15 Scope of Representation and Allocation of Authority Between Client and Lawyer; Diligence; Smith, Leonard 015-0375 1 3/16/15 5/20/15 Diligence; Communication; Expediting Litigation

Holper, Scott 015-0383 1 3/23/15 12/11/15 Advertising

Levings, William 015-0403 1 3/24/15 9/4/15 12/22/15 SB 2/8/16 Diligence; Fees; Declining or terminating representation

Pending Screening

Bumgarner, Michelle

015-0406 1 3/25/15 6/10/15 9/16/15 KF 9/16/15 10/9/15 4/26/16 Conflict of Interest; competence; misconduct-misrepresentation

Pending Hearing

Posin, Mitchell 015-0415 1 3/25/15 4/16/15 Competence; Diligence; Communication; Expediting litigation; Misconduct


Pariente, Michael 015-0446 1 3/30/15 5/7/15 2/12/16 JRD 3/16/16 Fees Pending Screening

Phillips, David 015-0498 1 4/9/15 9/8/15 3/11/16 DR/TB 3/11/16 Fees; Misconduct Pending Screening

Ross, Karen 015-0509 1 4/9/15 4/23/15 2/16/16 SB 2/16/16 Conflict of interest: Current Clients

Pending Screening


Hillewaert, Diana 015-0511 1 4/13/15 6/25/15 12/1/15 KF/LP 12/15/15 Diligence; Misconduct-prejudicial; Communication; Expediting Litigation;

Pending Answer

Gallagher, Denise 015-0538 1 4/21/15 10/29/15 Diligence; Communication; Fees

Ballard, Bradley 015-0562 1 4/21/15 8/5/15 9/8/15 KF/WJ 10/13/15 12/15/15 Safekeeping property; communication; fees; disciplinary matters

Notice of Intent to Default file 2/26/16

O'Neill, Shelly 015-0567 1 4/21/15 Intake

Ross, Karen 015-0478 1 4/23/15 4/23/15 2/16/16 SB 2/16/16 Fees; Conflict of Interest; Safekeeping property; Declining

Pending Screening

Cogan, Jeffrey 015-0596 1 5/1/15 7/24/15 NA DR/TB 11/6/15 Diligence; Fees; Responsibilities Regarding Nonlawyer Assistants; Misconduct

Related to K. Berliner Pending Screening

12


1


Rec'dInv.Open


Prosecu.Assigned


131

132

133

134

135

136

137

138

139

140

141

Cutter, Nadin 015-0597 1 5/1/15 8/5/15 Communication; Fees; Declining or Terminating Representation

McNulty, Peter 015-0603 1 5/4/15 9/8/15 12/3/15 JVI 3/2/16 Diligence; Safekeeping Property Pending Screening

Kutner, Adam 015-0604 1 5/4/15 7/25/15 DR Diligence; Communication; Responsibilities regarding nonlawyer assistants; UPL

Investigation Pending

Lubritz, Shelley 015-0605 1 5/4/15 12/28/15 SB Allegedly practiced while CLE suspended.

Haines, George 015-0630 1 5/7/15 7/20/15 Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; Misconduct

Haines & Kreiger matter

Kreiger, David 015-0750 1 5/7/15 7/20/15 Diligence; Communication; Fees; Safekeeping Property; Responsibilities Regarding Nonlawyer Assistants; Unauthorized Practice of Law; Misconduct

Haines & Kreiger Matter

Lozensky, Lawrence

015-0343 2 5/12/15 6/25/15 9/14/15 KF 9/14/15 10/9/15 Candor, fairness to opposing counsel, UPL, Bar Matters, Misconduct

Pending Notice of Default

Stead, Christopher

015-0641 1 5/12/15 5/12/15 3/7/16 SB/WJ Diligence. Communication, Misconduct, Fees, UPL

Pending Screening

Smith, Ulrich 015-0657 1 5/15/15 8/30/15 Fees; Confidentiality of Information; Conflict of Interest; Candor toward the tribunal

Terry, Michael 015-0667 1 5/26/15 7/20/15 NA DR/TB 11/16/15 3/8/16 Confidentiality of Information; Misconduct

Pending Screening; Related to K. Berliner (Screening 3/8/16)

Carrasco, Sarah 015-0682 1 5/27/15 8/5/15 12/7/15 JD/LP 12/7/15 12/15/15 Diligence; Communication; Safekeeping property; Terminating Representation; Bar Matters; Misconduct

Pending Answer; Transferred from KF to JD due to conflict

13


1


Rec'dInv.Open


Prosecu.Assigned


142

143

144

145146

147

148

149

150

151152

Fronczek, Thomas 015-0692 1 5/27/15 9/28/15 Safekeeping Property; Responsibilities regarding nonlawyer assistants; Aiding in unauthorized practice of law

Kutner, Adam 015-0721 1 5/28/15 7/20/15 DR Diligence; Communication; Responsibilities regarding nonlawyer assistants; UPL

In Investigation

Treffinger, Timothy

015-0697 1 6/1/15 11/18/15 SB Misconduct Investigation Pending, Ast. Bar Counsel assigned to assist Inv. LW drafting 111 petition

Smith, Kurt 015-0725 1 6/4/15 6/19/15 8/19/15 DR/TB 8/27/15 10/27/15 4/1/16 Impartiality and Decorum of the Tribunal and Relations to the Jury; Bar Admission and Disciplinary Matters; Misconduct

LOC of Screening Panel, we might appeal.


Randazza, Marc 015-0747 1 6/5/15 7/20/15 NA DR/WJ 9/3/15 Fees, Conflict of Interest, Candor Toward the Tribunal, Fairness to Opposing Party & Counsel, Professional Independence of a Lawyer, Misconduct

Reassigned to D. Rickert 12/9/15; May need additional investigation; Plans for screening 3/22/16

Palmer, Noel 015-0724 1 6/8/15 7/20/15 Diligence; Communication; Fees; Safekeeping Property

Huang, Kelly 015-0756 1 6/8/15 11/4/15 Diligence ; Communication; Safekeeping property

Grievant is a personal injury client whose case settled some time ago and alleges received no funds to date.

Grayson, Robert 015-0762 1 6/8/15 7/20/15 9/28/15 KF 9/28/15 10/9/15 Competence, diligence, communication, Bar matters, misconduct

Pending Hearing; Chair appointed 1/22/16

Kutner, Adam 015-0771 1 6/15/15 7/20/15 DR Diligence; Communication; Fees; Responsibilities regarding nonlawyer assistants; UPL; misconduct

In Investigation

Taylor, Andrew 015-0816 1 6/15/15 7/20/15 Trust Account Violation

14


1


Rec'dInv.Open


Prosecu.Assigned


153

154

155

156157

158

159160

161

162

163

164

165

166

Oblad, John 015-0781 1 6/18/15 10/29/15 Competence; Diligence; Communication;

Scalia, Joseph 015-0803 1 6/22/15 8/30/15 2/12/16 JRD/WJ 2/25/16 Diligence; Communication; Fees Pending Screening

Phillips, David 015-0830 1 6/25/15 8/30/15 3/11/16 DR/TB 3/11/16 Diligence; Communication; Fees Pending Screening

Swafford, William 015-0690 2 6/26/15 7/20/15 9/18/15 KF/LP 9/18/15 10/9/15 3/15/16 Safekeeping property, bar admissions, diligence, terminating representation, candor to court, misconduct

Pending Hearing; Chair appointed 1/22/16

Sanft, Michael 015-0810 1 6/26/15 9/1/15 2/1/16 DR/TB 2/23/16 Communication Pending Screening

Iarussi, Joseph 015-0817 1 6/26/15 8/30/15 1/7/16 SB/ Communication, Term. Representation

Pending Screening

Lerner, Glen 015-0820 1 6/26/15 8/5/15 2/16/16 JVI/WJ 3/16/16 Diligence; Safekeeping Property Pending Screening

Joerger, Carl 015-0821 1 6/26/15 8/4/15

Kennedy, William 015-0829 1 6/26/15 10/29/15 12/14/14 KF/WJ 12/14/14 3/22/16 Diligence; Declining or Term. Representation; Bar Admission; Communication; Misconduct

Pending Complaint

Crock, William 015-0831 1 6/26/15 7/24/15 1/26/16 JRD 2/21/16 Diligence. Communication, Terminating Representation, Misconduct

Pending Screening

Powell, Paul D. 015-0834 1 6/30/15 8/5/15 2/16/16 JVI/WJ Diligence; Safekeeping Property Pending Screening; part of Lerner report.

Roy, Eric 015-0849 1 6/30/15 10/29/15 Diligence; Fees; Terminating Representation; Aiding in the unauthorized practice of law;

Nelson, Roy (SCR) 015-0841 2 7/6/15 PJP/WJ 7/7/15 10/13/15 4/6/16 SC Referral; CGP Hearing Scheduled

Holper, Scott 015-0843 1 7/6/15 DR/WJ 7/7/15 9/8/15 Supreme Court Referral - Competence, Diligence, Expediting Litigation, Fairness to Opposing Party & Counsel, Misconduct

Pending Answer; Stip to continue Answer signed by Asst. Bar Counsel.

15


1


Rec'dInv.Open


Prosecu.Assigned


167

168

169170

171

172

173

174175

176

177

178

179

180

Ashworth, Ken 015-0865 1 7/6/15 9/9/15 communication; safekeeping property

Stead, Christopher


Pending Screening

Scalia, Joseph 015-0905 1 7/14/15 7/24/15 1/29/16 JRD/WJ 2/25/16 Diligence; Communication; Failing to Respond to State Bar

Pending Screening

Hale, Leila 015-0906 1 7/15/15 10/29/15Kutner, Adam 015-0919 1 7/20/15 Ad Referral Intake

Paternoster, Glenn

015-0920 1 7/20/15 7/21/15 Safekeeping Property

Phillips, David 015-0923 2 7/20/15 DR/TB 7/2//15 10/13/15 SUPREME COURT REFERRAL Competence, Diligence, Expediting Litigation, Fairness to Opposing Party & Counsel, Misconduct

Pending Answer


Plimpton, Todd 015-0930 1 7/20/15 8/30/15

Gregory, Keith 015-0933 1 7/21/15 7/21/15 NA PJP/TB 8/10/15 CGP in lieu of Answer; Convictions-wire and mail fraud

CGP Signed, ICC set for 3/14/16; Pending Hearing

Lambeth, Kurt 015-0947 1 7/22/15 8/5/15 Communication, Fees, safekeeping property, misconduct

Moved off Dawn's workfile


Deshazer, Randal 015-0941 1 7/23/15 8/5/15 12/28/15 KF Pending Screening

Lund, Benjamin 016-0343 1 7/25/15

16


1


Rec'dInv.Open


Prosecu.Assigned


181

182

183

184

185

186

187188

189

190

191

192

193

194

195

196197

Karp, Kevin 015-0960 1 7/27/15 8/5/15 12/4/15 KF/LP 2/10/15 2/11/16 Diligence; Communication; Misconduct; Bar Admissions and Disciplinary Matters; Declining or Terminating Representation

Voted to FH on 2/11/16; PENDING COMPLAINT

Domico, Robert 015-0964 1 7/27/15 10/29/15 Fees; Conflict of Interest

Rojas, Luis 015-0968 1 7/27/15 8/5/15 JRD Communication; UPL; Investigations

Oblad, John 015-0970 1 7/28/15 10/29/15 Diligence; Communication; Failing to Respond to State Bar

Fronczek, Thomas 015-0990 1 7/31/15 9/28/15 Safekeeping Property; Responsibilities regarding nonlawyer assistants; Aiding in Crock, William 015-1006 1 8/5/15 8/27/15 1/19/16 JRD 2/21/16 Fees, Misconduct, Communication, Terminating Representation

Pending Screening


Shapiro, James 015-1012 1 8/7/15 8/12/15 Candor toward the tribunal

Hill, Richard 015-1014 1 8/7/15 10/29/15 2/4/16 Responsibilities regarding non-lawyer

Will be screened in Las Vegas since he was on the North Disciplinary Panel

King, Carter 015-1015 1 8/7/15 8/19/15 2/2/16 KF/LP 2/10/16 3/23/16 Safekeeping Property Pending Complaint

Grobl, Christopher

015-1016 1 8/7/15 8/12/15 2/19/16 SB 3/18/16 Trust Account Violation; Pending Screening

Marchand, Christopher

015-1017 1 8/7/15 8/13/15 Misconduct - criminal matter

Woods, R.G. 015-1020 1 8/7/15 10/29/15 Fees; Conflict of interest; Misconduct

Stead, Christopher


Pending Screening

Sullivan, Christopher

015-1026 1 8/7/15 8/21/15 12/28/15 JRD/TB 12/28/15 3/8/16 Misconduct Pending Complaint

Ashworth, Ken 015-1024 1 8/11/15 8/27/15 communication; safekeeping property

Burris, Steven 015-1040 1 8/11/15 8/14/15 Safekeeping Property

17


1


Rec'dInv.Open


Prosecu.Assigned


198

199

200

201

202

203

204205

206

207

208

209

Wolfbrandt, William

015-1065 1 8/19/15 10/26/15 1/11/16 DR 2/18/16 Diligence; Communication; Responsibilities regarding nonlawyer assistants

Pending Screening

Swafford, William 015-1069 1 8/19/15 11/5/15 Competence; Declining Representation; Diligence; Communication; Fees; Expediting Litigation; Bar Admission and Disciplinary Matters; Misconduct

Ellsworth, Keen 015-1073 15 8/19/15 10/15/15 JRD/LW 15 Complaints arrived in a cluster alleging stock trade fraud;

In Investigations: Asst. Bar Counsel assigned early. FBI involved in alleged stock fraud matter.

Boggess, Brian 015-1088 1 8/21/15 12/8/15 Competence; Diligence; Communication

Cook, Thomas 015-1094 1 8/24/15 11/16/15 2/4/16 KF/TB 3/4/16 Competence; Diligence; Communication; Fees; Failing to respond to State Bar; Misconduct

Pending Screening

Rojas, Luis 015-1095 1 8/24/15 10/29/15 JRD Missing important allegations of embezzlement of client funds, but did not state who the client was. G has been non-responsive to our letters

In Investigations

McGaha, William 015-1109 1 8/26/15 10/26/15 Diligence; Communication; Safekeeping Property (file)

Tingey, Brent 015-1110 1 8/26/15 Moved off Dawn's workfile

Valier, Michelle 015-1098 1 8/27/15 9/8/15 Diligence; Safekeeping Property; Failing to respond to State Bar

Judicial Referral

Corena, Gina 015-1104 1 8/27/15 11/18/15 JVI/TB Conflict of Interest: Current Clients: Specific Rules; Meritorious Claims and Contentions; Misconduct

Pending Further Investigation; Related to the Rahm matters


Lam, Huong 015-1116 1 8/31/15 12/14/15 Competence; Diligence Investigation

18


1


Rec'dInv.Open


Prosecu.Assigned


210

211

212

213

214

215

216

217

218

219

220

221

222

Ingrassia, Daniel 015-1119 1 8/31/15 11/10/15 Scope of representation; CommunicationTaylor, Andrew 015-1124 1 9/1/15 9/1/15 Trust Account Violation

Fronczek, Thomas 015-1129 1 9/1/15 9/28/15 Safekeeping Property; Responsibilities regarding nonlawyer assistants; Aiding in unauthorized practice of law

Chakwin, Stephen 015-1137 1 9/2/15 3/26/16 Bar Admission and Disciplinary Matters; Misconduct

Investigation

Rosenberger, James

015-1160 1 9/8/15 11/18/15 1/20/16 JVI/WJ 2/20/16 3/22/16 Diligence; Communication; Bar Admission and Disciplinary matters; Misconduct

Pending Answer


Hansen, Kevin 015-1151 1 9/9/15 11/17/15 Safekeeping Property

Carrico, John 015-1201 1 9/21/15 10/26/15 Diligence; Communication; Safekeeping Property; Failing to respond to State Bar

Milicevic, Kristopher

015-1222 1 9/28/15 1/7/16 1/8/16 JRD/WJ 2/18/16 Diligence; Communication; Responsibilities Regarding Non Lawyer Assistants;

Pending Screening

Oblad, John 015-1259 1 10/5/15 1/5/16

Koch, Jan 015-1278 1 10/7/15 10/26/15 SB Diligence; Communication; Fees; Safekeeping property; Declining & Terminating representation; misconduct

Investigation

Kutner, Adam 015-1291 1 10/12/15 10/26/15 Diligence; Communication; Responsibilities regarding nonlawyer assistants; UPL

Barber, Joel 015-1296 1 10/12/15 1/7/16 Competence; Diligence; Communication; Fees: Responsibilities of Partners, Mangers and Supervisory Lawyers; Misconduct

19


1


Rec'dInv.Open


Prosecu.Assigned


223

224

225

226

227228

229

230

231

232

233

234

235

Cohen, Robert 015-1344 1 10/12/15

Horvarth, Teresa 015-1297 1 10/13/15 10/14/15 12/8/15 DR/WJ 12/8/15 2/23/16 Communication, Declining or Terminating Representation, Bar Admission & Disciplinary Matters, Misconduct

Pending Answer; Hearing

Mendenhall, Ryan 015-1313 1 10/14/15 2/8/16 UPL; Bar Admission and Disciplinary Matters


015-1364 1 10/15/15 1/7/16 1/8/16 JRD/WJ 2/17/16 Diligence, Communication, Bar Admission

Pending Screening


015-1319 1 10/15/15 2/18/16 Diligence; Communication; Responsibilities Regarding Non Lawyer Assistants;

Investigation

Parker, Theodore 015-1340 1 10/19/15 3/28/16 Safekeeping property Investigation

Murphrey, Thomas

015-1346 1 10/19/15 10/19/15 1/26/16 KF/LP 1/26/16 Safekeeping property Pending Screening

Baker, Lloyd 015-1355 1 10/19/15 10/29/15 Diligence; Communication; Responsibilities Regarding Non Lawyer Assistants;

Hamilton, Michael 015-1361 1 10/21/15

Nikci, Nikoll 015-1375 1 10/26/15 2/21/16 Safekeeping Property Investigation

Aylward, Jeffrey 015-1374 1 10/26/15 3/28/16 Declining or Terminating Representation; Diligence; Communication; Fees; Misconduct

Investigation

Manansingh, Chandan

015-1405 1 11/2/15 11/2/15 NA PJP/DM 111 Petition filed 4/1/16 Self Reported 10/29/15

Routsis, William 015-1410 1 11/4/15 11/4/15 2/2/16 KF/LP 2/2/16 2/11/16 Responsibilities of Partners, Mangers and Supervisory Lawyers; Conflict of Interest; current clients; Reporting Professional Misconduct; Misconduct

Voted for FH 2/11/16; PENDING COMPLAINT

20


1


Rec'dInv.Open


Prosecu.Assigned


236

237238

239240

Hamilton, Michael 015-1414 1 11/4/15 12/14/15 Criminal Conviction On 10/29 Attorney self reported Battery, Disturbing the Peace conviction. PETITION FILED PENDING OTSC

Scalia, Joseph 015-1420 1 11/5/15 11/5/15 2/12/16 JRD/WJ 2/25/16 JUDICIAL REFERRAL: Competence; Diligence; Communication; Fees; Declining or terminating representation; Responsibilities regarding nonlawyer assistants; Failing to Respond to State Bar

Pending Screening

Zobrist, Caleb 015-1427 1 11/9/15

Mendenhall, Ryan 015-1433 1 11/9/15 2/8/16 Competence; Declining/Terminating Representation; Diligence; Communication; Fees; Bar Admission and Disciplinary Matters

Alexander, Ryan 015-1482 1 11/15/15 11/18/15 Competence; Diligence

21

1

M E M O R A N D U M


FROM: Marc Mersol, Director of Finance and Information Systems

DATE: April 13, 2016 RE: Financial Operations Report M E S S A G E

Financial Operations February 29, 2016 Balance Sheet Cash and cash equivalents as of 02/29/2016 is $4,809,464 (page 6). Most of these funds are designated for specific purposes; $133,343 designated for LRIS grants, $209,724 for LRIS non‐granting fund, $632,755 for section carry forwards, $2,300,000 for 2016 negative cash flow period April through November (expected each year), $595,786 for the Client’s Security Fund, and $700,000 for the Operating Designated Fund and $232,856 in Dues Designated Fund. State Bar of Nevada Main Operations – Overview Overall, the YTD net expense for main operations is $86,787, $49,220 higher than then anticipated (page 17). This is mainly due to members paying their dues later than anticipated. As of March 31, 2016 dues payments are close to previous years March 31 dues payments. Revenues for main operations were under projections by $107,904 and operating expenses were under projected by $70,337. The net revenue for all activities (page 22) is $16,585. All most all departments saw expenses lower than budgeted. The variances in salaries, taxes and benefits, unless otherwise indicated, are the result of the overtime, vacancies, and timing of vacations. Applied Overhead, Direct Overhead, and Postage are highly variable items. Variations that are noteworthy in those categories are pointed out for individual departments. POINTS OF INTEREST MEMBERSHIP AND ADMINSTRATION (pages 9‐11) Revenue

Membership and Administration Revenue Membership Fees are under projection by $117,812. Members are paying their dues much later than anticipated. This could be due to this being the first year for postcard dues. An unusually high number of members paid their dues in March so we fully expect dues to reach the budgeted amount.

2

MEMBERSHIP AND ADMINSTRATION continued (pages 9‐11) Expenses

Administration Expenses (page 9) Direct Overhead is $1,549 over budget mostly due to timing. Temporary Staffing is $2,706 under projections due to staffing needs being met by part‐time staff working extra hours (member services department) instead of using temporary staff. BOG Meetings/Travel is over projected $5,330 due to higher airline travel to Reno for the meeting with the Court and timing. BOG Officers Expense is $3,964 over projected due to timing. BOG Member Relations is $6,180 over projected mostly due to sponsorship for National Judicial College Event and NV Judicial Leadership Summit not anticipated at time of budget. Executive Director Travel is $1,560 under projected due to timing. Legal is under projected $4,243. This is a highly variable line items, thus variations from projections are expected. Website is $4,514 under projected due to timing of invoices (D4 Advanced Media paid in March 2016). Discipline Expense (page 10) Expenses Direct Overhead is $1,365 under projected due to timing of contract to scan and empty storage unit’s contents. Travel is $1,145 under projected due to staff not attending planned meetings as anticipated. (Deputy Bar Counsel did not travel to Annual Meeting with Court or the NOBC conference, only Bar Counsel attended.) Discipline Costs is $9,685 under projected due to fewer contested hearings completed, more conditional guilty pleas, which means lower overall case related costs. Discipline Costs Recovered (a contra‐expense account) is $11,025 over projected due to an increase in Supreme Court orders ordering payment and staff trained on collections. Investigators is $7,555 under projected due to timing of invoices. Library/Publications is $1,463 over projected due to timing Practice Takeover is $1,350 under projected. This is a highly variable line item.

3

Discipline Expense continued (page 10) Research is $1,331 under projected due to timing of receipt of invoice. NLAP (page 10) Expenses LCFL Contracted Services is $6,800 under projected due to timing of invoices from LCL contractor. NLAP Outreach is $1,491 under projected due to timing of February invoice from NLAP contractor. ADMISSIONS (page 12) Revenue Application Fees are under projected $1,655 due to approximately 28 fewer applications being purchased than anticipated. Exam Filing Fees are over projected $11,325 due to approximately 14 more applicants filing than anticipated. Exam Penalties is under projected by $12,375. This is a highly variable line item that is depends on number of applicants who apply after the first deadline. This variance is due to a lower number of applicants paying late fees than anticipated (projected 35% but actual was more like 27%). Hearing Fees is under projected by $2,350 due to timing. Other is under projected by $2,490 due to arbitrator application fees being lower than anticipated. Expense Background/Credit/FBI is under projected by $5,220 due to timing. Exam Proctors is over projected by $2,495 due to an increase in proctors because of increase in number of accommodations. Exam Supplies/Other is over projected by $1,641 due to timing of ordering of exam supplies. CONTINUING LEGAL EDUCATION (Page 13) Revenue Live Seminars is under projected $11,434 due to about 5 fewer in attendance at trial skills programs ($2,400), 15 fewer than anticipated at Feb. mediation CLE ($4,500), 8 fewer wildlife law attendees than anticipated ($2,000), Immigration seminar not as popular as anticipated and rescheduled to April ($2,700). Online CLE is over projected by $10,995 is due to continued growth in popularity of online formats and timing. Nevada Lawyer Self Study is $3,515 under projected due to fewer than anticipated chose to purchase this format to satisfy March CLE requirements. Direct Overhead is under $1,286 due to invoice and product for seminar room have not yet been received (tables and stools). Members/Public Relations is under $1,000 due to replenishment of branded pens have not yet been ordered.

4

PUBLICATIONS Nevada Lawyer (page 14) Revenue Nevada Lawyer Advertising is $6,870 under projected due to timing. Expenses Publication Committee is under projected by $2,865 due to cancellation of March in‐person meeting; expenses already incurred for that meeting (airfare) will be rolled over for use at a future meeting. PUBLICATIONS Books & Manuals (page 14) Revenue Product (Books) Sales is $7,056 over projected due to strong pre‐sales of Nevada Appellate Practice Manual. More than 130 copies have been sold prior to arrival of hardcopy inventory. Royalties: Books and Manuals are under projected by $1,937 due to fewer sales of Nevada Civil Practice Manual than anticipated. Expenses Graphic Design/Proof Reading/Books & Manuals is under projected by $1,650 is due to timing of production of Gaming Law Practice Manual. Printing/Graphics: Books & Manuals is under projected $6,000 due to timing. TIP (page 15) Expense TIP Kickoff is over $2,100 projected due to timing. LAWYER REFERRAL SERVICE (page 16) Revenue Revenue is under projected by $14,433. This is a highly variable line item variation are expected. Expense Advertising is under $3,289 projected due timing of online marketing project. LAW RELATED EDUCATION (page 16) Expense Mock Trial is under projected by $2,812 is due to over estimation of number of participating schools and needed expenses.

We the People is under projected by $11,070 is due to fewer students participating than anticipated. We the People SEED is under projected by $2,624 due to less participation than anticipated.

5

OTHER FUNDS (page 17) Revenue Labels/List/Other is over projected $3,725, this item is highly variable and variations from projections are expected. RPC 5.5A and 7.5A (Extra Judicial/MJP) is over projected $14,150 due to receiving more reports from out of state attorneys than anticipated. SCR 42 (Pro Hac Vice) is over projected $18,486. Mostly due to refining outstanding invoice follow up process. Expense Other Committees/Member Benefits is under projected $2,950 due to using in‐house development for programs rather than outside consultant. CLIENT’S SECURITY FUND (page 18) The CSF generates revenue from Member Dues, SCR‐42 transactions, Voluntary Member Donations, and Client Reimbursement. As of February 29, 2016, the CSF received $141,925 from Member Dues and $1,500 in Voluntary Member Donations. Additionally The CSF received a total of $15,150 from pro hac transactions. LEASED PROPERTIES (Note that budget and projections were adjusted to reflect the sale of 600 East Charleston) Revenue Revenue (Rent) is under projected by $3,386 due to timing. SECTION SUMMARY P&L (pages 23‐25)

Note, board liaisons received detail P&Ls for sections each month.

Section carry forwards @ 12/31/2015 total $632,755.

STATE BAR OF NEVADA

BALANCE SHEET (combined)

( UNAUDITED )

February 29, 2016

ASSETS

2015 2016

CURRENT ASSETS

Cash and cash equivalents (Note 1) $5,746,409 $4,809,464

Operating Designated Fund $700,000

LRIS Granting Funds $133,343

LRIS Non‐Granting Funds $209,724

LCFL Donated Fund $5,000

Section Carry Forward Designated Fund $632,755

Funds Needed for 2016 Negative Cash Flow $2,300,000

Clients Security Fund $595,786 Dues Designated Fund $232,856

Accounts Receivable (Note 2) $7,432 $10,008

Prepaid expenses $125,708 $106,115

Total Current Assets $4,925,587

PROPERTY AND EQUIPMENT

600 E. Charleston Building and Building Improvements $943,130 $0

Reno Building & Improvements $998,130 $998,130

3100 W. Charleston Building and improvments $3,608,965 $5,448,624

3100 W. Charleston Building FF&E $222,870 $263,548

Land $1,476,148 $794,278

Antique furniture and fixtures $60,075 $0

Office furniture and equipment $157,767 $157,767

Computer equipment $390,045 $327,196

AV Equipment $0 $165,360

Phone equipment $83,366 $83,366

Less: Accumulated depreciation ($1,391,402) ($1,127,880)

Net Property and Equipment $7,110,388

OTHER ASSETS

Refundable deposits $0 $0

New Building Escrow $0 $0

Total Other Assets $0

Total Assets $12,035,975

LIABILITIES AND FUND BALANCES

CURRENT LIABILITIES

Accounts payable (Note 3) $476,784 $441,821

Client's Security Fund Payable $0 $0

Tenant Deposits/Repair $18,164 $34,230

Deferred rev ‐ membership/sections/admissions/annual meeting (Note 4) $3,253,656 $3,007,113

Total Current Liabilities $3,483,164

LONG TERM LIABILITIES

Note payable (3100 West Charleston Improvements) $0 $0

Lease payable $41,719 $30,702

Total Long Term Liabilities $30,702

FUND BALANCE (Note 5) $8,638,322 $8,522,111 $8,522,111

Total Liabilities and Fund Balances $12,035,975

Page 6

STATE BAR OF NEVADA

NOTES TO FINANCIAL REPORT

(UNAUDITED)

February 29, 2016

NOTE 1 ‐ Summary of Cash and Cash Equivalents

A. Operating Fund has been designated by the Board of Governors to 10% of operating budgeted expenses.

B. LRIS Granting and Non Granting Funds are the running balance of LRIS operations less special projects and grants. Pre year end close

C. LCFL is a donation made specifically to the LCFL program.

D. Section Carry forward Designated Fund is the Accumulation of all section carry forwards as of 12/31/2015

E. Approximate 2016 funds Received that will be needed for negative cash flow period extimated for April through November 2016

F. In this combined balance sheet, CSF payables (from SBN side) net out against CSF Receivable (from CSF side)

This number is the cash balance of CSF plus the amount due from the general fund. (From bar dues and pro hoc percentages)

G. Dues Designated Fund is the "Plug" number that is cash that is not designated for anything else

and is intended to be used in the later years of the 5 year "Dues Cycle" when the Bar is expected to

operate with expenses exceeding revenues. Dues were increased in 2006 by $100/$50.

The Dues Designated Fund was to be used in the fifth year of the dues cycle, which was when

it was expected the bar would need to use these funds. 2010 was the last year of the five years dues cycle.

NOTE 2 ‐ Summary of Accounts Receivable at February 29, 2016

Admissions hearings

Returned Checks

Interest Receivable

NOTE 3 ‐ Summary of Accounts Payable at February 29, 2016

Accrued vacations aprox $171,790

Admission's license fees $14,230

Suspense $36,391

State Bar Vendors $104,841

Pro Bono Payable $79,900

‐‐These are the $500 pro bono payments received with 2016 bar dues payments

NOTE 4 ‐ Summary of 2016 Bar Fees/Deferred Revenue at December 31, 2015

Summary of Balance Sheet and Income Statement Member fees: 2016

Balance Sheet:

Deferred bar fee revenue‐2016 $2,223,070

Statement of Revenues and Expenses:

Recognized membership fees $372,688

Total 2016 membership fees received 2,595,758

2016 Convention Prepaid/Deferred Summary

2016 Convention Deferred Revenue $41,390 *

2016 Convention Prepaid Expenses $30,000

2016 Admissions Prepaid/Deferred Summary

2016 Admissions Deferred Revenue $218,702 *

2016 Admissions Prepaid Expenses $0

*Deferred Revenue Items

NOTE 5 ‐ FUND BALANCES would be the equivalent of Retained Earnings in a for‐profit entity.

or net assets for specific purposes, projects, or investments. Since designations are

voluntary and may be reversed by the board at any time, designated portions of fund

balances or net assets are not considered restricted.

Page 7

STATE BAR OF NEVADA

Statement of Revenues and Expenses

Main Operattions (Unaudited)

For The 2 Month Period Ended February 29, 2016

Main Operations Summary

YTD YTD Projected

Actual Actual Budget Variance Total 2015

2014 2015 2015 Over(Under) Budget

MEMBERSHIP & ADMINISTRATION .

Total Membership and Admin Revenue 489,526 373,478 491,350 (117,872) 3,791,000

Membership and Admin Expenses

Total Administration Exp 233,996 279,069 273,225 5,844 1,400,800

Total Advertising Expenses 10,128 3,315 3,848 (533) 21,400

Total Discipline Exp 365,364 365,552 398,254 (32,702) 2,291,800

Total Fee Dispute/CSF Exp 18,087 24,975 24,045 930 109,200

Net LCFL Expenses 10,075 3,309 12,460 (9,151) 75,300

Total Acess to Justice 15,505 17,446 17,192 253 109,200

Total Membership and Admin Expenses 653,155 693,665 729,024 (35,359) 4,007,700

Net Increase (Decrease) in Funds (163,629) (320,188) (237,674) (82,514) (216,700)

ADMISSIONS

Total Admission Revenue 296,320 269,940 277,450 (7,510) 732,700

Total Admissions Exp 136,715 141,970 145,526 (3,556) 754,000

Net Increase (Decrease) in Funds 159,605 127,970 131,924 (3,954) (21,300)

CONTINUING LEGAL EDUCATION

Total CLE Revenue 71,415 77,201 81,000 (3,799) 457,500

Total CLE Expenses 59,041 57,549 61,063 (3,514) 448,400

Net Increase (Decrease) in Fund Balance 12,374 19,652 19,937 (285) 9,100

PUBLICATIONS ‐ Nevada Lawyer

Total Publications Revenue 35,547 24,470 31,250 (6,780) 108,600

Total Publications Expenses 58,135 60,604 61,290 (686) 358,100


PUBLICATIONS‐ Books and Manuals

Total Publications Revenue 7,736 12,719 7,600 5,119 126,800

Total Publications Expenses 13,502 13,276 22,497 (9,221) 85,600

Net Increase (Decrease) in Funds (5,766) (557) (14,897) 14,340 41,200

ANNUAL CONVENTION

Total Annual Meeting Revenue 0 0 0 0 178,000

Total Annual Meeting Expenses 0 0 0 0 177,700

Net Increase (Decrease) in Funds 0 0 0 0 300

TRANSITIONING INTO PRACTICE

Total Transitioning into Practice Revenue 17,500 18,300 17,500 800 86,500

Total Transitioning into Practice Expenses 16,094 18,347 14,937 3,410 93,800

Net Increase (Decrease) in Funds 1,406 (47) 2,563 (2,610) (7,300)

LAWYER REFERRAL SERVICE/LRE

Total LRIS/LRE Revenue 65,164 55,967 70,000 (14,033) 407,800

Total LRIS/LRE Expenses 96,127 95,476 113,965 (18,489) 525,900

Net Increase (Decrease) in Funds (30,963) (39,509) # (43,965) 4,456 (118,100)

OTHER FUNDS

Total Other Fund Revenue 133,102 184,956 148,785 36,171 747,600

Total Other Funds Expenses 18,621 22,930 25,854 (2,923) 119,200

Net Increase (Decrease) in Funds 114,481 162,026 122,932 39,094 628,400

Total of All Operating Expenses (less Dep) 1,051,390 1,103,818 1,174,155 (70,337) 6,570,400

Total of All Revenues 1,116,310 1,017,031 1,124,935 (107,904) 6,636,500

Net Change in Funds 64,920 (86,787) (49,220) (37,567) 66,100

Page 8

STATE BAR OF NEVADA


(Unaudited)


YTD YTD Projected



MEMBERSHIP & ADMINISTRATION

Revenue Advertising Safe Harbor Fees 250 0 250 (250) 500

Discipline Fines/Fees 610 490 600 (110) 5,500

Membership Fees 488,666 372,688 490,500 (117,812) 3,700,000

Penalties 0 300 0 300 85,000

Total Membership &

Administration Revenue 489,526 373,478 491,350 (117,872) 3,791,000

Expenses

ADMINISTRATION Operating Expenses

Salaries 120,853 135,302 129,619 5,683 696,500

Employment Taxes/Benefits 31,998 43,160 41,783 1,377 217,700

Applied Overhead 16,214 26,902 30,000 (3,098) 118,600

Direct Overhead 12,242 11,549 10,000 1,549 26,000

Postage 4,932 705 700 5 21,100

Professional Memberships 463 590 375 215 1,800

Members/Public Relations 0 0 400 (400) 2,500

Temporary Staffing 7,237 3,294 6,000 (2,706) 15,000

Training/Education 0 0 0 0 500

Travel 2,553 948 1,850 (902) 15,100

Departmental Expenses

Board of Governors

Meetings/Travel 8,027 11,680 6,350 5,330 47,200

Officers' Expenses 3,020 8,298 4,334 3,964 34,300

Board Committees 235 189 400 (211) 1,500

Election 0 0 0 0 6,500

Member Relations 1,830 9,480 3,300 6,180 18,000

Building Repairs/Maintenance 924 5,747 6,000 (253) 10,000

Computer Hardware/Software 10,918 15,997 16,500 (503) 41,000

Executive Director


Travel 7,157 2,353 3,913 (1,560) 24,900

Accounting 0 0 0 0 26,000

Legal 484 757 5,000 (4,243) 25,000

Miscellaneous/Consulting 1,865 800 600 200 12,600

Recruitment 205 291 400 (109) 2,000

Website 2,599 986 5,500 (4,514) 33,000

Total Administration Exp 233,996 279,069 273,225 5,844 1,400,800

ADVERTISING

Operating Expenses Salaries 6,886 2,163 2,000 163 12,000

Employment Taxes/Benefits 2,318 675 633 42 3,800

Applied Overhead 913 466 1,200 (734) 2,300

Direct Overhead 0 0 0 0 0


Travel 0 0 0 0 700

Departmental Expenses Advertising Committee 11 11 15 (4) 2,600

Total Advertising Expenses 10,128 3,315 3,848 (533) 21,400

Page 9

\


Expenses Continued

YTD YTD Projected



DISCIPLINE

Operating Expenses Salaries 215,925 247,184 246,677 507 1,453,500

Employment Taxes/Benefits 56,500 61,092 64,317 (3,225) 383,500

Applied Overhead 29,294 48,986 47,000 1,986 235,000

Direct Overhead 1,906 1,635 3,000 (1,365) 18,000

Postage 2,267 1,599 2,000 (401) 12,000

Professional Memberships 2,555 1,012 1,100 (88) 4,000

Members/Public Relations 246 338 250 88 1,500


Travel 667 1,055 2,200 (1,145) 10,000

Departmental Expenses Case Management System 3,525 4,524 4,500 24 26,000

Discipline Costs 25,218 10,315 20,000 (9,685) 110,000

Discipline Costs Recovered (6,951) (21,025) (10,000) (11,025) (60,000)

Ethics Committee 27 0 10 (10) 100

Investigators 0 2,445 10,000 (7,555) 60,000

Library/Publications 0 1,813 350 1,463 1,100

Practice Takeover 0 0 1,350 (1,350) 5,000

Research 3,131 1,469 2,800 (1,331) 16,800

Staff Reno Travel 2,158 2,671 2,700 (29) 14,500

Special Counsel 28,896 300 0 300 0

Witnesses 0 0 0 0 300

Total Discipline Exp 365,364 365,552 398,254 (32,702) 2,291,800

FEE DISPUTE

Operating Expenses Salaries 11,922 17,682 16,483 1,199 68,300

Employment Taxes/Benefits 3,681 4,055 3,867 189 20,200

Applied Overhead 1,602 2,655 2,700 (45) 13,000

Direct Overhead 0 11 50 (39) 300

Postage 197 159 175 (16) 900

Members/Public Relations 0 11 0 11 0

Training/Education 395 0 400 (400) 400

Travel 290 397 350 47 2,300

Departmental Expenses Client's Security Committee 0 0 0 0 3,600

Fee Dispute Committee 0 4 20 (16) 200

Total Fee Dispute Exp 18,087 24,975 24,045 930 109,200

Nevada Lawyer Assistance Programs

Operating Expenses/Donations

LCFL Committee 0 0 150 (150) 2,100

LFCF Contracted Services 8,000 0 6,800 (6,800) 40,800

LCFL Recovery/Diagnosis 690 0 160 (160) 1,000

LCFL Travel 348 0 350 (350) 1,000

NLAP Contracted Services 1,000 1,800 2,000 (200) 12,000

NLAP Case Management Program Assistance 0 0 0 0 400

NLAP Outreach 37 1,509 3,000 (1,491) 18,000

Net NLAP Expenses 10,075 3,309 12,460 (9,151) 75,300

Page 10


Expenses Continued

YTD YTD Projected



ACCESS TO JUSTICE

Operating Expenses Salaries/Taxes/Benefits 13,575 14,469 14,162 307 79,100



Postage 9 31 30 1 300



Travel 0 0 300 (300) 5,600

Departmental Expenses Access to Justice Commission 516 87 0 87 7,800

Total Access to Justice Expenses 15,505 17,446 17,192 253 109,200

Total Membership

& Administration Expenses 653,155 693,665 729,024 (35,359) 4,007,700


Page 11

YTD YTD Projected



ADMISSIONS

Revenue Application Fees 12,240 10,585 12,240 (1,655) 42,200

Exam Filing Fees 206,575 194,175 182,850 11,325 460,000

Exam Licensing Fees 3,700 2,775 2,500 275 14,800

Exam Penalties 39,600 31,900 44,275 (12,375) 80,300

Hearing Fees 2,350 0 2,350 (2,350) 38,000

Computer Fees 26,220 27,360 27,600 (240) 78,300

Other 5,635 3,145 5,635 (2,490) 19,100

Total Admission Revenue 296,320 269,940 277,450 (7,510) 732,700


Employment Taxes/Benefits 12,540 10,503 13,267 (2,764) 79,600


Direct Overhead 2,079 1,317 2,079 (762) 8,800

Postage 786 620 786 (167) 6,200

Professional Memberships 40 0 40 (40) 800



Travel 1,024 783 1,024 (242) 5,900

Departmental Expenses Background/Credit/FBI 6,949 3,369 8,589 (5,220) 34,300

Committees 0

Board of Bar Examiners 178 19 178 (160) 1,000

Grader Fee 0 0 0 0 15,000

Bar Preparation Meeting 2,500 2,500 2,500 0 62,000

Moral Character & Fitness 803 1,597 800 797 7,800

Functional Equivalency 0 0 0 0 5,000

Database Hosting Fees 1,700 0 0 0 10,200

Exam Accommodations 135 88 200 (112) 400

Exam Grading/Re‐grading 0 0 0 0 9,000

Exam License Fee 0 0 0 0 8,900

Exam Printing/Duplicating 0 0 0 0 2,000

Exam Purchase 0 64 0 64 48,500

Exam Proctors 7,383 9,878 7,383 2,495 19,700

Exam Site(s) Rentals 29,751 31,310 30,651 659 68,800

Exam Software 16,025 16,515 16,025 490 38,300

Exam Supplies/Other 3,200 1,974 333 1,641 2,000

Total Admissions Exp 136,715 141,970 145,526 (3,556) 754,000

Net Increase (Decrease) in Funds 159,605 127,970 131,924 (3,954) (21,300)

Page 12

YTD YTD Projected



CONTINUING LEGAL EDUCATION

Revenue Co‐Sponsored Seminars 0 0 0 0 14,000

Seminar Sponsorships 0 0 0 0 1,500

Live Seminars 22,865 25,566 37,000 (11,434) 200,000

Audio CLE 12,940 9,155 9,000 155 57,000

Online CLE 29,810 37,995 27,000 10,995 144,000

Nevada Lawyer Self Study 5,800 4,485 8,000 (3,515) 41,000

Total CLE Revenue 71,415 77,201 81,000 (3,799) 457,500

Operating Expenses Salaries 30,287 29,129 27,000 2,129 162,000

Employment Taxes/Benefits 10,257 8,132 8,333 (202) 50,000

Applied Overhead 7,896 10,136 12,000 (1,864) 50,000

Direct Overhead 704 164 1,450 (1,286) 3,100

Postage 93 183 100 83 1,000

Professional Memberships 0 0 0 0 300

Members/Public Relations 557 0 1,000 (1,000) 3,500


Travel 228 0 0 0 0

Departmental Expenses CLE Committee 470 521 600 (79) 1,200

Cosponsor Rebates 0 0 0 0 60,900

Live Seminars

Audio/Visual Rental 0 0 0 0 4,200

Food/Beverage 4,207 402 1,250 (848) 27,000

Parking 0 0 0 0 0

Rental 750 0 0 0 0

Marketing

Design 0 0 0 0 1,400

Printing 0 0 0 0 3,600

Postage 0 0 0 0 2,300

Email 978 969 630 339 3,800

Online Marketing 193 240 300 (60) 1,500

Audio/Self Study

Recordings/Materials 550 761 1,200 (439) 17,400

Online Platform Fee 1,549 5,859 5,900 (41) 35,400

Speaker

Fees 0 0 0 0 8,500

Travel 322 343 1,000 (657) 9,300

Staff Travel 0 27 300 (273) 600

Content Development/Programs 0 684 0 684 1,400

Total CLE Expenses 59,041 57,549 61,063 (3,514) 448,400

Net Increase (Decrease) in Funds 12,374 19,652 19,937 (285) 9,100

Page 13

YTD YTD Projected



PUBLICATIONS‐Nevada Lawyer

Revenue Nevada Lawyer Advertising 35,182 23,930 30,800 (6,870) 106,800

Other 365 540 450 90 1,800

Total Publications Revenue 35,547 24,470 31,250 (6,780) 108,600

Operating Expenses Salaries/Contracted Services 17,244 18,821 18,267 554 107,800


Applied Overhead 3,021 4,658 4,600 58 22,800

Direct Overhead 59 49 180 (131) 3,000

Postage 107 57 70 (13) 500

Professional Memberships 0 0 0 0 100

Members/Public Relations 0 0 0 0 1,300

Public Relations 1,000 0 0 0 0


Travel 0 0 0 0 800

Departmental Expenses Computer Hardware/Software 120 120 120 (0) 800

Graphic Design/Proof Reading 4,000 4,100 4,500 (400) 26,000

Paid Photography 200 231 120 111 800

Postage/Mailing 7,010 8,150 7,500 650 45,000

Printing/Graphics: Nevada Lawyer 18,055 18,334 18,500 (166) 111,000

Publications Committee 764 (765) 2,100 (2,865) 5,600

Total Publications Exp 58,135 60,604 61,290 (686) 358,100


Revenue Product(Book) Sales 2,273 11,056 4,000 7,056 24,000

Royalties: Books and Manuals 5,463 1,663 3,600 (1,937) 102,800

Total Publications Revenue 7,736 12,719 7,600 5,119 126,800

Operating Expenses Salaries/Contracted Services 9,494 7,646 8,233 (588) 47,600

Employment Taxes/Benefits 2,541 1,181 1,193 (13) 6,800


Direct Overhead 0 28 180 (153) 1,100

Postage 153 322 70 252 400


Departmental Expenses Computer Hardware/Software 120 120 120 (0) 900

Graphic Design/Proofreading 0 2,350 4,000 (1,650) 5,000

Profit Sharing Sections 0 0 900 (900) 3,600

Printing/Graphics: Books and Manuals 0 0 6,000 (6,000) 10,000

Publications Committee 0 0 0 0 1,400

Total Publications Exp 13,502 13,276 22,497 (9,221) 85,600

Net Increase (Decrease) in Funds (5,766) (557) (14,897) 14,340 41,200

Page 14

YTD YTD Projected



Annual Meeting Annual Meeting Revenue

Registration Fees 0 0 0 0 107,000

Exibitors/Event Sponsors 0 0 0 0 71,000

Total Annual Meeting Revenue 0 0 0 0 178,000

Annual Meeting Expenses

Hotel Services/Events 0 0 0 0 77,000

Meals 0 0 0 0 70,700

Promotional/Marketing 0 0 0 0 4,200

Written Materials/Awards/Give Aways 0 0 0 0 1,800

Speaker/Speaker Travel 0 0 0 0 20,000

Staff Travel 0 0 0 0 4,000

Total Annual Meeting Expenses 0 0 0 0 177,700

Net Increase (Decrease) in Funds 0 0 0 0 300

Transitioning Into Practice (TIP) Tuition 17,500 18,300 17,500 800 85,000

Sponsorships 0 0 0 0 1,500

Total TIP Revenue 17,500 18,300 17,500 800 86,500



Applied Overhead 1,166 1,933 1,900 33 9,500

Departmental Expenses Planning Committee Meetings 19 0 20 (20) 100

Printed Materials 0 0 0 0 0

Video Resources 0 0 0 0 0

Mentor Orientation 0 0 0 0 0

TIP Kickoff 1,250 2,100 0 2,100 6,000

Postage 168 36 150 (114) 300

Travel 356 206 0 206 700

Program Evaluation 0 0 0 0 0

Total TIP Expenses 16,094 18,347 14,937 3,410 93,800

Net Increse (Decrease) in Funds 1,406 (47) 2,563 (2,610) (7,300)

Page 15

YTD YTD Projected



LAWYER REFERRAL SERVICE/LRE

LRIS 64,459 50,567 65,000 (14,433) 260,000

LRE 705 5,400 5,000 400 147,800

Total LRIS/LRE Revenue 65,164 55,967 70,000 (14,033) 407,800

LAWYER REFERRAL SERVICE

Operating Expenses

Salaries 20,309 21,089 21,313 (225) 121,400




Postage/Mailing 76 30 75 (45) 100


Travel 0 0 0 0 0

Departmental Expenses

Advertising 3,760 26 3,315 (3,289) 18,000

Computer Hardware/Software 1,300 0 0 0 9,800

LRIS Committee 0 0 0 0 400

Telephone 78 84 80 4 500

Total LRIS Expenses 36,697 35,667 40,017 (4,350) 228,600

LAW RELATED EDUCATION

Operating Expenses

Salaries 10,553 10,586 8,617 1,969 51,700

Employment Taxes/Benefits 1,799 1,337 783 553 4,700


Overhead 622 362 363 (1) 1,600

Postage/Mailing 39 67 50 17 300


Travel 19 0 100 (100) 100

Program Expenses

Mock Trial 4,397 5,338 8,150 (2,812) 20,000

Law Day 0 0 0 0 0

We The People: Summer Institute 0 0 0 0 0

We The People 40,596 37,415 48,485 (11,070) 70,000

We The People seed 0 2,376 5,000 (2,624) 137,500

Project Citizen 0 0 0 0 0

Total LRE Expenses 59,430 59,808 73,948 (14,140) 297,300

Page 16

YTD YTD Projected



Other Funds Revenue Interest (592) 1,143 1,333 (190) 8,000

NBF/IOLTA Management 7,000 7,000 7,000 0 52,000

Labels/Lists/Other 24,344 23,463 19,738 3,725 83,000

RPC 5.5A and 7.5A(MJP/Extra Judicial) 42,700 56,650 42,500 14,150 124,000

SCR 42 (Pro Hac Vice) 58,650 95,450 76,964 18,486 462,000

RPC 7.4 Specialization 1,000 1,250 1,250 0 18,600

Total Other Fund Revenue 133,102 184,956 148,785 36,171 747,600

Other Funds Expenses




Direct Overhead 52 339 336 3 500


Departmental Expenses FastCase 6,693 6,933 7,728 (795) 48,000

Other Committees/Member Benefits 835 850 3,800 (2,950) 5,000

Total Other Funds Expenses 18,621 22,930 25,854 (2,923) 119,200

Net Increase (Decrease) in Funds 114,481 162,026 122,932 39,094 628,400

Main OperationsTotal of All Revenues 1,116,310 1,017,031 1,124,935 (107,904) 6,636,500

Total of All Expenses 1,051,390 1,103,818 1,174,155 (70,337) 6,570,400

Net Change in Fund From Main Operations 64,920 (86,787) (49,220) (37,567) 66,100

Excluding Depreciation

Page 17

OTHER SBN ACTIVITIES continued STATE BAR OF NEVADA


(Unaudited)

YTD YTD Projected


Client's Security Fund 2015 2016 2016 Over(Under) Budget

CSF Revenue

CSF Portion of Membership Dues 165,975 141,925 na na 209,000

CSF Portion of SCR42 Payments 10,650 15,150 na na 93,000

Donations, Misc., Other 1,425 1,500 na na 2,000

Attorney Restitution to Fund 250 0 na na 3,000

Total CSF Revenue 178,300 158,575 na na 307,000

CSF Expenses

Client Reimbursements 59,227 0 na na 306,500

Other 0 0 na na 500

Total CSF Expenses 59,227 0 na na 307,000

LEASED PROPERTIES

3100 West and 600 East Charleston

Lease Revenue 11,514 20,870 17,483 3,386 136,900

Total Property Revenue 11,514 20,870 17,483 3,386 136,900

Operating Expenses

Maintenance 10,925 4,117 3,887 231 23,320

Utilities 4,385 1,719 2,467 (748) 14,800

Dues and Fees 2,500 2,500 2,500 0 15,000

Taxes and Insurance 7,847 1,545 2,000 (455) 8,000

Other 0 0 0 0 0

Total Property Expenses 25,657 9,881 10,853 (972) 61,120

Page 18



(Unaudited)


YTD YTD Projected



Sections

Administrative Law

Total Income 275 257 na na 5,400

Total Expense 7 0 na na 3,000

Net Revenue 268 257 na na 2,400

Carry Forward @ 12/31/2015 20,475

Alternative Dispute Resolution


Total Expense 113 1,563 na na 13,400

Net Revenue 131 (1,373) na na (3,100)

Carry Forward @ 12/31/2015 29,739

Animal Law

Total Income 89 49 na na 800

Total Expense 0 0 na na 500

Net Revenue 89 49 na na 300

Carry Forward @ 12/31/2015 3,155

Appellate Litigation



Net Revenue 44 275 na na (800)

Carry Forward @ 12/31/2015 5,843

Bankruptcy Law


Total Expense 2,669 118 na na 6,800

Net Revenue (2,147) 284 na na 100

Carry Forward @ 12/31/2015 19,265

Business Law



Net Revenue 866 880 na na (7,900)

Carry Forward @ 12/31/2015 75,658

Construction Law



Net Revenue (337) 549 na na (4,800)

Carry Forward @ 12/31/2015 16,201

Elder Law




Carry Forward @ 12/31/2015 10,857

Page 19



(Unaudited)


YTD YTD Projected



Energy & Utilities Communication Law




Carry Forward @ 12/31/2015 7,879

Entertainment Law




Carry Forward @ 12/31/2015 3,089

Environmental & Natural Law



Net Revenue (368) 235 na na (1,600)

Carry Forward @ 12/31/2015 13,360

Family Law

Total Income 1,724 1,367 na na 127,000

Total Expense 6,806 8,583 na na 147,100

Net Revenue (5,081) (7,216) na na (20,100)

Carry Forward @ 12/31/2015 95,800

Family Law Section‐Ely

Total Income 0 0 na na 0

Total Expense 4,102 0 na na 0

Net Revenue (4,102) 0 na na 0

Carry Forward @ 12/31/2015 0

Gaming Law



Net Revenue (1,001) 468 na na 71,500

Carry Forward @ 12/31/2015 92,849

Insurance and Health Law




Carry Forward @ 12/31/2015 14,329

Intellectual Property Law



Net Revenue 348 (428) na na 0

Carry Forward @ 12/31/2015 35,468

International Law





Labor and Employment




Carry Forward @ 12/31/2015 19,472

Page 20



(Unaudited)


YTD YTD Projected



Paralegal Division




Carry Forward @ 12/31/2015 10,271

LGBT

Total Income 1,636 156 na na 3,200


Net Revenue 1,636 156 na na 500

Carry Forward @ 12/31/2015 10,969

Litigation



Net Revenue (565) 1,159 na na (2,600)

Carry Forward @ 12/31/2015 35,196

Probate And Estate Law



Net Revenue (4,491) (7) na na (2,900)

Carry Forward @ 12/31/2015 60,954

Public Lawyers

Total Income 713 1,717 na na 11,800

Total Expense 0 1,000 na na 11,000


Carry Forward @ 12/31/2015 7,323

Real Property Law




Carry Forward @ 12/31/2015 19,195

Solo & Small Practice



Net Revenue 376 247 na na 1,800

Carry Forward @ 12/31/2015 9,662

Tax Law




Carry Forward @ 12/31/2015 14,809

Tribal Law


Total Expense 0 0 na na 700



Young Lawyers


Total Expense 1,923 1,797 na na 38,200

Net Revenue (153) (797) na na (19,700)


Total Section Revenue 16,152 12,217 na na 441,070

Total Sections Expenses 26,530 14,673 na na 425,950

Total Section Net (10,378) (2,456) na na 15,120

Carry Forward @ 12/31/2015 632,755

Page 21

SBN ALL ACTIVITIES STATE BAR OF NEVADA


(Unaudited)


YTD YTD Projected



Main Operations

All Revenues 1,116,310 1,017,031 1,124,935 (107,904) 6,636,500

All Expenses 1,051,390 1,103,818 1,174,155 (70,337) 6,570,400

LRIS Public Service Grants 5,000 5,000 5,000 0 50,500



Net Change in Funds Excluding Depreciation 59,920 (91,787) (54,220) (37,567) 15,600

Sections

All Revenues 16,152 12,217 na na 441,070

All Expenses 26,530 14,673 na na 425,950

CSF

All Revenues 178,300 158,575 na na 307,000

All Expenses 59,227 0 na na 307,000

Leased Properties

All Revenues 11,514 20,870 17,483 3,386 136,900

All Expenses 25,657 9,881 10,853 (972) 61,120



Net Change in Funds Excluding Depreciation 154,472 75,321 (47,590) (33,208) 106,500

(Projected and Variance does not include CSF or Sections)

Depreciation Expense 36,456 58,737 52,167 6,570 313,000

Non Operating Income (Gain on Sale of 600 East Charleston) 0 0 0 0 0

Loss on Disposal of fixed asstes 0 0 0 0 0

Net Change in Funds All Activities 118,016 16,585 (99,756) (39,778) (206,500)

(Projected and Variance does not include CSF or Sections)

Page 22

1

M E M O R A N D U M

TO: The Board of Governors

FROM: Marc Mersol, Director of Finance

DATE: April 13, 2016 RE: Investment Committee Meeting Report

M E S S A G E

The Investment Committee met on March 23, 2016 and are recommending that the Board of Governors utilize the Certificate of Deposit Account Registry Service (CDARs) program through Bank of Nevada to manage the State Bar of Nevada’s investments. CDARs is a national program that uses our local bank to manage multiple CD purchases (see attachment 1). Unlike an investment contract, this is a service provided by the bank and we not committed in any way beyond the maturity date of CDs purchased on our behalf. CDs are the primary investment vehicle for State Bar funds. The Board of Governors are being asked to approve the recommendation of the Investment Committee. This recommendation is being made for the following reasons;

The State Bar of Nevada has considerably less cash than it did 18 months ago due to new building purchase and improvements. Additionally the State Bar of Nevada has entered a period where yearly cash flows are expected to be negative.

Cash for long term investing is under $1,000,000 and consists of cash that may not be long term. (Section carry forwards, etc.)

Currently, the State Bars primary cash management strategy is no longer focused on long term investments. Cash management will now be focused on cyclical cash flows.

Several investing entities were solicited and either did not respond or were not interested in managing funds due to short term nature, not meeting dollar amount thresholds, or due to investment limitations. They included Nevada State Bank, Clark County Credit Union, Fidelity Investments, Hancock Bank, Edward Jones, and Vanguard.

Per our investment policy it is time to RFP new investment manager. In the past year we have seen declining service by our current manager Nothern Trust Securities, Inc. (NTSI). (investments not made, funds transfers from incorrect accounts, etc.)

The CDARs program and process will be very similar to our NTSI process and will include a Money Market intermediary account just like NTSI.

2

Funds are insured to $250k when in money market either waiting for CD to be purchased or after CD has matured.

Money Market Fund and CDs are registered to the State Bar of Nevada

Fees are similar to the NTSI fees. (Bank receives one or two basis points on CD) The Investment Committee reviewed the following information.

1. Typical Cash Flows 2. Current Investments and Balances 3. Alternatives to CD purchases

1. Typical Cash Flows

The State Bar of Nevada goes through a cash surplus period, a cash neutral period, and a cash deficit period.

2. Current Investments and Balances As of 02/29/2016 the State Bar of Nevada has approximately $4,407,432 in cash and investments. This will go up slightly in March and then the State Bar of Nevada will enter its negative cash flow period. The State Bar of Nevada’s Primary Investment vehicle is through Northern Trust Securities (NTSI). When the State Bar has surplus cash, it is wired to Northern Trust, they purchase CDs that have the highest available national rates as well as ensure that the CDs are within FDIC limits. All securities in our NTSI account are electronically registered to State Bar of Nevada. They are

-1000000

-500000

0

500000

1000000

1500000

2000000

Jan March May July Sept Nov

Typical State Bar of Nevada Yearly Cash Flow

3

State Bar of Nevada assets, and have nothing to do with the assets of NTSI. If NTSI went under, the State Bar has a safety net with National Financial Services as a custodian for all the assets. The Financial Industry Regulatory Authority Inc. regulates both. We use a ladder approach for maturity dates where we do our best to ensure that maximum CDs are invested and mature as they are needed during cash deficit periods. If a CD matures that is not immediately needed, it is either held in a money market or reinvested long in a long term CDs with NTSI. Additionally, we purchase 90 day United States Treasury Bills on occasions where no CDs are available, or available CDs had undesirable maturity dates. Accounts @ 02/29/2016 Approximate Cash/Cash Equivalents balance in bank(s) as of 02/29/2016 $4,407,432 $132,529 in the operating bank account, Bank of Nevada. This is our main operating account. $156,933 in the Bank of Nevada internet commerce account. This account is where funds from

online payments to the State Bar of Nevada are received. During negative cash flow periods this is typically transferred to the operating account to cover current expenses.

$25,276 in the Bank of Nevada merchant account. This account is where funds from onsite

credit card payments are received. During negative cash flow periods this is typically transferred to the operating account to cover current expenses.

The combined total of Bank of Nevada accounts exceeds FDIC limits due to a large amount of deposits the last two days of February due to the deadline for dues payments. We had an extremely high amount of dues payments as members paid before late fees attached to dues on March 2nd.

$74,139 in Northern Trust Bank (Separate entity from Northern Trust Securities.) $919,187 is in Northern Trust Securities Money Market. These funds SIPC insured to $500k. After the SIPC, the investments are insured by Lloyds of London and Capco. The additional protection is up to $1,900,000. $3,099,368 is invested in CDs and Treasury Bills (9 individual CDs) through Northern Trust Securities. FDIC insured to $250k each CD. Attached is the 02/29/2016 Northern Trust Securities Statement and a summary statement of Northern Securities. Current Performance of investments Average non-weighted interest rate on CDs is 0.47%. Northern Trust does not charge us account fees. When they quote CD yields, it is net of a fee that is built in to the price of the CD which will bring the yield. Usually the CD will have a fee of 0.1%, the longer out the maturity date the higher the cost. On a $250,000 CD held for one year, this fee would be $250.

4

Future Cash Needs

Cyclical cash flow

Long term cash flow

3. Alternatives to CD Purchases Investment of surplus funds are governed under Supreme Court Rule 86(ii) as listed below 11. In addition to commercial banking or savings accounts, the board of governors shall have the power to invest surplus funds in any of the following investments:

(a) Time certificates of deposit; (b) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;

(c) Bills and Notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase; (d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years

from the date of purchase; (e) Bonds of federal agencies, where underwritten by or payment is guaranteed by

the United States.

Current Interest Rates Based On Criteria Above. 11(a) refers to the CDs that we currently Purchase. 11(b) is treasury bonds that typically are a year or much longer. Current rates for one year is 0.62% interest 2 year is 0.96%. 11(c) refers to T-Bills and typically matures under one year. Current interest rates are 0.469%. 11(d) An example would be an agency bond such as a “Fannie Mae Agency Bond” 2 year interest rate is 0.855% 11(e) Same as d, but could be Federal Home loan bond or Federal Farm Credit Bank. These are typically five to 10 years papers. Current rates are at four years at 1.85%,and five years at 2.6%.

5

Attachment 1 CDARS From the website http://banking.about.com/od/cds/a/cdars.htm “CDARS stands for Certificate of Deposit Account Registry Service. CDARS is a program that allows you to spread your money among various banks, usually to stay below FDIC insurance limits at any given bank. CDARS is a way to have somebody else manage the risk of bank failures for you.

Why Would I Use CDARS?

FDIC insurance only covers your deposits up to certain limits. There are a variety of ways you can increase your coverage - titling accounts properly, spreading your money among various banks, and so on. If you do not want to do all the legwork yourself (or if you have a lot of money to spread around), you can use CDARS.

Your bank will spread your money among other member banks, ensuring that your principal and interest never get above FDIC insurance limits. You don’t have to open accounts at different banks or read statements from each of those banks - you just use the CDARS program.

How do I Use CDARS?

To use CDARS, you must use a bank that participates in the CDARS program. CDARS is run by Promontory Interfinancial Network, LLC, and banks must join the program to participate.

If you have money that you want to put in CDs, you hand it over to the participating bank. After that, they do the legwork of spreading it out among other FDIC insured banks for you.

From the CDARS website:

6

7

1

M E M O R A N D U M


FROM: Marc Mersol, Director of Finance and Information Systems

DATE: April 13, 2016 RE: Auditor Engagement

M E S S A G E

The audit committee considered and reviewed the options of engaging Barnard Vogler for a fourth year auditing the State Bar of Nevada or sending our requests for proposals for new auditors. (Typically we have contracted with auditors for 3 years, and then optioned for fourth and/or fifth year). We work well with Barnard Vogler and Co. and their fees are well under the higher bid from our last RFP process. David Schaper has informed me that this is due to them giving us a substantial professional discount. Additionally, Barnard Vogler has familiarity with the construction loan and related improvements that were incurred during 2015 along with the rental of 600 E. Charleston and 3100 W. Charleston. They also have an in-depth knowledge of the Northern Trust investment strategy and procedures. If we stay with Banard Vogler, there will be less work for SBN staff to not having to familiarize new auditors on policies & procedures, client security fund, beginning balances, leases etc. Barnard Vogler is also engaged with the Supreme Court of Nevada for continued internal control work in 2015. Barnard Vogler has done an excellent job preparing our audits over the last three years. For these reasons the audit committee is recommending that we re-engage with Banard Vogler for a fourth year for the audit of the 2015 State Bar of Nevada financial statements. The cost will be $23,000 which is in the 2016 budget.

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: Report of the Lawyer Referral and Information Service Committee

Grant Funding According to the formula approved by the Board of Governors, the LRIS grant program is funded as follows: 75% of 2015 net revenue ($0) + 25% of granting fund ($43,059). Total amount available for funding in 2016 is: $43,059. The LRIS Committee received 7 requests totaling $111,983. As funds were extremely limited this year, the Committee is recommending partial funding for all requests totaling $43,059. The Committee respectfully seeks approval from the Board of Governors to fund the projects recommended on the attached table.

The LRIS Committee recommends funding the following:

Organization

Project/Program

Amount Requested

Amount Granted

Comments

Northeastern Nevada CASA

Recruit, train, appoint and monitor volunteers $10,000 $5,000 50% of request

SNSLP Smooth Sailing –

Secure an HR professional to coordinate with SNSLP to update HR policies & procedures, job classifications and employee handbook: Purchase video and dictation software and equipment:

Technical support for computer and cloud system:

Print publications and purchase materials to promote program, especially Elder Abuse:

Purchase NJA membership:

Purchase NBI membership for specialized CLE:

$40,049 $9,000 Funding is for print publications; technology, personnel and subscription requests were excluded

Project REAL The Inside Story (formerly known as Now You’re 18 Survival Guide) printing costs

$10,000 $5,000 50% of request

NDALC Disability Rights Workshops – Personnel Costs: Non-personnel costs:

accommodations including transportation, sign language interpreters and reproduction of curriculum in alternative formats:

USB flash drives for 300 participants:

Paper, pens, flip chart paper, markers:

$10,000 $2,000 Personnel costs were excluded

LACSN Printing of 160,000 Legal Aid brochures:

Design for 12 new brochures:

Printing of 300 revised CAP Manuals:

$19,934 $13,334 Funding is for reprinting of Legal Aid brochures; funding for new design costs and CAP manuals were excluded

VARN Website upgrade project

Web design email collection upgrade:

Email marketing firm:

Newsletter design consultant:


RMIC Correction and prevention of innocent people wrongfully convicted in Nevada

$20,000 $7,725 39% of request

Total Available

$43,059

$111,983

$43,059

The LRIS Committee recommends funding the following:

Organization

Project/Program

Amount Requested

Amount Granted

Comments

Northeastern Nevada CASA

Recruit, train, appoint and monitor volunteers $10,000 $5,000 50% of request

SNSLP Smooth Sailing –

Secure an HR professional to coordinate with SNSLP to update HR policies & procedures, job classifications and employee handbook: Purchase video and dictation software and equipment:

Technical support for computer and cloud system:

Print publications and purchase materials to promote program, especially Elder Abuse:

Purchase NJA membership:

Purchase NBI membership for specialized CLE:

$40,049 $9,000 Funding is for print publications; technology, personnel and subscription requests were excluded

Project REAL The Inside Story (formerly known as Now You’re 18 Survival Guide) printing costs

$10,000 $5,000 50% of request

NDALC Disability Rights Workshops –Personnel Costs: Non‐personnel costs:

accommodations including transportation, sign language interpreters and reproduction of curriculum in alternative formats:

USB flash drives for 300 participants:

Paper, pens, flip chart paper, markers:


LACSN Printing of 160,000 Legal Aid brochures:

Design for 12 new brochures:

Printing of 300 revised CAP Manuals:

$19,934 $13,334 Funding is for reprinting of Legal Aid brochures; funding for new design costs and CAP manuals were excluded

VARN Website upgrade project

Web design email collection upgrade:

Email marketing firm:

Newsletter design consultant:


RMIC Correction and prevention of innocent people wrongfully convicted in Nevada

$20,000 $7,725 39% of request

Total Available

$43,059 $111,983

$43,059

To: From: Date: Re:

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Rules of Procedure of the State Bar of Nevada

Mock Trial Committee

Approved April ___ 2016

I. Purpose of the Mock Trial Committee

a. The State Bar of Nevada Board of Governors has established the Mock Trial Committee

to provide direction for and to oversee the operations of the regional and state Nevada

high school mock trial competitions.

b. The Mock Trial Committee may amend as necessary the Nevada High School Mock Trial

Rules, subject to approval by the Board of Governors.

II. Committee Composition and Terms

a. The Committee shall not consist of more than 11 members appointed by the Board of

Governors. Eight members shall be from the state bar’s membership and three

members shall be non-attorneys. Non-attorney members shall have the same voting

privileges as attorney members. At least three members should reside in northern

Nevada.

b. Each member shall hold no more than four, two-year terms, subject to reappointment

at the discretion of the Board of Governors. Current members, who have served eight or

more consecutive years, as of April 2016, will be allowed to finish their current term and

serve an additional two-year term.

c. Committee members may not serve while also having an affiliation with a competing

team. If an applicant to the Committee previously served as a team attorney or teacher

coach, there must be a two year break from that service prior to serving on the Mock

Trial Committee.

d. The Board of Governors shall appoint the Chair and Vice Chair to a one-year term with

eligibility for reappointment at the discretion of the Board of Governors.

e. Committee members serve without compensation, but may be reimbursed for their

actual and necessary expenses outlined in the state bar’s guidelines for reimbursement.

III. Subcommittees

a. To facilitate competitions, the Chair may form subcommittees for the purpose of (1)

proposing amendments to competition rules, (2) selection of case materials, (3)

recruitment of volunteer judges, and (4) competition logistics.

2

b. The Chair may elect to draw upon past Committee members to serve on these

subcommittees and provide historical knowledge.

c. Subcommittee recommendations are subject to formal approval by the Mock Trial

Committee and the Board of Governors.

IV. Administration

a. Frequency: The Committee shall hold not less than one regular meeting each year on a

date designated by the Chair. Meetings may occur in person or via alternative formats.

b. Special Meetings: The Committee may hold a special meeting at any time upon call of

the Chair or any three members of the Committee.

c. Quorum: At least five members of the Committee must be present to constitute a

quorum.

d. Notice: The state bar staff shall give members of the Committee not less than 15 days’

notice of the time and place of each regular meeting and not less than five days’ notice

of the time and place for each special meeting. Any member may waive notice of any

meeting either before or after the meeting.

e. Designation of Alternate Chair: If the Chair is absent from any meeting, the Vice Chair

shall act as the temporary chair to preside at the meeting.

f. Voting: Each Committee member shall have a single vote. Action of the Committee shall

be by majority vote of the members present.

g. Alternative Forms of Voting: The Chair may direct that consideration of an issue may be

submitted to the Committee for vote by alternative means, including email. In that

event, binding action of the Committee shall be by a majority of the votes received and

shall be reduced to writing.

V. Amendments

These rules may be amended at any time by a majority vote of the members of the

Committee and approval by the Board of Governors.

Mock Trial Committee Effective April 2016

NAME ORIGINAL APPT DATE1

DATE TERM EXPIRES

MAXIMUM TERM2

FIRM/ORGANIZATION CONTACT INFORMATION

Don Christensen (Chair) Attorney Member

2003 2017 2019 Christensen Law Group

1285 Baring Blvd., #148 Sparks, NV 89434 Phone: 775‐741‐9539 Email: [email protected]

Stephanie Barker Attorney Member

2013 2017 2021 State Bar of Nevada

3100 W. Charleston Blvd., Ste. 100 Las Vegas, NV 89102 Phone: 702‐382‐2200 Email: [email protected]

Andrew Craner Attorney Member

1999 2017 2019 N/A

11268 Playa Bonita Avenue Las Vegas, NV 89138 Phone: 702‐353‐7874 Email: [email protected]

Valerie Bayarddevolo‐Fine Non‐Attorney Member

2012 2016 2020 Wooster High School

1331 East Plumb Lane Reno, NV 89502 Phone: 775‐321‐3167/775‐771‐9353 E: [email protected]

Kevin Diamond Attorney Member

2010 2016 2018 Thorndal, Armstrong, Delk Balkenbush

1100 E. Bridger Avenue P.O. Box 2070 Las Vegas, NV 89125‐2070

Scott Guthrie Non‐Attorney Member

2014 2016 2022 Elko High School

987 College Avenue Elko, NV 89815 Phone: 775‐738‐7281/775‐777‐7977 Email: [email protected]

Lisa McAllister Non‐Attorney Member

2003 2017 2019 N/A Phone: 702‐203‐0819 Email: [email protected]

Lori Plater Attorney Member

2007 2017 2019 Washoe County DA’s Office

P.O. Box 11130 Reno, NV 89520‐3083 Phone: 775‐328‐3845 Email: [email protected]

1 Prior to 2016, Committee members were not formally appointed by the Board of Governors. 2 Assumes term limits set in 2016 Rules of Procedure

NAME ORIGINAL APPT DATE1

DATE TERM EXPIRES

MAXIMUM TERM2

FIRM/ORGANIZATION CONTACT INFORMATION

Sarada Toomey Non‐Attorney Member

2012 2016 2020 Andre Agassi Preparatory Academy

1201 W. Lake Mead Blvd. Las Vegas, NV 89106 Phone: 702‐948‐6000/702‐493‐3259 Email: [email protected]

David Watts‐Vial Attorney Member

2014 2016 2022 Washoe County DA’s Office

P.O. Box 11130 Reno, NV 89520‐3083 Phone: 775‐337‐5719 Email: [email protected]

STAFF ORGANIZATION CONTACT INFORMATION

Kathleen Dickinson LRE Coordinator

State Bar of Nevada 3100 W. Charleston Blvd. Las Vegas, NV 89102 Phone: 702‐317‐1408 Email: [email protected]

Robert Horne LRE Assistant

State Bar of Nevada 3100 W. Charleston Blvd. Las Vegas, NV 89102 Phone: 702‐317‐1459 Email: [email protected]

Gina MacLellan

Washoe County Bar Association

P.O. Box 1548 Reno NV 89505 Phone: 775‐324‐4665 Email: [email protected]

BOG Liaison: Paul Matteoni

1

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: Request for Formation of a New Section

Attached is an application under Article 7 of the State Bar of Nevada Bylaws to form a Marijuana Law Section.

The persons who are submitting this application and who are willing to serve as initial officers are:

1. Alicia R. Ashcraft ‐ Chair 2. Amanda N. Connor – Vice Chair 3. Melissa L. Waite ‐ Secretary 4. Margaret A. McLetchie ‐ Treasurer

19 additional active members of the State Bar in good standing have indicated their willingness to join and become members of this section:

1. Jeffrey Barr 2. Tisha Black 3. Carlos Blumberg 4. Derek Connor 5. Krisanne Cunningham 6. Riana Durrett 7. Lynn Fulstone 8. Pete Georgis 9. Neal Gidvani 10. Brian Hardy 11. Melanie Hill 12. Lee Iglody 13. Jennifer Lazovich 14. Michael McNerny 15. Lesley Miller 16. Brian A. Morris 17. Richard (Tick) Segerblom 18. Phillip Silvestri 19. Hardeep “Dee” Sull

2

The immediate and long range goals of the Marijuana Law Section are:

Enhance the role and skills of the lawyers engaged in the practice of marijuana law through study, collection, development and dissemination of materials on subjects of interest to marijuana law practitioners;

Assist in the formation, administration and implementation of programs, forums and other activities for the education of members of the State Bar of Nevada in matters pertaining to marijuana laws and regulations including, without limitation, continuing legal education opportunities; and

Recognize and discuss means of improving the law and the practice of law in the field of marijuana law

Annual dues are requested to be set at $25. If approved, this will be the 28th section/division. The other 27 are listed below:

Administrative Law Section Alternative Dispute Resolution Section Animal Law Section Appellate Litigation Section Bankruptcy Law Section Business Law Section Construction Law Section Elder Law Section Energy, Utilities and Communication Law Section Entertainment Law Section Environmental and Natural Resources Law Section Family Law Section Gaming Law Section Insurance and Health Law Section Intellectual Property Law Section International Law Section Labor and Employment Law Section LGBT Section Litigation Section Paralegal Division Probate and Trust Law Section Public Lawyers Section Real Property Law Section Solo and Small Practice Section Tax Law Section Tribal Law Section Young Lawyers Section

AshcraftBarr.com

2300 West Sahara Avenue Suite 1130

Las Vegas, NV 89102 702•631•7555

Writer’s e-mail: [email protected] March 21, 2016 Board of Governors Via Email [email protected] State Bar of Nevada 3100 W. Charleston Blvd. | Suite 100 Las Vegas, Nevada 89102 Re: Application for Marijuana Law Section Board of Governors: The undersigned active members are applying for the formation of the Marijuana Law Section of the State Bar of Nevada. In accordance with the Board of Governors bylaws, we provide the following information:

A list of 23 active members of the State Bar of Nevada who are in good standing and willing to join to become members of the Marijuana Law Section;

The designated field of law is Marijuana Law;

The immediate and long range goals of the Marijuana Law Section are: o Enhance the role and skills of the lawyers engaged in the practice of marijuana law

through study, collection, development and dissemination of materials on subjects of interest to marijuana law practitioners;

o Assist in the formation, administration and implementation of programs, forums and other activities for the education of members of the State Bar of Nevada in matters pertaining to marijuana laws and regulations including, without limitation, continuing legal education opportunities; and

o Recognize and discuss means of improving the law and the practice of law in the field of marijuana law.

Proposed bylaws for the Marijuana Law Section are attached;

The proposed initial officers of the Marijuana Law Section are:

o Chair – Alicia R. Ashcraft, Esq. o Vice Chair – Amanda N. Connor, Esq. o Secretary – Melissa L. Waite, Esq. o Treasurer – Margaret A. McLetchie, Esq.

Ashcraft Alicia Ashcraft & Barr LLP

Barr Jeffrey Ashcraft & Barr LLP

Black Tisha Black Lobello

Blumberg Carlos Blumberg Law

Connor Amanda Connor & Connor

Connor Derek Connor & Connor

Cunningham Krisanne Rice Reuther

Durrett Riana Athari Law

Fulstone Lynn Fennemore Craig

Georgis Pete Rice Reuther

Gidvandi Neal Gidvani Silvestri

Hardy Brian Marquis & Aurbach

Hill Melanie Melanie Hill Law

Iglody Lee Iglody Law

Lazovich Jennifer Kaempfer Crowell

McLetchie Margaret McLetchie Shell

McNerny Michael Law Office of Michael McNerny

Miller Lesley Kaempfer Crowell

Morris Brian Morris & Morris

Segerblom Richard (Tick)

Silvestri Phillip Gidvani Silvestri

Sull Hardeep "Dee" Sull & Associates

Waite Melissa Jolley Urga

Page 1 of 8

MARIJUANA LAW SECTION BYLAWS

BY LAWS OF THE

MARIJUANA LAW SECTION STATE BAR OF NEVADA

Section 1

IDENTIFICATION

1.1 NAME: This Section shall be known as the “Marijuana Law Section, State Bar of Nevada,” and hereinafter shall be designated simply as “Section”.

1.2 PURPOSE: The purpose of the Section is to:

a. enhance the role and skills of the lawyers engaged in the practice of marijuana law through study, collection, development and dissemination of materials on subjects of interest to administrative law practitioners;

b. assist in the formation, administration and implementation of programs, forums and other activities for the education of members of the State Bar of Nevada in matters pertaining to marijuana laws and regulations;

c. recognize and discuss means of improving the law and the practice of law in the field of marijuana law; and

d. act upon all matters germane to its purpose as so described or referred to by the Board of Governors.

Section 2

MEMBERSHIP

2.1 ENROLLMENT: Any member in good standing with the State Bar shall be enrolled as a member of the Section by the payment of annual Sections dues.

2.2 TERM: The term of membership in the Section shall be for a period of one (1) year, corresponding to the membership year established by payment of State Bar dues. Membership dues shall not be prorated for any portion of a year.

2.3 THE MEMBERSHIP: Members so enrolled and whose dues are paid pursuant to the provisions of this Section shall constitute the membership of the Section.

2.4 DUES: Dues for membership in the Section shall be in an amount set by the Section and approved by the Board of Governors, payable upon enrollment and thereafter annually at the beginning of the State Bar’s fiscal year. Fees shall be paid to the State Bar of

Page 2 of 8


Nevada, along with all other funds generated by this Section, and appropriately accounted for by the Accounting Department of the State Bar of Nevada in conjunction with the Treasurer of the Section and shall be used for the purposes of defraying costs and expenses of the Section or such other purposes as the Board of Governors may designate. The dues shall be as determined by the Section and approved Board of Governors.

2.5 DELINQUENCY: Any member of the Section whose annual dues are more than two (2) months past due shall thereupon cease to be a member of this Section.

2.6 MEMBERSHIP: Members have the following rights:

a. to attend meetings, including meetings of the Executive Committee.

b. to vote, if eligible under Section 4.5.

c. to hold office.

d. to participate in all activities of the Section not prohibited or assigned in accordance with the Bylaws.

Section 3

COMMITTEES

The Executive Committee of the Section is authorized to establish, or to empower the Chair of the Section to establish such committees as it may deem necessary and desirable to promote effectively the activities of the Section within the jurisdiction of the Section. In establishing a new committee, the Executive Committee shall state in writing the area of its proposed activities. No action of any Section committee shall be effective until approved by the Executive Committee or by the Section.

Section 4

MEETINGS OF THE MEMBERSHIP

4.1 ANNUAL MEETING: This Section shall hold a meeting at least annually at a place and time to be determined by the Executive Committee.

4.2 NOTICE: Written notice of each meeting specifying the time and place shall be mailed or e-mailed to each member thirty (30) days prior to meeting.

4.3 QUORUM: The members of the Section present at any meeting shall constitute a quorum for the transaction of business.

Page 3 of 8


4.4 CONTROLLING VOTE: Action of the Section shall be by majority vote of the members present.

4.5 VOTING ELIGIBILITY: Any member of the State Bar and Section whose good standing can be certified by official State Bar records for thirty (30) days prior to the time of voting and who is current with his or her membership dues shall be eligible to vote.

4.6 AGENDA: Among the matters of business to be transacted at the annual meeting of the membership shall be the election of Officers and Executive Committee members. The agenda shall consist of other matters as decided by the Chair or Executive Committee.

4.7 ALTERNATE FORMS OF VOTING: The Executive Committee may direct that a matter be submitted to the members of the Section for a vote by alternate means, including mail or e-mail. In that event, binding action of the Section shall be by a majority of the votes received from members in accordance with rules fixed by the Executive Committee.

Section 5

OFFICERS

5.1 OFFICERS: The Officers of the Section shall be the Chair, Vice-Chair, Secretary, and Treasurer.

5.2 CHAIR: The general membership shall elect the Chair by a majority vote at the annual meeting of the section. The Chair shall:

a. preside at all meetings of the Section and of the Executive Committee.

b. plan and superintend the programs of the Section during that term, subject to the direction and approval of the Executive Committee.

c. superintend the performance of all duties of the Section.

d. keep the Executive Committee duly informed and carry out its decisions.

e. perform such other duties and acts as are necessary and proper to the office or as may be designated by the Executive Committee.

f. make an annual written report to the Board of Governors which shall be available at the annual meeting of the State Bar.

5.3 VICE-CHAIR: The Vice-Chair shall be elected in the same manner as the Chair and for the same term. The Vice-Chair shall aid the Chair in the performance of the responsibilities of office in the manner and to the extent the Chair may request, and shall perform such further duties and have such further powers as usually pertain to this office, or as may be

Page 4 of 8


designated by the Chair or the Executive Committee. In case of death, resignation, or disability of the Chair, the Vice-Chair shall perform the duties of the Chair for the remainder of Chair’s term or disability, as the case may be. In the event the Chair is temporarily unavailable, the Vice-Chair shall assume and perform the duties of the Chair.

5.4 SECRETARY: The Secretary shall be elected in the same manner as the Chair and for the same term. The Secretary shall consult and assist all the officers of the Section; be the liaison between the Section and the State Bar staff regarding the retention and maintenance of books, papers, documents, and other property; keep a true record of the proceedings of all meetings of the Section and of the Executive Committee; and attend generally to the business of the Section as directed by the Chair. The Secretary shall maintain the official copies of the Bylaws, Minutes, Membership Rolls, List of Executive Committee Members and Officers of the Executive Committee.

5.5 TREASURER: The Treasurer shall be elected in the same manner as the Chair and for the same term. The Treasurer shall monitor all accounts, reports, and other documents prepared as to Section funds, revenues and expenditures, and seek to make certain that all such accounts, reports, and other documents are at all times accurate and correct; report on the Section’s present and projected financial condition at each meeting of the Section Executive Committee; advise the Officers and Executive Committee as to the financial impact of any proposed action by the Officers, Executive Committee or Section which, in the judgment of the Treasurer, would have a significant impact on the financial condition of the Section; at least once a year, prepare and submit a projected budget to the Executive Committee for approval or modification at such time as may be expressly fixed by the Executive Committee, which shall be done in a sufficient time to submit to the membership and the State Bar Board of Governors for approval. The Section budget shall be effective only upon approval by the Board of Governors, a copy of which, once approved, shall be maintained by the Treasurer. The Treasurer shall also submit a copy of the Section budget to the Section membership, at the annual meeting, a report on the Section’s financial affairs and financial condition; prepare such other recommendations and special reports on financial affairs of the Section as may be requested by the Chair of the Section.

5.6 TERM: All officers shall serve a one (1) year term on election by secret ballot from among the membership of the Executive Committee at the annual meeting. Officers may be re-elected to the same office more than once but may not serve more than eight (8) consecutive years on the Executive Committee.

Section 6

THE EXECUTIVE COMMITTEE

6.1 POWERS: The Executive Committee shall be vested with the powers and duties necessary for the administration of the affairs of the Section. The policy of the Executive Committee shall be consistent with the policies set by the Board of Governors. It shall especially

Page 5 of 8


authorize all committees which entail the payment of money, and shall authorize the expenditure of all monies appropriated by the State Bar for the use or benefit of the Section. It shall not, however, authorize commitments which entail the payment of more money during any fiscal year than the amount appropriated to the Section for the fiscal year. The Executive Committee shall elect the Officers from among its members.

6.2 COMPOSITION: The Executive Committee shall be composed of:

a. a non-voting “ex officio member,”. The most recent past Chair shall serve in this position unless there is good cause to depart from the same.

b. ten (10) voting Executive Committee members (including the members elected as Officers), each of whom shall serve two-year terms, with the Executive Committee members being comprised of four (4) members from the North and six (6) members from the South.

c. if a Chair leaves that position by expiration of term of office (as opposed to death, disability, or resignation), the retiring Chair shall become an ex officio member of the Executive Committee for a period of one (1) year, even if that person’s term of office on the Executive Committee has otherwise expired.

6.3 CONTROLLING VOTE: Action of the Executive Committee shall be by majority vote of those members present. A quorum consisting of a majority of the Executive Committee members shall be required to conduct its business.

6.4 MEETINGS: The Executive Committee shall hold at least four (4) regular meetings each year to dispatch any necessary business, with those meetings being held quarterly in January, May, September, and at the annual meeting as provided for in Section 4.1, or as proximate to those months as practicable. The Chair may, and upon request of three (3) members of the Executive Committee, call special meetings of the Executive Committee.

6.5 POLL OF EXECUTIVE COMMITTEE: In urgent matters requiring immediate attention, the Chair may, and upon request of three (3) members of the Executive Committee, submit in writing to each of the members of the Executive Committee a proposition upon which the Executive Committee may be authorized to act, and the members of the Executive Committee may vote upon the proposition either by written ballot, by telephone or e-mail vote, confirmed in writing which may be accomplished by electronic means, to the Secretary, who shall record the proposition and votes in the matter.

6.6 EXECUTIVE COMMITTEE AUTHORITY: Between meetings of the Section, the Executive Committee shall have full power to perform all acts and functions which the Section itself might perform. Any such action taken by the Executive Committee shall be reported to the Section at its next meeting.

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6.7 COMPENSATION OF EXPENSES: No salary or other compensation shall be paid to any member of the Section for performance of services to the Section. However, the members may be reimbursed for such reasonable and necessary telephone, reproduction and other similar out-of-pocket expenses which are incurred as a result of the performance of such services and as are specifically authorized by the Chair of the Section or the Executive Committee.

6.8 TERM: Executive Committee Members shall serve for two (2) years. They may serve four (4) consecutive terms. The time served in filling a vacancy for part of a term shall not be included in computing the eight-year limit, nor shall the eight-year limit preclude a member of the Executive Committee who serves as Chair-elect during his or her eighth year from thereafter serving as Chair.

Section 7

SUCCESSION OF OFFICERS AND VACANCIES

7.1 OFFICERS AND EXECUTIVE COMMITTEE: Between annual meetings of the Section, the Executive Committee may fill vacancies in its own membership, or in the offices of Vice-Chair, Secretary, or Treasurer. Members of the Executive Committee and Officers so elected shall serve until the next annual meeting of the Section at which time the membership of the Section shall elect Officers and/or Executive Committee members to fill any unexpired terms existing at the time. The Board of Governors shall approve all appointments.

7.2 ABSENTEEISM: If any Officer or member of the Executive Committee shall fail to attend two consecutive meetings of the Executive Committee, his office shall be automatically vacated, unless excused upon good cause accepted by members of the Executive Committee.

7.3 RESIGNATION: Any officer may resign by giving written notice to the Executive Committee.

7.4 REMOVAL: Upon written notice, the General Membership may remove a member of the Executive Committee by a majority vote.

Section 8

CONTINUING LEGAL EDUCATION PROJECTS

All educational projects of the Section for which CLE credits will be sought must be submitted to the Continuing Legal Education of the State Bar Department for approval. The Continuing Legal Education Department will administer and coordinate all such projects with the Section. Net profits or losses of such projects will be divided in a manner consistent with Board approved policies.

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Section 9

LEGISLATION

The Section may draft or propose to support or oppose the adoption of legislation by the Nevada State Legislature. The Section’s proposed legislation or position on legislation is consistent with its purpose and (1) relates closely and directly to the administration of justice; (2) involves matters which are not primarily political and as to which evaluation by lawyers would have particular relevance if not related closely and directly to the administration of justice; or (3) comes within the Section’s special expertise and jurisdiction. Any proposed legislative position must be adopted by the Section pursuant to this Section and Section 7.10 of the State Bar of Nevada Bylaws. Any committee of this Section, including the Executive Committee, may draft or propose to support or oppose the adoption of legislation by the Nevada State Legislature. Any such draft legislation or proposal must be approved by the Executive Committee of this Section. If the Executive Committee approves the draft legislation or the taking of the position pursuant to these Bylaws, the Executive Committee, by and through the Chair or Vice Chair, must present the draft legislation or legislative position to the Board of Governors of the State Bar of Nevada for review pursuant to Section 7.10 of the State Bar of Nevada Bylaws. No committee of this Section is permitted to present the draft legislation or the proposal to the Board of Governors; only the Executive Committee may do so and only after the draft legislation or proposal is approved by the Executive Committee.

Section 10

ACTION OF THE STATE BAR OF NEVADA

No action of the Section shall be represented or construed as the action of the State Bar of Nevada until the same has been approve by the Board of Governors of the State Bar of Nevada.

Section 11

AMICUS CURIAE BRIEFS

If the Section wishes to enter an amicus curiae appearance, approval must be obtained from the Board of Governors. The request must be in writing and must include a synopsis of the question involved, the posture of the case, the position to be taken in the amicus appearance, and the anticipated cost of appearing amicus curiae including lawyer fees, if any. The question involved must be directly or substantially affect

admission to the practice of law, discipline of members of the bench or bar, the method selecting members of the judiciary or other questions of substantial interest to the State Bar or Section. If the Board of Governors approves the filing of an amicus curiae brief appearance by a committee, the Bar will pay any costs for the appearance.

Page 8 of 8


Section 12

AMENDMENT TO BYLAWS

These Bylaws may be amended at any annual meeting of the Section by a majority vote of the members of the Section present and voting, providing such proposed amendment shall first have been approved by a majority of the Executive Committee. They shall become effective upon approval by the Board of Governors, and may be amended or repealed at any time by the Board of Governors on its own motion.

Accepted:

Chairperson

1

MINUTES BOARD OF GOVERNORS MEETING

Carson City, NV January 19, 2016 January 20, 2016

________________________________________________________________________ A meeting of the Board of Governors of the State Bar of Nevada was convened on January 19 and 20, 2016. The following members were in attendance: Larry Digesti, President Bryan Scott, President Elect Gene Leverty, Vice President Elana Turner Graham, Immediate Past President Paola Armeni Kimberly Buchanan Julie Cavanaugh Bill Eric Dobberstein Richard Dreitzer Troy Isaacson (January 20, 2016 session) Paul Matteoni Ann Morgan Richard Pocker Ryan Russell Kari Stephens Ryan Works State Bar staff present: Kimberly Farmer Gale Skala Lisa Dreitzer Marc Mersol Shelley Young Stan Hunterton Guest via teleconference: Dan Waite

2

JANUARY 19, 2016 CALL TO ORDER President Larry Digesti called the meeting to order with quorum present at 3:50 pm. DISCUSSION CLE Board, State Bar Response Report Larry Digesti gave a synopsis of the Supreme Court December 8, 2015 public hearing on ADKT 0499 and the Nevada Board of Continuing Legal Education (NVCLE) Business Plan. Specific issues/questions by the Court included:

CLE exemption for attorneys over 70 years old

CLE buyout

CLE Specialization

Exemptions for providers

NVCLE Board reserves

Administrative Expenses

Governance Kim Farmer reviewed highlights of the joint meeting on December 28, 2015 between the state bar’s CLE Board Taskforce and the NVLCE Board. The purpose of the meeting was to discuss specific questions presented by the Court during the public hearing. Two additional items were discussed

Discipline/CLE Suspensions

Substance Abuse The Board suggested the CLE Board Taskforce review the issue regarding exemption for attorneys over 70 years old. And that they seek viewpoints from the attorneys through surveys, section discussions, Nevada Lawyer articles, etc. Larry Digesti discussed changing the CLE requirement in the area of substance abuse, addictive disorders and/or mental health to an annual requirement rather than once every 3 years. It was moved, seconded and carried to submit an ADKT seeking to change the CLE requirement substance abuse, addictive disorders and/or mental health to a one 1 annual requirement. There being no further business before the Board, the meeting was adjourned at 5:20 pm.

JANUARY 20, 2016 RECONVENE AND CALL TO ORDER President Larry Digesti called the meeting to order with quorum present at 8:40 am. DISCIPLINE REPORT Overview ‐‐ Stan Hunterton reviewed the progress made in the Office of Bar Counsel (OBC) and the focus for 2016. He provided a synopsis of the panel training conducted in late 2015 covering the application of the ABA Standards for Imposing Lawyer Sanctions. Mr. Hunterton also reported that there is a policy now in place to respond to Judges who file a complaint. Fees ‐‐ In previous years the state bar recovered approximately less than one half of its direct costs for disciplinary proceedings. None of the overhead costs were recovered. This prompted a look into how OBC might become better at recovering these fees and place more of the burden on lawyers who violate the rules. The OBC presented different methods as to cost recovery.

3

The Board wants to explore this further and asked the OBC to work with a taskforce to develop recommendations. The following members will be members of a taskforce: Bryan Scott, chair, Paola Armeni, Richard Dreitzer, Gene Leverty, Julie Cavanaugh‐Bill and Ryan Works. Discipline Reappointments ‐‐ It was moved seconded and carried to approve the following attorneys for a three year reappointment commencing 12/31/15 Southern Disciplinary Panel Daniel Royal Daniel Waite Jason Gerber Northern Disciplinary Panel Bruce Hahn PRESIDENT’S REPORT Supreme Court Meeting Overview ‐‐ Larry Digesti reviewed the agenda for the Court meeting. ACTION ITEMS

12/31/15 Financial Report

Marc Mersol reviewed the 2015 Financial Report. It was moved, seconded and carried to accept the 12/31/15 Financial Report. Proceeds from 600 East/Loan Payoff

The State Bar office at 600 East Charleston was sold in December 2015. The Board considered the use of funds from the sale of the 600 East building to pay down the note on 3100 West Charleston and further discussed options including using funds from either the Dues Designated Fund or the Operating Reserve to pay off the note or to carry note to term. It was moved, seconded and carried to use the funds from the sale of 600 East Charleston and funds from the Dues Designated Fund to pay off the balance due on 3100 West Charleston loan.

Proposed Changes to Fee Dispute Bylaws

Dan Waite highlighted the proposed changes to the Fee Dispute Arbitration Program and the suggested change to SCR 86(12). Upon discussion, a taskforce was formed to consider the proposed changes to the Fee Dispute Bylaws and report recommendations to the Board at the April meeting. Members of the taskforce are Paola Armeni, Paul Matteoni, Gene Leverty and Richard Pocker.

Break The meeting broke for lunch at noon for a joint meeting with the Supreme Court. The Board reconvened at 3:45 p.m.

4

Commission on Judicial Ethics Appointment

It was moved, seconded and carried to appoint Cassandra Jones to the Standing Committee on Judicial Ethics for a two year term commencing January 1, 2016. Eric Dobberstein, Paola Armeni and Richard Pocker abstained from voting.

Personal Injury Board of Specialization

Gene Leverty reviewed the applications for the Board of Personal Injury Specialization. All qualified candidates were interviewed via teleconference. It was moved, seconded and carried to appoint Michael Pintar for a two year appointment.

ABA House of Delegates

Kim Farmer presented a synopsis on the proposed resolutions that will be before the ABA House of Delegates at the ABA Midyear meeting in San Diego. The Board is asked to consider both Resolution 105 and Resolution 113 so that we may direct the state bar’s ABA Delegates as to how to vote. Resolution 105 The Commission on The Future of Legal Services seeks adoption of ABA Model Regulatory Objectives for the Provision of Legal Services by the ABA House of Delegates. The adoption of the Model would (1) create a framework to help courts assess existing regulatory framework and (2) identify and implement regulations related to legal services beyond the traditional regulation of the legal profession. Resolution 113 This Resolution from the Standing Committee on Lawyer Referral and Information Service, et.al. seeks adoption of rules establishing a new evidentiary privilege for confidential communication between a client and a lawyer referral service for the purpose of retaining a lawyer or obtaining legal advice from a lawyer. Members of the state bar’s LRIS Committee considered this Resolution. Those responding support the Resolution. It was moved, seconded and carried to support Resolution 113. The Board did not support Resolution 105.

EXECUTIVE SESSION The Board entered into Executive Session at 4:14 pm and concluded at 4:36 pm. CONSENT AGENDA Approved: Minutes of November 2015 Approved: Advertising Advisory Committees’ Annual Report APPROVED ATTORNEY RESIGNATIONS Lisa Elaine Bitten Janice Kay Dearman James Eugene Fitzgerald Nancy Killeen

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Courtney Mitchell Forest Morgan Sarah Vance Jeffrey Wilcox APPOINTMENTS Transition into Practice Mentor Approved for TIP Mentor appointment: Jeremy Alberts Steven Baker Thomas Beko Alexander Chen Brenda Erdoes

Robert Erquiaga Alan Freer Gabriel Grasso Dawn Hooker Evan James Gayle Kern Gregory Kraemer Risa Lang Christopher Pandelis James Puzey Brenda Weksler Donald H. Williams Approved for TIP Mentor reappointment: Travis Barrick Eunice Beattie Steven Don Bennion Karla Butko Adam Clarkson Sara Cope William Coulthard Sandra DiGiacomo Bryan D. Dixon Matthew Grode Dennis Gutwald Marjorie Guymon Daniel Hayward Robin Holseth

Thomas Hubert Mark Krueger Roy Nelson Jennifer P. Noble Wm. Randolph Patton Tamara Peterson (Beatty) Jeffrey Rugg Brian Rutledge Frank Spees Mark Thierman Steve Waters Charles Zumpft William Zychlewicz

Section Appointments ‐ Approved Elder Law Section Chair: Keith Tierney (reappointment) Vice Chair: Homa Woodrum Secretary/Treasurer: Nancy Solinger

6

Construction Law Section Chair: Casey Quinn Vice Chair: Carolyn Renner Secretary: Eva Segerblom Treasurer: Michael Wadley Entertainment Law Section Chair: Matthew Pruitt Vice Chair: Howard Siegel Secretary: David Kahn Treasurer: Russell Christian Advertising Advisory Committee Approved: Michael Lowry, Chair One‐year term, effective March 2016. Clients’ Security Fund Approved: Janet Pancoast, Chair One‐year term, effective February 2016. Harvey Gruber, Vice Chair One‐year term, effective February 2016. Courtney Leverty, Attorney Member Three‐year term, effective March 2016. Jason Stoffel, Attorney Member Three‐year term, effective retroactively to November 2015. Fee Dispute Arbitration Approved for a three year term commencing January 2016: Maya Clark James Murphy There being no further business before the Board, the meeting was adjourned at 4:50 pm.

M EM ORA N DU M


From: Shelley Young, Legal Administrator

cc: Kimberly Farmer, Executive Director

Date: March 24, 2016

Re: Applications for Resignation

Attached are copies of the Applications for Resignation filed by the following attorneys:

NAME STATUS: Active or Inactive

OUT OF STATE AGE

1. 1. Kelley A. Alexander Inactive Yes – Arizona 48 2. 2. Gregory S. Como Active Yes – Arizona 52 3. 3. James H. Davenport Active Yes – Washington 67 4. 4. Justin C. Denham Inactive Yes - Oregon 36 5. 5. David R. Ford Active No 67 6. 6. Mitchell E. Grodman Inactive Yes – Florida 53 7. 7. Karen E. Heggie Inactive Yes – California 64 8. 8. Gary A. Hengstler Inactive Yes - Tennessee 69 9. 9. Stacy L. Luedtke Inactive Yes – Illinois 39 10. 10. Colleen F. McMullen Inactive Yes - Utah 61 11. 11. James M.O. Miller Inactive Yes – Canada (Ottawa, ON) 37 12. 12. Rachelle J. Nicolle Inactive No 61 13. 13. Rocky N. Unruh Active Yes, California 63 14. 14. Bryan W. Wagner Inactive No 61 15. 15. Amanda Willis Inactive Yes – Texas 33 16. 16. Eric Willis Inactive Yes - Texas 32

SCR 98(5)(a) provides that any member of the State Bar who is not actively engaged in the practice of law in this state, upon written application on a form approved by the state bar, may resign from membership in the state bar if the member: (1) has no discipline, fee dispute arbitration, or clients' security fund matters pending and (2) is current on all membership fee payments and other financial commitments relating to the member's practice of law in Nevada. Such resignation shall become effective when filed with the state bar, accepted by the Board of Governors and approved by the Supreme Court.

Pursuant to Exhibits A - C of the respective applications, each applicant above meets the requirements of the Rule and has no discipline, fee dispute , clients' security fund, or administrative matters pending. Exhibit D demonstrates SCR 115 compliance . As the Rule states, resignations shall become effective only after acceptance by the Board of Governors and approval by the Supreme Court. If the application is approved, the Office of Bar Counsel will file the appropriate petition with the Supreme Court. C:\Users\syoung\Desktop\Resignations\April 2016\Resignations Memo - April 2016 BOG Meeting.rtf

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: Section Appointments The Elder Law Section is requesting that Cary Colt Payne be appointed to the office of Secretary/Treasurer for a one year term ending December 2016: The Treasurer of the Solo & Small Practice Section resigned his position and the Section is requesting that Jenny Hubach, who currently serves as the Section Secretary, also be appointed to serve as Treasurer for the balance of the term ending October 2016.

T0: Board of Governors FROM: Lori Wolk DATE: April 13, 2016 RE: LRIS Committee Reappointments It is requested that the Board of Governors reappoint the following Committee members to three year terms, ending June 2019: Lance Hendron, LRIS Committee Chair Russell Christian Melissa Ingleby

LRIS Committee Members

1 3/28/2016

The LRIS Committee consists of a minimum of five (5) and a maximum of twelve (12) attorneys.

NAME ORIGINAL APPT. DATE

DATE TERM

EXPIRES

FIRM CONTACT INFORMATION YEARS IN PRACTICE

AREA OF PRACTICE ON LRIS SERVICE

Lance Hendron, Chair

April 2010 June 2016 Lance J. Hendron Attorney at Law, LLC

625 S. 8th St. Las Vegas NV 89101

Phone: 702-387 – 6156

[email protected]

8 Civil Litigation Criminal Law Family Law

Water Rights Law

Yes

Katherine Provost, Vice Chair

June 2012 June 2018 Dickerson Law Group

1745 Village Center Circle Las Vegas, NV 89134 702-388-8600

[email protected]

13 Family Law No

Gerald Welt October 2002 June 2018 Gerald M. Welt, Chtd.

703 S. 8th St. Las Vegas, NV 89101 702-250-6711 [email protected]

43 Estate Planning Social Security Workers’ Compensation

Yes

M. Nelson Segel

June 2000 June 2018 M. Nelson Segel, Chtd.

624 S. 9th St. Las Vegas, NV 89101 702-385-5266 [email protected]

35 Alternative Dispute Resolution Securities Bankruptcy

Personal Injury

Yes

Layke Martin February 2013 June 2016

William S. Boyd School of Law

4505 Maryland Pkwy Las Vegas, NV 89154-1003 702-895-2425 [email protected]

9 Associate Dean No

Russell Christian

July 2013 June 2016 Atkin Winner & Sherrod

1117 S. Rancho Blvd. Las Vegas, NV 89102 702-243-7000 [email protected]

6 Premises Liability, Products Liability, Automobile Defense

No

Melissa Ingleby November 2013 June 2016 Leah Martin Law 6671 S. Las Vegas Blvd. Ste D-210 Las Vegas, NV 89119 702-765-0976 [email protected]

4 Bankruptcy, Loan Modification, Civil Litigation, Family Law, Personal Injury

No








LRIS Committee Members

2 3/28/2016


DATE TERM

EXPIRES

FIRM CONTACT INFORMATION YEARS IN PRACTICE

AREA OF PRACTICE ON LRIS SERVICE

Jimmy Howard September 2014 June 2017 The Howard Law Firm

1835 Village Center Circle Las Vegas, NV 89134 702-385-5533 [email protected]

24 Personal Injury, Products Liability, Wrongful Death Medical Malpractice

Yes

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The Fee Dispute Arbitration Committee respectfully submits the following names to the Board of Governors for a three‐year appointment to the Fee Dispute Arbitration Committee (Applications attached). The nominees have been contacted and are recommended to serve as Fee Dispute members. Name Regional

Panel Effective Date Other Committees, Boards, Panels,

& Organizations

Jill Greiner Reno April 2016 ADR & Administrative Law Section Kathryn Newman LVC April 2016 n/a Sadiq Patankar (layperson) Reno April 2016 US Air Force Auxiliary / Sierra Military

Hospitality Services

State Bar of Nevada

Committee Application

Application Type: I am an attorney applicant

Name: Jill Greiner

Bar number: 4276

Date admitted to State Bar of Nevada: 1991

If admitted to other jurisdictions, please list state and year of admission:

California 1990

Name of Committee appointments you seek:

Fee Dispute

Political Party (Permanent Member - Commission on Judicial Selection):

Employer:

Self-Employed-Contract Hearing Officer/Mediator for Government Agencies

4790 Caughlin Parkway. #120

Email Address: [email protected]

Phone Number: 7753228443

Do you have any disciplinary matters pending? No

If you have disciplinary matters pending, please explain:

Have you ever had a finding of discipline - public or private - in this or in any other jurisdiction?

No

If you have had a finding of discipline, please explain:

List any State Bar sections of which you are a member:

State Bar of Nevada


ADR SectionAdministrative Law Section

List pro bono activities including organizations and pro bono hours:

Northern Nevada Disciplinary Board (Attorney Member)-10 to 15 hrs per yearBoard member of CASA (Court Appointed Special Advocate)

Fields in which you practice:

My practice is as follows: Settlement Judge, Nevada Supreme Court, Hearing Officer for the City ofReno, Nevada State Board of Medial Examiners and Nevada State Board of Osteopathic Medicine,mediator for the Department of Business and Industry, Real Estate Division, State of Nevada and theUnited States EEOC, and Judge for the Inter-Tribal Court of Appeals.

Please provide a brief statement indicating why you wish to serve on this committee and whatyou can contribute.

I have extensive experience in ADR, and I would like to assist in the resolution of these types ofdisputes. I enjoy pro-bono and panel work, and my position on the Northern Nevada Disciplinary Boardwill expire soon.

I do hereby waive any confidentiality and consent to disclosure to the Board of Governors andthe Chair of the particular committee(s) of all discipline files and records in jurisdictions where Iam or have been admitted to practice regarding any complaints filed against me, open or closed,pending or resolved for the limited purpose of considering my application in this appointmentprocess. Yes

I hereby acknowledge receipt of the State Bar of Nevada Conflict of Interest Policy and I agree toabide by its terms during the tenure of my appointment. No

I request an advisory opinion to or a waiver from the conflict of interest policy. No

Powered by TCPDF (www.tcpdf.org)

http://www.tcpdf.org

Jill I. Greiner, Esq. 4790 Caughlin Parkway #120, Reno, Nevada 89519

775.322.8443 [email protected]

www.jillgreinermediation.com

PROFESSIONAL SUMMARY

Experienced administrative hearing officer, mediator, arbitrator and attorney Licensed to practice law in the State of Nevada and the State of California

EXPERIENCE SETTLEMENT JUDGE 2007-Present Nevada Supreme Court Settlement Conference Program Appointed by the Nevada Supreme Court to conduct settlement conferences for civil appeals pending before the Nevada Supreme Court HEARING OFFICER 2007-Present Nevada State Board of Medical Examiners

Preside over disciplinary administrative hearings; draft orders, synopsis, findings, and conclusions

HEARING OFFICER 2013-Present Nevada State Board of Osteopathic Medicine

Preside over disciplinary administrative hearings; draft orders, findings, and recommendations for Board review

ADMINISTRATIVE HEARING OFFICER 2015-Present City of Reno Preside over administrative hearings for the City of Reno, including business licensing, building permits and code enforcement appeals INDEPENDENT CONTRACT MEDIATOR 2014-Present Department of Business and Industry, Real Estate Division, State of Nevada Mediation of common interest community disputes MEDIATOR 2009-Present United States Equal Employment Opportunity Commission (EEOC) Mediation of employment discrimination, civil rights claims and sexual discrimination claims APPELLATE COURT JUSTICE 2007-Present Inter-Tribal Court of Appeals (ITCA) Preside over criminal and civil appeals before the ITCA; draft orders and decisions HEARING OFFICER 2012-2014 Nevada Department of Administration, Division of Human Resource Management Presided over appeals of disciplinary actions of state permanent classified employees ARBITRATOR 2006-2012 Court Annexed Arbitration Program, Second Judicial District Court Conducted arbitration hearings and drafted arbitration awards for civil cases ADMINISTRATIVE ENFORCEMENT CODE HEARING OFFICER 2010-2014 Washoe County Presided over Washoe County Code Enforcement appeals MEDIATOR 2009-2011 State of Nevada Foreclosure Mediation Program Mediation of foreclosure proceeedings

DUE PROCESS HEARING OFFICER 1998 - 2007 Nevada Department of Education and Douglas, Clark, and Washoe County School Districts

Presided over administrative hearings pursuant to the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973

ASSOCIATE TRIBAL JUDGE 2002 - 2006 Reno-Sparks Indian Colony Presided over civil, criminal and administrative cases PRIVATE PRACTICE 1996 - 2004

Legal representation in criminal and civil matters in State and Federal District Court

APPELLATE LEGAL DEFENDER 1996 - 2002 City of Reno

Appointed by the Reno Municipal Court to represent indigents in their criminal appeals to Washoe County District Court

DEPUTY CITY ATTORNEY, RENO 1992 - 1996 Criminal and Civil Divisions Drafted pleadings and litigated in Reno Municipal Court and Washoe County District Court DEPUTY DISTRICT ATTORNEY, WASHOE COUNTY 1991 - 1992 Civil Division Drafted pleadings and litigated in Washoe County District Court JUDICIAL CLERK 1991 The Honorable Judge James Stone, Washoe County District Court Conducted legal research, drafted proposed decisions and orders JUDICIAL CLERK 1989 - 1990 The Honorable Justice John Code Mowbray, Nevada Supreme Court Conducted legal research, drafted legal memorandums and proposed decisions

COMMUNITY INVOLVEMENT Commissioner, Nevada State Board of Post-Secondary Education 2015 - Present Commissioner, Nevada Indian Commission, State of Nevada 2013 - 2015 Board member, Washoe Court Appointed Special Advocates (CASA) Foundation 2015 - Present Nevada Dispute Resolution Coalition 2015 - Present Alternative Dispute Resolution Section, State Bar of Nevada 2012 - Present Northern Nevada Disciplinary Board, State Bar of Nevada 2006 - Present Northern Nevada Women Lawyers Association 1996 - Present

SUMMARY OF PAST COMMUNITY INVOLVEMENT Intern, Connecticut Law Revision Commission and Connecticut Attorney General’s Office; Executive Board Member, Retired and Senior Volunteer Program (RSVP); Court Appointed Special Advocate (CASA); Santa Clara University School of Law: Peer Advisor Program Coordinator, Policies and Programs Committee and Faculty Appointments Committee.

SPECIALIZED TRAINING

HARVARD UNIVERSITY SCHOOL OF LAW: Civil Mediation Seminar NATIONAL JUDICIAL COLLEGE: Civil Mediation, Handling Domestic Violence Cases,

Essential Skills for Tribal Appellate Judges, Essential Skills for Tribal Court Judges ABA SECTION OF DISPUTE RESOLUTION: Advanced Mediation and Advocacy Skills Institute EEOC MEDIATOR TRAININGS

EDUCATION

Santa Clara University School of Law. Juris Doctor, 1989. Emory Scholarship recipient University of California, Berkeley, Bachelor of Arts, Social Science, 1985

State Bar of Nevada


Application Type: I am an attorney applicant

Name: Kathryn Newman

Bar number: 13733

Date admitted to State Bar of Nevada: 6/1/2015


Arizona - 1999; Illinois - 2002


Fee Dispute, Lawyer Referral and Information Service

Political Party (Permanent Member - Commission on Judicial Selection):

Employer:

US Attorney's Office

333 S Las Vegas BlvdSuite 5000Las Vegas, NV 89101


Phone Number: 702-388-6583

Do you have any disciplinary matters pending? No



No


State Bar of Nevada



None


None. My employment prohibits pro bono representation.


Criminal Law.


I'm interested in serving on either the Fee Dispute or the Referral committee. I have been looking foropportunities to serve on a bar commitee in order to become more active in the bar and to contribute toour community.

My experience as a trial attorney and previous ADR experience will be useful in assisting to resolve feedisputes. My experiences working in Goverment and in other pro bono capacities in the past will beuseful in assisting in the Attorney Referral process.

I do hereby waive any confidentiality and consent to disclosure to the Board of Governors andthe Chair of the particular committee(s) of all discipline files and records in jurisdictions where Iam or have been admitted to practice regarding any complaints filed against me, open or closed,pending or resolved for the limited purpose of considering my application in this appointmentprocess. Yes

I hereby acknowledge receipt of the State Bar of Nevada Conflict of Interest Policy and I agree toabide by its terms during the tenure of my appointment. Yes




KATHRYN CECILIA NEWMAN 9812 Aspen Grove Place, Las Vegas, Nevada 89134 (312) 771-7308

[email protected] U.S. ATTORNEY=S OFFICE, DISTRICT OF NEVADA LAS VEGAS, NV Criminal Assistant U.S. Attorney 2009 – Present

$ Prosecuted variety of white collar crimes, including tax evasion, mortgage fraud, embezzlement, securities fraud, health care fraud, and environmental crimes. Managed and directed associated grand jury investigations.

$ Successfully first-chaired over ten jury trials and second-chaired another ten jury trials. Successfully argued and defended Ninth Circuit appeal.

$ Office representative to District Local Criminal Rule Committee. $ Faculty member at US Forestry and US Fish and Wildlife Annual Conference and Training. $ Nominated for Director’s Award in 2012 for work on mortgage fraud initiative.

JENNER & BLOCK LLP CHICAGO, IL Commercial Litigation Associate 2005-2009

$ Represented clients in commercial class actions, securities class actions and criminal investigations, and federal habeas corpus appeals.

$ First-chaired criminal bench trial in Illinois State Court. First-chaired mediation arising from government contract dispute. Argued Seventh Circuit habeas appeal.

$ Drafted substantive pleadings, discovery motions including motions to dismiss, motions in limine and summary judgment motions. Prepared witnesses and took and defended over thirty depositions and fifty employee interviews in connection with internal investigations. Designed and implemented over twenty significant paper and electronic document collections. Worked closely with clients and e-discovery experts to develop and implement collection and retention strategy.

DEPAUL UNIVERSITY LAW SCHOOL CHICAGO, IL Adjunct Professor, Legal Research and Writing 2009

$ Taught two sections of Advanced Legal Research and Writing. Designed exercises from experiences in practice.

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP CHICAGO, IL Ligation Associate - Securities Litigation 2002-2004

$ Second-chaired securities arbitration. Took direct and cross examination in several securities class action arbitrations and federal trials, took and defended depositions, drafted dispositive motions and Wells submissions, supervised large document production, administered settlements, selected, retained and worked with experts, and supervised junior associates.

LEWIS & ROCA LLC PHOENIX, AZ Commercial Litigation Associate 1999-2002

$ Took and defended depositions, drafted discovery motions, conducted large document reviews, negotiated settlements, made numerous appearances in court and administrative proceedings, worked with expert witnesses, and independently managed numerous matters.

Admitted in Nevada, Arizona and Illinois

EDUCATION GEORGETOWN UNIVERSITY LAW CENTER WASHINGTON, DC Juris Doctor, 1999 GPA 10.15/12.0 Dean=s List 1997-1999 Executive Editor, The State and Local Tax Lawyer, 1998-1999 GEORGETOWN UNIVERSITY WASHINGTON, DC Bachelor of Arts, Government 1995 GPA 3.49/4.00 Varsity Women=s Crew, 1992-1995

SELECT PUBLICATIONS AND SPEAKING ENGAGEMENTS ACourts Rule Consumers Cannot Challenge Arbitration Clauses Until They Are Invoked,@ Bloomberg Corporate Law Journal, Vol. 2, Issue 1, Winter 2007. ALitigation 210: Drafting Interrogatories,@ ABA Young Lawyers= Division Series, December 2006. ACircuits Split On A Court=s Authority to Compel Arbitration in Other Districts,@ Bloomberg Law Reports, Vol 2, No. 1., January/February 2006. Panelist, Illinois State Bar Association, AABC of Legal Practice - Landlord Tenant Law,@ March 2008. Panelist, Chicago Bar Association, ASecurities Class Actions,@ October 2007.

SERVICE TO THE BAR AND COMMUNITY

JUNIOR LEAGUE OF LAS VEGAS Member, Lift #150 Group Project, 2014 to present AMERICAN BAR ASSOCIATION Co-Chair, Pro Bono Subcommittee, Trial Section, Litigation Committee, 2006-2008. CHICAGO BAR ASSOCIATION Chair, Vice Chair, and Seminar Coordinator, Class Action Section, 2007-2009. Seminar Coordinator, Class Action Section, 2006-2007. CORPORATE COUNSEL COMMITTEE Illinois State Membership Liaison.

AWARDS

Chicago Volunteer Legal Services, Distinguished Service Award, 2006 Nominee, Director’s Award, Department of Justice, 2011

State Bar of Nevada


Application Type: I am a non-attorney applicant

Name: Sadiq Patankar

Bar number: N/A

Date admitted to State Bar of Nevada: N/A


N/A


Clients' Security Fund, Fee Dispute

Political Party (Permanent Member - Commission on Judicial Selection): Republican

Employer:

Self- Freelance Business Consultant

2300 Dickerson Road #36Reno, NV 89503.


Phone Number: (775) 376-8095

Do you have any disciplinary matters pending? N/A (non-attorney applicant)


N/A


N/A (non-attorney applicant)


N/A

State Bar of Nevada



N/A


US Air Force Auxiliary - Civil Air PatrolSierra Military Hospitality ServicesWashoe County Republican Party


Business ConsultantCourt Appointed Fiduciary


Please see attached introduction letter.

I do hereby waive any confidentiality and consent to disclosure to the Board of Governors andthe Chair of the particular committee(s) of all discipline files and records in jurisdictions where Iam or have been admitted to practice regarding any complaints filed against me, open or closed,pending or resolved for the limited purpose of considering my application in this appointmentprocess. N/A (non-attorney applicant)

I hereby acknowledge receipt of the State Bar of Nevada Conflict of Interest Policy and I agree toabide by its terms during the tenure of my appointment. No


N/A



Mail: 2300 Dickerson Road, # B-36, Reno, Nevada 89503, USA.

Sadiq Patankar MBA Phone: + (775) 376-8095

E-mail: [email protected]

Subject: Introduction of Major Sadiq Patankar: My name is Sadiq Patankar. My formal education includes Master in Business Administration degree from the University of Wales – Trinity Saint David in the United Kingdom of Great Britain. I am energetic, self-motivated and goal oriented individual with strong desire to succeed. I have over two decades of experience to offer that includes military, government, judicial, education and business organizations. I have proven track record of improving efficiency and profitability. I have tackled an assortment of demanding business issues including regulatory compliance needing legal remedies. You will find that I bring unique combination of business and life experience. I am U.S. Army veteran with honorable discharge from active duty in the regular Army. I am Major in U.S. Air Force Auxiliary – Civil Air Patrol. I am Director of Finance for the Nevada Wing of the Civil Air Patrol. I am winner of 2015 National Director of Finance of the year award. I served as a Court Appointed Fiduciary for Second Judicial District Court of the State of Nevada. I served as a Court Appointed Specialist for the US Bankruptcy Court. I am serving on the governing board of a community media startup venture since its formation. In these roles I provide leadership advice, diversity of perspective and guidance to add value. I participate in operational, administrative, tactical and strategic management. My life experiences combined with analytical skills gained through assortment of roles equip me for management of complex projects. I am committed to serve all stakeholders with integrity, transparency, due diligence and good judgment as well as confidence to stand up for an independent point of view to ensure organization is run legally and ethically. To further discuss how I can help; please feel free to call me or e-mail me. I would be pleased to discuss any potential situations where my experiences, skills and passion may have positive impact. I hope you will give me an opportunity to prove my competency. For now, I thank you in advance for your time and consideration. I look forward to our discussions and further communication. Respectfully, Sadiq Patankar

MEMORANDUM To: Board of Governors From: Theresa Freeman, Advertising Committee Manager Date: April 1, 2016 Re: Advertising Advisory Committee Reappointments The Southern Advertising Advisory Committee respectfully requests the Board of Governors reappoint the following members to the Committee: Chet Glover Two-year term, effective July 2016.

Farhan Naqvi Two-year term, effective July 2016. The Northern Advertising Advisory Committee respectfully requests the Board of Governors reappoint the following members to the Committee: James I. Barnes (Chair) One-year term, effective June 2016. Adam Hosmer-Henner Two-year term, effective July 2016.

Bryce Rader Two-year term, effective April 2016. Walter Sullivan’s term on the Southern Advertising Advisory Committee is set to expire on April 7, 2016. Mr. Sullivan has not attended an advertising meeting in the past 2 years. His reappointment to the Committee will not be renewed due to lack of attendance at meetings. Carrie Parker of the Northern Advertising Advisory Committee has stepped down effective March 2, 2016, due to work and family obligations, and William Schuller has stepped down from the Southern Advertising Advisory Committee effective March 18, 2016, due to his current employment workload. Therefore, an announcement will be disseminated to the membership to recruit new members to fill two vacancies on the Southern Advertising Committee and one vacancy on the Northern Advertising Committee. A current listing of both Northern and Southern Advertising Advisory Committee members is attached.

LAWYER ADVERTISING ADVISORY COMMITTEE – SOUTH


DATE CURRENT TERM EXPIRES

MAX TERM

CONTACT INFORMATION

1. Justin Alper 08/01/2013 08/01/2017 2025 Spacefinders Realty, Inc. 3535 Executive Terminal Drive, #300 Henderson, NV 89052 702-361-2100 [email protected]

2. Bennair R. Bateman 11/01/2012 11/01/2016 2024 Eric Palacios & Associates 2050 S. Eastern Ave. Las Vegas, NV 89104 702-444-7777 [email protected]

3. Mark Coburn 08/01/2013 08/01/2017 2025 Law Office of Mark T. Coburn 732 South 6th Street, #100 Las Vegas, NV 89117 702-340-0446 [email protected]

4. Chet Glover

07/01/2010 07/01/2018 2022 Smith Larson & Wixom Hills Center Business Park 1935 Village Center Circle Las Vegas, NV 89134 702-252-5002 [email protected]

5. Daniel Heidtke 01/01/2016 01/01/2018 2028 Duane Morris LLP 100 N. City Parkway, Ste. 1560 Las Vegas, NV 89106 702-868-2605 [email protected]

6. Shoshana Kunin-Leavitt 10/01/2013 10/01/2017 2025 Kunin & Carman 3551 E. Bonanza Rd., #110 Las Vegas, NV 89110 702-438-8060 [email protected] ; [email protected]

7. Tom Letizia – Lay Member 01/01/2016 01/01/2018 2028 The Letizia Agency 410 S. Rampart, Ste. 390 Las Vegas, NV 89145 702-545-8777 [email protected]

8. Michael Lowry (Chair) 03/01/2008 03/01/2017 2020 Thorndal Armstrong PO Box 2070 Las Vegas, NV 89125 702-366-0622 [email protected]

1










9. Farhan Naqvi

07/01/2012 07/01/2018 2024 Naqvi Injury Law 9500 W. Flamingo Road, Suite 104 Las Vegas, NV 89147 Main: 702-553-1000 Direct: 702-754-1515 [email protected] Asst: Janae Page [email protected]

10. Donald Paradiso 01/01/2016 01/01/2018 2028 Rosen Law Offices, P.C. 1212 S. Casino Center Blvd. Las Vegas, NV 89104 702-476-5101 [email protected]

11. Taylor Randolph

12/01/2011 12/01/2017 2023 Randolph Law Firm, P.C. 2045 Village Center Circle, Suite 100 Las Vegas, NV 89134 702-877-1313 [email protected] ; [email protected]

12. Dirk Ravenholt

09/01/2007 11/01/2017 2019 Ravenholt & Associates 2013 Alta Drive Las Vegas, NV 89106 702-647-0110 [email protected]

13. Eduardo San Miguel

09/01/2007 11/01/2017 2019 Eduardo G. San Miguel Atty at Law 700 S. Third Street Las Vegas, NV 89101 702-385-2360 [email protected]

14. Joseph Wirth

06/05/2009 06/05/2017 2021 Mainor Wirth, LLP 1215 S. Ft. Apache Rd., Suite 120 Las Vegas, NV 89117 702-464-5000 [email protected]

15. Homa Woodrum 01/01/2016 01/01/2018 2028 Woodrum Law LLC 3470 E. Russell Rd., Ste. 212A Las Vegas, NV 89120 702-825-3483 [email protected]

BOG Liaison: Kimberly Buchanan [email protected] List Updated April 2016

2











LAWYER ADVERTISING ADVISORY COMMITTEE – NORTH NAME ORIGINAL

APPT. DATE

DATE TERM EXPIRES

MAX TERM

CONTACT INFORMATION

1 Dane Anderson 10/26/2010 10/26/2016 2028 Woodburn & Wedge 6100 Neil Road, Suite 500 Reno, NV 89511 775-688-3000 [email protected]

2 James I. Barnes, III (Chair)

06/15/2009 06/15/2017 2021 12525 Clearwater Drive Reno, NV 89511 775-851-1282 [email protected]

3 Walter Fey

09/01/2007 11/01/2017 2019 Law Office of Walter Fey 247 Court Street Reno, NV 89501 775-329-1101 [email protected]

4 Adam Hosmer-Henner 7/1/2014 7/1/2018 2026 McDonald Carano Wilson, LLP 100 West Liberty Street, 10 Floor Reno, NV 89511 775-788-2000 [email protected]

5 Alicia Johnson 8/1/2013 8/1/2017 2025 Johnson Law Practice, PLLC 3895 Warren Way Reno, NV 89509 775-737-9927 [email protected]

6 Linda J. Linton, Esq. 11/5/2012 11/5/2016 2024 Linton & Associates, P.C. 6900 S. McCarran Blvd., Suite 2040 Reno, NV 89509 775-333-0881 [email protected]

7 Laury Macauley 11/5/2012 11/5/2016 2024 Macauley Law Group, a PC 401 Ryland St., Ste. 137 Reno, Nevada 89502 775-323-1510 [email protected]

8 Bryce L. Rader

4/7/2014 4/7/2018 2026 Anderson Dorn & Rader

500 Damonte Ranch Pkwy., Suite 860 Reno, NV 89521 775-823-9455 [email protected]

9 Hal Taylor

06/15/2009 06/15/2017 4 of 6 Hal Taylor Atty at Law 223 Marsh Ave. Reno, NV 89509 775-825-2223 [email protected]










10 Sheila Van Duyne 12/7/2010 12/7/2016 3 of 6 Van Duyne Law Group 510 West Plumb Lane, Suite B Reno, NV 89509 775-345-3402 [email protected]

BOG Liaison: Kimberly Buchanan [email protected] List Updated Apr 2016



MEMORANDUM To: Board of Governors From: Stephanie Hirsch, Assistant Director, CLE Date: March 31, 2016 Re: Continuing Legal Education Committee Appointments The following CLE Committee members’ current term will expire May 2016. The committee respectfully submits their names to the Board of Governors for a new three-year term appointment. Name Effective Date Area(s) of Practice Ken D’Alessandro June 2016 Intellectual Property Melanie Muldowney June 2016 Insurance Defense, Real Estate, Civil

Litigation Heidi Stern June 2016 Appellate Litigation, Commercial Litigation

Jeremy Alberts term also expires in May however, he is unable to commit to another 3-year term. As of June 1, 2016 there will be one available position on the CLE Committee. During the February 4, 2016 meeting, the CLE Committee voted to retain the current Chair and Vice Chair and respectfully submits their names to the Board of Governors for a one-year term appointment: Name Effective Date Position Andrew Mierins June 2016 Chair Melanie Muldowney June 2016 Vice Chair

A list of committee members is attached.

CLE Committee Members

All terms commence on June 1 and end on May 31 of the year noted. Effective: June 2015

BOG Liaison: Eric Dobberstein CLE Dept. Staff: Stephanie Hirsch and Marchelle Hedrick

Name YR Appointed Current Term

Max Term Firm Contact Area(s) of Practice

1 Andrew Mierins Committee Chair

2009 2018 (2016) 2018 Fourth Judicial District Court [email protected]

Hearing Master 775‐738‐1551

2 Melanie Muldowney Vice‐Chair

2010 2016 (2016) 2019 Gannon and Associates [email protected] Insurance Defense, Real

Estate, Civil Litigation 702‐726‐3346

3 Jeremy Alberts 2013 2016 2022 Weinberg, Wheeler, Hudgins, Gunn, & Dial, LLC

[email protected] Civil Litigation

702‐938‐3838

4 Jack Burden 2012 2018 2021 Backus, Carranza & Burden [email protected] Civil Litigation, General

Liability, Product Liability 702‐872‐5555

5 John Calvert 2009 2018 2018 Calvert & Hubach [email protected]

Criminal Defense 775‐250‐6259

6 Ken D'Alessandro 2010 2016 2019 Leech Tishman Fuscaldo & Lampl

[email protected] Property

412‐261‐1600

7 Kevin Diamond 2015 2018 2024 Thorndal, Armstrong, Delk, Balkenbush & Eisinger

[email protected] Civil Litigation, Insurance Def., Product Liability, ADR 702‐366‐0622

8 Micah Echols 2009 2018 2018 Marquis Aurbach Coffing [email protected] Civil Appeals, Construction,

Real Estate and Employment 702‐382‐0711

9 Jennifer Gaynor 2009 2018 2018 Dickinson Wright jgaynor@dickinson‐wright.com

Gaming, Administrative 702‐550‐4462

10 Arun Gupta 2012 2018 2021 Gupta Law Firm [email protected] Bankruptcy, Foreclosure

Mediation 702‐437‐5342

11 Krissta Kirschenheiter

2014 2017 2023 Nevada Legal Services [email protected] Civil Litigation, Family,

Bankruptcy, Immigration 702‐386‐0404

12 Pamela Lawson 2015 2018 2024 Law Offices of Pamela R. Lawson [email protected] Business Litigation, Family,

Estate and Probate 702‐562‐4058

13 Adam Pernsteiner 2012 2018 2021 Lewis Brisbois Bisgaard & Smith [email protected] Insurance, Commercial Lit.,

Professional Liability, Appeal 702‐893‐3383

14 Heidi Parry Stern 2013 2016 2022 Reisman Sorokac [email protected] Appellate Litigation,

Commercial Litigation 702‐727‐6258

15 Rene Valladares 2014 2017 2023 Federal Public Defenders Office [email protected]

Criminal 702‐388‐6577

Christine Smith Ex Officio William S. Boyd School of Law

[email protected] Dean

702‐895‐1872

STATE BAR OF NEVADA

3100 W. Char l e s ton B lvd . , Su i t e 100 Las Vegas , NV 89102 Phone 702 .382 .2200 Fax 702 .385 .2878

9456 Double R Blvd., Ste. B Reno, NV 89521-5977 Phone 775.329.4100 Fax 775.329.0522

MEMORANDUM

To: State Bar of Nevada Board of Governors From: Angela Washington, Access to Justice Director Date: April 1, 2016 Re: Access to Justice Commission Report Below are updates and upcoming initiatives of the Access to Justice Department:

Access to Justice Commission Meeting The Access to Justice Commission met on Friday, March 11, 2016 at which time the Community Reinvestment Act was discussed in relation to how incentives provided to participating IOLTA financial institutions in Nevada could be used to support the IOLTA Program in Nevada. Also, progress on the Statewide Service Delivery Plan was discussed. Legal aid organizations in Nevada have contributed to this plan through discussions and input over the last two years; the plan will serve as the blueprint for legal service delivery among the coalition of participating legal service providers. Participating legal service providers will review drafts of the plan and thereafter the plan will be presented to the larger Commission. The goal is to have a completed plan this year. Lastly, the Commission welcomed a presentation by Buck Lewis, an ambassador for the National Pro Bono Online project. The National Pro Bono Online project is an online legal services program whereby those seeking legal assistance can log on and ask questions of pro bono attorneys from their particular state. The program has been adopted by approximately forty states. Mr. Lewis described the program, the number of states involved in the program and welcomed questions of Nevada’s Access to Justice Commission members. A subcommittee has been established to examine the program further. ONE Promise Nevada Campaign

The 2015 ONE Promise Nevada Campaign saw an increase of 16% participation compared to participation in 2014 with more than 1,600 attorneys volunteering to take one pro bono case or take one legal clinic last year. The established 2015 goal was 10% increase. The ONE Campaign was launched in 2013 by the Access to Justice Commission and the State Bar of Nevada with the goal of increasing pro bono participation in the state. At this year’s Ely Family Law Conference, Justice Michael Douglas, on behalf of the Access to Justice Commission, acknowledged four attorneys for their outstanding pro bono work in 2015 through the ONE Campaign. The awardees were: Kimberly Surratt of the Surratt Law Practice, P.C. in northern Nevada; Kelly C. Brown, of Kelly C. Brown, PLLC in eastern Nevada; Corinne Price of The Fine and Price Law Group in southern Nevada and Natalia Vander Laan of Vander Laan Law Firm, LLC in western Nevada. Lastly, the ONE

STATE BAR OF NEVADA



Campaign received a donation of $11,500 from the State Bar of Nevada Family Law Practice Section at the 2016 Ely Family Law Conference.

STATE BAR OF NEVADA



Juvenile Justice Taskforce

The Juvenile Justice Taskforce met on March 16, 2016 and discussed a working list of individuals who are versed in juvenile justice and who regularly work with matters associated with juvenile justice. Those individuals will be contacted to contribute to a resource bank being compiled by the State Bar of Nevada. The Taskforce is scheduled to meet again on April 8, 2016.

2016 JACKRABBIT BAR CONFERENCE June 2‐June 4, 2016

Resort at Squaw Creek, Lake Tahoe Registration Form

Name_______________________________________Name on Badge__________________________

Title_______________________________________________________________________________

Firm Name__________________________________________________________________________

Address_____________________________________________________________________________

City________________________________State________________Zip_________________________

Phone__________________________________Email_______________________________________

Spouse/Guest Name_______________________________Name on Badge______________________

REGISTRATION

FEES PER PSERSON TOTAL

Conference Fee deadline ‐ May 2, 2016 $425.00 __________ (Includes meetings, events and meals)

Golf Registration (List handicap if known) $100.00 __________

Spouse/Guest Registration Fee‐ Name__________ $100.00 __________ (Includes social events and meals)

TOTAL DUE ___________

RETURN THIS FORM AND PAYMENT TO:

Jackrabbit Bar Conference 3100 W. Charleston Blvd. #100, Las Vegas, NV 89102

For Further Information Contact: Gale Skala, [email protected]

Phone: 702‐382‐2200 Method of Payment…secure fax line for credit cards (702) 463‐5730 __Check Cardholder Name_____________________________________ __Mastercard Acct#_______________________________________________ __Visa Ex. Date_______________________ (CSV Code)____________ __Am. Express Signature____________________________________________

MEMORANDUM To: Board of Governors From: Clients’ Security Fund Committee Date: April 11, 2016 Re: Clients’ Security Fund 2015 Annual Report Attached is the Clients’ Security Fund Annual Report for 2015, which outlines the Fund’s data from the past four years. The report demonstrates how claim amounts were down again in 2015 and how the Committee’s efforts to seek restitution to the Fund have been successful in replenishing the Fund. Also, the report provides a few highlights regarding approved claims. The Clients’ Security Fund Committee reviewed the 2015 CSF Annual Report and approved it at their semi-annual meeting on April 8, 2016. It is being presented to the Board for approval.

Clients’ Security Fund 2015 Annual Report

Fund Establishment The State Bar of Nevada’s Clients’ Security Fund (Fund) was established in 1970 to reimburse clients for losses sustained when a lawyer betrays a client's trust and misappropriates the client's funds through defalcation or other dishonest acts. As such, the Fund helps the State Bar of Nevada to fulfill several of the Bar’s enumerated purposes, including: improving the administration of justice; upholding the honor, integrity, professionalism and dignity of the profession of law; applying its knowledge and experience in the field of law to the promotion of the public good; enhancing the professional competence and ethical conduct of members of the Bar; and seeking fulfillment of the obligations of the legal profession in the courts and in the community.

To some, the Clients’ Security Fund can be seen as the Bar’s single most public relations function for the State Bar. It provides a source of recovery for those members of the public who have suffered a loss at the hands of dishonest State Bar licensees.

Supreme Court Rule 86.5(1)

“Establishment. The board of governors shall maintain, from dues paid by members of the state bar, voluntary contributions and any other sources which may become available, a clients’ security fund for the purpose of providing reimbursement, in whole or in part, as a matter of grace and not of right, to persons who have sustained loss by reason of a dishonest act of a member of the state bar, acting in his capacity as an attorney and counselor at law, in the nature of defalcation or embezzlement of money or the wrongful taking or conversion of money, property or other things of value, and shall provide for the administration of such fund. The board of governors is authorized to invest such funds as is provided for in paragraph 11 of Rule 86.”

2015 Clients’ Security Fund

Committee Members

Janet Pancoast Chair

Harvey Gruber Vice-Chair

Eva G. Cisneros Jeffrey Sloane Brigid Higgins

Miriam Rodriguez Jason Stoffel

Courtney Leverty Reed Werner Zelalem Bogale Kirk Jacobson

Clients’ Security Fund Staff

Theresa Freeman Programs Manager

[2]


Fund Overview

The Clients’ Security Fund Committee is comprised of 12 members, including two lay members, who investigate claims. The Committee meets twice a year to discuss claims and determine whether reimbursement can be made to the clients. Approved claims may be reimbursed up to $50,000 per claimant.

In order to qualify for reimbursement from the Clients’ Security Fund, there must be an act of theft which occurred within an attorney-client relationship that involves an attorney no longer practicing due to suspension, disbarment, death or incapacitation. In 2015, the Clients’ Security Fund Committee reviewed 25 such claims1, and they approved 16 claims for reimbursement totaling $339,862.65.

As demonstrated by the two charts below, the number of claims reviewed and amounts approved by the Committee vary from year to year.

1 Includes claims filed, but not resolved in previous years.

339,862.65 $385,919.30

$774,232.50

$364,330.94

$0.00$100,000.00$200,000.00$300,000.00$400,000.00$500,000.00$600,000.00$700,000.00$800,000.00$900,000.00

2015 2014 2013 2012

Claim Approval by Year

[3]

25

51

71

93

0102030405060708090

100

2015 2014 2013 2012

Claims Filed by Year


Funding

The Clients’ Security Fund receives its revenue primarily through four sources: 1) a dedicated portion of every licensed attorney’s annual dues; 2) a portion of SCR 42 pro hac vice application and licensing fees; 3) donations to the Fund; and 4) restitution from attorneys on whose behalf claims have been paid.

Additionally, the Fund continues to work with the Clark County District Attorney’s Office to pursue restitution to the Fund in cases where criminal action is taken against an attorney for theft. The Fund has worked with the Office of Bar Counsel to seek reimbursement to the Fund from suspended or disbarred attorneys as a condition of their reinstatement. As a result of these efforts, restitution payments to the Fund remain steady.

The Fund Reserve Policy dictates that the Committee maintains 50 percent of the total reserve fund balance each year. This policy has helped to insure the stability of the Fund in the case of a catastrophic claims year.

2 100% of all Fund expenditures are related to claim reimbursement. Committee and staff overhead, salaries, etc. are supported through the State Bar of Nevada. 3 Represents total reimbursements made after receiving subrogation agreements, not total amount approved ($339,862.65).

Reserve Fund Funding Amount Reserve Balance $136,952.30 2014 Carryover Balance $113,814.64

2015 TOTAL: $250,766.94

Revenue & Expenditures2 Funding Amount 2015 Annual Dues $197,500.00 2015 Pro Hac Vice Fees $ 64,868.00 2015 Restitution $ 34,934.95 2015 Donations $ 2,980.00

TOTAL: $300,282.95

Reimbursements Amount 2015 Claims Paid to Date3 ($214,443.52)

[4]


Approved Claims

Last year, the Clients’ Security Fund approved 16 claims for reimbursement related to 10 attorneys as noted in the chart below.

Highlights Include:

A finding capped at $50,000 for misappropriation of funds from a family following a settlement against a nursing home following the death of their father.

A finding against a suspended attorney for nearly $45,000. The attorney failed to provide her client with the funds from a settlement in a personal injury case.

An attorney, who subsequently died, who dispersed funds from a personal injury settlement to an estate into his personal accounts from his IOLTA account.

2015 Approved Claims Attorney Name Status Awards Approved Marina Kolias Discipline

Suspended 3 $127,956.81

Barry Levinson Discipline Suspended -

Now Deceased

3 $132,556.23

Jorge Sanchez Deceased 1 $2,274.00 C. Andrew Wariner Disbarred 2 $16,280.00 John Cereso Deceased 2 $46,150.61 James Parsa Discipline

Suspended 1 $975.00

Lynn Shoen Discipline Suspended

1 $270.00

Theodore Gamboa Deceased 1 $5,000.00 Gerry Zobrist Disbarred 1 $3,500.00 Curtis Cannon Disability

Inactive 1 $4,900.00

Total: $339,862.65

[5]


2015 Claim Breakdown

The Clients’ Security Fund received 19 claims in 2015. Claims were a mix of personal injury cases, where the attorney misappropriated clients’ settlement funds, and either bankruptcy, loan modification or divorce cases where the attorney took attorney’s fees but did no work.

Year Claims Received Attorneys Involved 2012 92 16 2013 71 20 2014 32 10 2015 19 11

Of the 19 claims received in 2015, the Committee approved five claims and denied two claims. The remaining 12 claims were received after the final Committee meeting for 2015 and are pending consideration in 2016:

The number of claims has been on a downward trend since the height of the mortgage crisis, which also coincided with a number of highly publicized issues of attorney wrong-doing that brought many more claims.

The size of the awards has increased as the number of claims has decreased.

5

2 12

2015 Claims

Approved

Denied

Pending

[6]

2015 Annual Report

3100 W. Charleston Blvd. I Ste. 100

Las Vegas I NV I 89102

www.nevadabarfoundation.org

2015 Annual Report | 2

Executive Summary

The Nevada Bar Foundation (NBF) was incorporated in 1997 as the 501(c)(3) charitable arm of the State Bar of Nevada. The

NBF was organized to support charitable giving related to access to justice and legal education programs.

In 2014, the NBF assumed management of the Interest on Lawyer Trust Accounts (IOLTA) program, including the making of

annual grants to organizations that promote access to justice through direct legal services to the poor, to victims of

domestic violence and to children protected by or in need of protection of the juvenile court. This year, in its first full year

of operation, the Nevada Bar Foundation awarded $2,813,917 in IOLTA grants.

Nevada’s legal aid community received an additional boost in funding this year. In August 2014, the U.S. Department of

Justice announced a $17 billion settlement with Bank of America related to its involvement in residential mortgage-backed

securities and other unlawful conduct that contributed to the housing/financial crisis. The settlement provided for $30

million to be distributed to every IOLTA program in the country and the territories for “foreclosure related legal assistance”

and “community redevelopment legal services.” In late-April, the Nevada Bar Foundation received its portion of the

settlement: $355,046.96. Of this amount, the Foundation distributed $227,657 in grants to legal aid providers whose

programs fulfilled this purpose.

In addition to management of the IOLTA program, the NBF supports law related education. In coordination with the State

Bar of Nevada, the Nevada Bar Foundation successfully bid to host the 2018 National High School Mock Trial Championship

in Reno, NV, bringing nearly 700 students and team coaches; upwards of 400 family members; and more than 400

volunteer judges, team coordinators and competition organizers to the “Biggest Little City in the World.”


"Never doubt that a small group of thoughtful,

committed citizens can change the world. Indeed,

it is the only thing that ever has."

--Margaret Mead

Message from President Connie Akridge Two years ago, the Nevada Bar Foundation was a somewhat dormant organization, functioning

primarily as an entity that held Federal grant funds and donations used for law related education

(LRE). During this country’s great recession, grant funding for LRE dried up, leaving the

Foundation with a nominal role in fundraising from the State Bar of Nevada annual license

renewal process. Recognizing the need to support LRE, the Nevada Bar Foundation was

reconstituted in October 2013, starting with a small, five-member Board of Trustees committed

to building the program.

In late 2014, the Nevada Bar Foundation was honored to accept management of the Interest on

Lawyer Trust Accounts (IOLTA) program, including the distribution of IOLTA grants under SCR

216. This undertaking required the Foundation to shift gears quickly and among other things,

increase the size of our Board of Trustees to 11 members. I’m proud to state that in addition to continuing our original

objective of supporting LRE by hosting the 2018 National High School Mock Trial Competition, the Nevada Bar Foundation

has ensured access to justice to thousands of low income Nevadans in need of legal assistance.

Nevada Bar Foundation Board of Trustees

Constance Akridge, President

Richard Pocker, Treasurer

Cynthia Alexander

Ann Bersi

James W. Bradshaw

Hon. Linda Gardner

Kirk Jacobson

Mark Knobel

Margaret Wightman Lambrose

Vernon (Gene) Leverty

Lori Teicher

Kimberly K. Farmer, Executive Director

Lisa Dreitzer, Deputy Executive Director

A Moment of Levity…The Nevada Bar Foundation Board of Trustees received the 2015 State Bar of Nevada Medal of Justice Award Back row (left to right): Richard Pocker, Connie Akridge, Gene Leverty, Kirk Jacobsen, Jim Bradshaw. Front row (left to right): Hon. Linda Gardner, Maggie Lambrose, Lori Teicher.


IOLTA Grant Distribution: $2,813,917 The Nevada Bar Foundation focuses its charitable giving on legal aid organizations that provide a variety of pro bono legal

services statewide.

Thanks to the support of its participating financial institutions, the Nevada Bar Foundation granted more than $2.8 million

dollars to fund the 2016 operations of Nevada’s legal service providers.

To ensure distribution of IOLTA funds by population needs, the majority of IOLTA funding is distributed to a core group of

legal aid organizations, including: Legal Aid Center of Southern Nevada, Nevada Legal Services, Southern Nevada Senior Law

Program, Volunteer Attorneys for Rural Nevada, and Washoe County Legal Services. Secondary funding is distributed to

those legal aid organizations that provide specialized services, such as domestic violence assistance and services for

juveniles.

Participating Financial Institutions

2016 IOLTA Grant Recipients

Committee to Aid Abused Women (CAAW) $28,000

Court Appointed Special Advocates (CASA) – Carson City $11,200

Court Appointed Special Advocates (CASA) – Lyon County $14,000

Court Appointed Special Advocates (CASA) – Northeastern Nevada $10,500

Court Appointed Special Advocates (CASA) – Pioneer Territory $17,514

Legal Aid Center of Southern Nevada $1,533,873

Nevada Legal Services $304,500

Nevada Rural Counties RSVP Program (RSVP) $26,600

S.A.F.E. House $12,250

Safe Nest $35,000

Southern Nevada Senior Law Program $211,892

Volunteer Attorneys for Rural Nevada $164,805

Washoe County Legal Services: General Legal Services $329,609

Washoe County Legal Services: Rural Legal Services $94,174

American First National Bank Bank of America Bank of George Bank of Nevada Bank of the West BMO Harris Bank Citibank City National Bank East West Bank Financial Horizons Credit Union First Foundation Bank First Independent Bank of Nevada First Savings Bank First Security Bank of Nevada Heritage Bank JP Morgan Chase & Co. Meadows Bank Mutual of Omaha Nevada Bank & Trust Nevada State Bank Northern Trust Bank Plaza Bank Royal Business Bank Silver State Credit Union Town and Country Bank Umpqua Bank US Bank Valley Bank of Nevada (BNLV) Wells Fargo


Client Story: A client in early stage dementia was coerced into marriage by a

much younger woman who he ‘met’ over the internet. The woman moved to the

United States and lived here long enough to marry the man before returning

home. The client faced eviction from his apartment because he had been sending

the woman half his monthly income to support her and her ‘four children.’ A pro

bono attorney obtained information which proved the woman was not who she

said she was and assisted the client to annul his marriage.

2015 IOLTA Grant Recipient Activities

The Nevada Bar Foundation distributes IOLTA grants to legal aid

organizations that provide statewide delivery of pro bono legal services,

ensuring all Nevadans in need of assistance have access to justice. This

year, 10,000 more households received services from the year prior, due

in large part to the ever increasing needs for legal services and availability

of IOLTA dollars to fund programs.

The numbers of households represented below were served with IOLTA

dollars alone (each legal service provider receives funding from multiple

sources and thus the total number of clients served is greater than

represented here). For the purpose of this report, there is one person per

household.

NEVADA COUNTIES 2015 2014

CARSON CITY 761 752

CHURCHILL 77 158

CLARK 31,331 19,701

DOUGLAS 144 124

ELKO 205 145

ESMERALDA 24 26

EUREKA 10 0

HUMBOLDT 340 296

LANDER 36 17

LINCOLN 7 16

LYON 169 250

MINERAL 331 299

NYE 89 93

PERSHING 50 74

STOREY 20 5

WASHOE 1,187 1,696

WHITE PINE 14 8

34,521 23,660

Client Story: While working as a cab driver,

a man had a heart attack during his shift. He

immediately took himself to the hospital for

treatment, without first returning his cash

pouch to his employer’s office. The cab driver

was fired and denied unemployment

benefits; the employer cited misconduct for

failing to return the pouch. A legal aid

attorney represented the driver at his

Appeals Referee hearing and the man was

awarded his unemployment benefits.

HIGHLIGHTS

MORE THAN 34,000 HOUSEHOLDS SERVED

Although the vast majority of legal services were provided in Clark and Washoe Counties, IOLTA grant funding was distributed to legal service providers who ensured pro bono representation in Nevada’s rural counties.

CLIENT SERVICES

Clients may be assisted directly through litigation or through other non-traditional means such as an Ask-a-Lawyer clinic. More than 24,000 clients were provided legal advice at self-help centers.

LEGAL MATTERS

Client legal matters run the gamut from abuse and neglect issues to assistance receiving government benefits. In 2015, majority of legal matters pertained to family law and domestic violence legal matters.


Client Story: Following allegations of abuse and neglect of

three children in northeastern Nevada, a CASA worker stepped

in to help. After the children were removed from their mother’s

home, the CASA volunteer attended parent-teacher conferences,

advocated for counseling and tutoring for the children, and

spent hours helping the kids with their homework to improve

their lack of education. The CASA volunteer advocated for the

children to be placed with their individual fathers, who visit

regularly and share time with the children to facilitate their

sibling relationship. The CASA volunteer followed through with

the transition, ensuring all three children are in a safe loving

home and are doing well in school.

Legal Matters

In Nevada, more than one million people

qualify for legal services at the 200

percent poverty measure. Ninety percent

of those people live in Clark and Washoe

Counties. IOLTA funding supports people –

whether they reside in urban or rural

areas – who are most vulnerable when

legal emergencies occur. Whether facing

eviction, emergency medical situations,

domestic violence or unscrupulous

predators who steal life savings from

unwary seniors, legal assistance from well-

trained professionals can be literally the

difference between life and death.

The nature of the types of services provided from year to year can vary and is often dependent on factors such as current

economic conditions and availability of funding for dedicated programs. For example, representation for domestic violence

issues has remained consistent – largely due to the services provided by two legal service providers, Safe Nest and Safe

House,whose legal service programs concentrate on this limited issue. Alternatively, representation in family law and

housing matters increased significantly in 2015 due to availability of IOLTA funding as well as other sources of revenue for

providers such as Legal Aid Center of Southern Nevada and Nevada Legal Services.

791

1,167

199

3,244

859

2,470

8,842

8,461

342

7,505

407

6,128

1,273

1,349

2014

2015

Real Property

Housing

Family Law

Domestic Violence

Consumer Finance

Civil Litigation

Abused/NeglectedChildren

Assisting a client with significant deficits in cognitive

function who was the victim of federal tax identity

theft.

Filing an appeal on behalf of a 71 year-old widow

whose sole source of income was $801 a month from

Social Security and whose food stamps were being

reduced from $16 to $6 per month.

Working with the court to allow a mother seeking

treatment for addiction to keep her children and

develop a permanency plan.

Representing a victim of domestic violence when her

abuser filed frivolous and unmeritorious motions for

custody of their shared child.

Helping a young woman with limited English

proficiency whose husband abused her, “hid” her baby

at his mother’s house, and isolated her from her family

to obtain a divorce, custody of the child and support.

Client Representation Examples


Non-IOLTA Operations

National High School Mock Trial Championship

In addition to managing the IOLTA program, the Nevada Bar

Foundation engages in programs that promote legal education. This

year, with cooperation from the State Bar of Nevada, the Nevada

Bar Foundation successfully bid to host the 2018 National High

School Mock Trial Championship (NHSMTC) competition in Reno,

Nevada. This is the first time Nevada has had the honor of hosting

the NHSMTC – and 2018 will mark the State Bar of Nevada’s 20th

anniversary of mock trial involvement.

The competition is expected to bring to Reno nearly 700 students

and team coaches; upwards of 400 family members; and more than

400 volunteer judges, team coordinators and competition

organizers. The competition’s success will hinge on volunteer efforts

and the Nevada Bar Foundation will rely extensively on lawyers,

judges/justices, and business leaders to see it through fruition.

Additionally, the Nevada Bar Foundation has formed a Steering

Committee and several committees dedicated to planning and

carry-through of competition logistics.

Colleagues Fund

The Colleagues Fund was previously established by the Nevada Law Foundation as a charitable endowment to assist low

income people with their legal problems and assist members of the public in learning more about the law and the state’s

judicial system. When the Nevada Bar Foundation assumed responsibility for the IOLTA program from the Nevada Law

Foundation, it also took over management of the Colleagues Fund. This year, the Nevada Bar Foundation contacted the 174

Colleagues and asked them to elect to maintain their donations in an endowment or release them for pro bono and law

related education purposes. Of the $468,000 held in the Colleagues Fund, $189,800 was released. The Nevada Bar

Foundation Board of Trustees elected to donate $50,000 of the released funds to support the 2018 NHSMTC, provide five

years of funding for non-IOLTA operations, and leave the remaining unrestricted dollars for future use.

NHSMTC STEERING COMMITTEE

PAUL MATTEONI, PRESIDENT

CONNIE AKRIDGE, VICE-PRESIDENT

ANN BERSI

CYNTHIA ALEXANDER

DON CHRISTENSEN

KATHLEEN DICKINSON

LISA DREITZER

KIMBERLY FARMER

GENE LEVERTY

HON. LINDA GARDNER

MARK KNOBEL

JUSTICE NANCY SAITTA


Financial Operations The Nevada Bar Foundation is the tax-exempt entity under

SCR 216 for administering Nevada’s IOLTA program, including

the distribution of grants to legal aid organizations that

provide services to the poor, victims of domestic violence,

and to children protected by or in need of protection of the

juvenile court. In addition, the Foundation engages in non-

IOLTA activities, such as fundraising to support law related

education.

Staffing to support the Foundation is provided under a

contract with the State Bar of Nevada and select IOLTA data

management and legal services are contracted with third

party vendors. These partnerships allow the Foundation to

operate with three percent of funding used for

administration, maximizing the dollars available for grant

funding.

In addition to administering the IOLTA program, the

Foundation has focused its fundraising to support the Access

to Justice Commission’s One Promise campaign and law

related education, primarily the 2018 National High School

Mock Trial Championship. Excluding funding for the Mock

Trial Championship, the Nevada Bar Foundation realized a net

profit of $9,284 in 2015.

$12,645 $45,315

$2,254,924

IOLTA Expenses

Travel, Ins., Misc. Contract Services Grants

Financial Information as of 12.31.15 (Unaudited)

CURRENT ASSETS

2015

Cash and Cash Equivalents $4,275,100

IOLTA $2,275,102

Non-IOLTA $331,807

IOLTA Reserves $697,545

Colleagues Funds $278,200

Bank of America Settlement $355,047

IOLTA Rainy Day Reserves $116,400

Mock Trial Fund $105,006

Accounts Receivable $355,010 Prepaid Expenses $3,619 Total Current Assets $4,633,729

PROPERTY & EQUIPMENT Flagpole and Podium $11,513 Less: Accumulated Depreciation ($6,080) Net Property & Equipment $5,433 TOTAL ASSETS $4,639,162 CURRENT LIABILITIES Accounts Payable $3,042,499 OTHER CURRENT LIABILITIES Mock Trial Deferred Income $50,000

FUND BALANCE $1,546,663 $4,639,162


From: Jenni Smith – Publications Manager

Date: 03/23/2016

Re: Reference Manual Status

Reference Manual Status

The Publications Department has had significant activity in the first quarter of 2016 related to reference manual projects. The following report provides a brief overview of all reference manual projects in some phase of production.

• Nevada Appellate Practice Manual 2016 – the new edition of this manual, edited by Debbie Leonard with the assistance of the Appellate Litigation Section, was released in digital format in January 2016. To date, 135 copies have been sold or pre-ordered. Hardcopy manuals are currently in production with our printer, scheduled for delivery the week of April 4.

• Nevada Gaming Law Practice and Procedure Manual – this entirely new reference manual, produced by the Gaming Law Section and edited by Greg Giordano, Jeff Rodefer and Mark Lerner, has finished copyediting and the final draft is awaiting delivery to our professional indexer. We will release the digital edition in early April, with hardcopies to follow in 6-8 weeks after the completion of indexing.

• Nevada Civil Practice Manual: Sixth Edition – this reference manual, produced in partnership with LexisNexis, is written and edited by a large team of volunteer Nevada bar members, headed up by lead editor Tracy DiFillippo. The Sixth Edition has been completely overhauled, with all-new text, including practice tips and sample forms. As of this writing, the draft is 2/3 complete, and on schedule to meet our manuscript delivery deadline to LexisNexis on June 28, 2016. LexisNexis is scheduled to deliver the new edition to customers this October.

• Nevada Jury Instructions: Civil – a revised edition of this book of template jury instructions has been drafted and is undergoing review by lead editor Judge Chuck Thompson, who has determined all but two chapters are complete and ready for subject matter review. He estimates the final two chapters will be rewritten and the draft will be ready for layout in mid-April 2016. The Publications Department is seeking a new pool of subject matter experts and editors to conduct a thorough draft review once layout is complete, estimated late May 2016.

• Sample Contracts – A short-format digital-only publication providing a series of sample contracts and forms has been completed by Publications Committee member Chaz Rainey, and is currently being formatted for review. No publication release date has yet been set for this publication.


From: Jenni Smith – Publications Manager

Date: 03/22/2016

Re: Nevada Lawyer Financial Review

Nevada Lawyer Editorial Board – March Meeting

The Nevada Lawyer Editorial Board opted to reduce the scope of its biannual meeting in March, limiting that meeting to a web conference with an extended look at magazine finances and production schedules.

Magazine Financial Review

Every six months, the Editorial Board reviews the direct costs and revenue associated with magazine production. A copy of the most recent magazine financial review is attached. This report also includes CLE credit article sales.

Report highlights:

• Magazine direct costs are down slightly for this six-month period, slightly less than $20 per issue, due to a reduction in average page counts per issue.

• Magazine revenue has increased for this six-month period, by more than $500 per issue, due to an increase in magazine advertisement sales.

• CLE credit articles continue to be popular revenue-generating items. The two most popular articles in this six-month period were “Aircraft Accident Investigation,” from the Sept. 2015 issue and “Search and Seizure in the Roberts Court in a Nutshell,” from the Oct. 2015 issue.

FINANCIAL REVIEW Nevada Lawyer: Direct Revenue and Expenses, April 2015 – March 2016

Printing

Cost Graphic Design Cost

Mailing Cost Extra Costs (photography, etc.)

Total Costs for Issue

Classified Advertising Revenue

Display Advertising Revenue

Total Ad Space & Edit/Ads Ratio

Total Advertising Revenue for Issue

Net Profit/Cost for Issue

April 2015 (48 pages)

$9,386.00 $2,000.00 $3,685.26 $0 $15,071.26 $444.58 $11,065.35 1400.254 sq. in. 68.8%/31.2%

$11,509.93 ($3,561.33)

May 2015 (48 pages)

$9,054.00 $2,000.00 $3,517.31 $82.00 $14,653.31 $355.48 $8,572.00 1355.752 sq. in. 69.8%/30.2%

$8,927.48 ($5,725.83)

June 2015 (48 pages)

$9,044.00 $2,000.00 $3,628.23 $49.00 $14,721.23 $372.58 $10,032.45 1552.566 sq. in. 65.4%/34.6%

$10,405.03 ($4,316.20)

July 2015 (48 pages)

$8,462.00 $2,000.00 $4,023.72 $49.00 $14,534.72 $405.70 $8,083.35 1289.783 sq. in. 71.3%/28.7%

$8,489.05 ($6,045.67)

August 2015 (48 pages)

$9,081.00 $2,000.00 $4,208.78 $49.00 $15,338.78 $390.40 $9,911.45 1378.659 sq. in. 69.3%/30.7%

$10,301.85 ($5,036.93)

Sept. 2015 (56 pages)

$10,287.00 $2,560.00 $3,452.57 $158.00 $16,457.57 $445.30 $11,956.00 2227.756 sq. in. 57.5%/42.5%

$12,401.30 ($4,056.27)

Oct. 2015 (48 pages)

$8,983.00 $2,000.00 $3,752.36 $294.00 $15,029.36 $537.79 $9,007.10 1424.628 sq. in. 68.3%/31.7%

$9,544.89 ($5,484.47)

Nov. 2015 (48 pages)

$9,424.00 $2,000.00 $3,807.73 $0 $15,231.73 $497.09 $9,711.40 1337.314 sq. in. 70.2%/29.8%

$10,208.49 ($5,023.24)

Dec. 2015 (44 pages)

$9,253.00 $2,000.00 $3,821.22 $0 $15,074.22 $363.94 $9,556.10 1331.128 sq. in. 67.6%/32.4%

$9,920.04 ($5,154.18)

Jan. 2016 (44 pages)

$9,373.00 $2,000.00 $3,826.33 $100 $15,299.33 $189.52 $8,429.70 1309.783 sq. in. 68.2%/31.8%

$8,619.22 ($6,680.11)

Feb. 2016 (44 pages)

$8,961.00 $2,000.00 $3,745.70 $231 $14,937.70 $574.20 $9,532.35 1494.597 sq. in. 63.7%/36.3%

$10,106.55 ($4,831.15)

March 2016 (48 pages)

$9,250.00 $2,000.00 $3,943.98 $100 $15,293.98 $351.75 $9,421.35 1505.035 sq. in. 66.5%/33.5%

$9,773.10 ($5,520.88)

12-Month Total (572 pages)

$110,558.00 $24,560.00 $45,413.19 $1,112.00 $181,643.19 $4,928.33 $115,278.60

17607.255 sq. in. 67.7%/32.3%

$120,206.93 ($61,436.26)

12-Month Average (47.7 pages)

$9,213.17 $2,046.67 $3,784.43 $92.67 $15,136.93 $410.69 $9,606.55 1,467.271 sq. in. 67.1%/32.9%

$10,017.24 ($5,119.69)

*estimate

Comparison to Previous Report:

12-Month Average from Previous Report in August 2015 (49.3 pages)

$9,359.75 $2,070.00 $3,682.61 $44.08 $15,156.44 $375.91 $9,111.83 1,392.844 sq. in. 69.8%/30.2%

$9,487.74 ($5,668.70)

Difference from Previous Report (-1.6 page)

($146.58) ($23.33) $101.82 $48.59 ($19.51) $34.78 $494.72 74.427 sq. in. $529.50 $549.01

Cost per member:

• Average estimated magazine circulation per month: 11,000 • Average cost per issue to bar member: $0.47 • Average annual subscription cost to bar member: $5.64

CLE Article Sales by Month, July - Dec, 2015: Total $ 21,780

• July: $ 1,485 • August: $ 900 • September: $ 1,215 • October: $ 4,365 • November: $ 5,670 • December: $ 8,145

CLE Sales by Article: Total 512 ARTICLE TITLE PUB. DATE QTY. SOLD

JULY – DEC 2015 2015 Nevada Medical Marijuana Legislative Update Nov. 2015 65 Addiction, Substance Abuse and the Legal Profession Jan. 2013 9 Addiction: What To Do? Dec. 2013 10 Aircraft Accident Investigation Sept. 2015 85 Avoiding Successor Liability in Asset Sale May 2014 9 Benefit Corporation Legislation (online only) Feb. 2013 3 Clearing Rights for Entertainment Projects May 2015 42 Development of Renewable Energy Projects on Federal Land July 2012 1

Drafting Attorney Fees Orders to Withstand an Appeal to the Nevada Supreme Court Aug. 2013 6

Effective Contract Drafting Oct. 2013 10 Establishing a Court of Appeals Feb. 2013 2 Intracorporate Conspiracy and Civil Rights in the Ninth Court (online only) March 2015 10

Money Matters: Make Sure You’re Handling Your Clients’ Dollars with Sense Oct. 2014 35

Navigating Post-Judgment Motions in Nevada State Court Jan. 2012 1

Nevada Firearm Laws Feb. 2014 8 Problems Inherent to the Business of Practicing Law June 2015 78 Recent Changes to Real Estate Law Jan. 2014 4 Search and Seizure in the Roberts Court in a Nutshell Oct. 2015 89 Some Tips on TIPS April 2014 3 Staying Ethical in the Digital Age March 2013 17 The Uncertainties of Series LLCs Dec. 2012 2 To Facebook or Not to Facebook, That is the Question Nov. 2012 1 You Can Run But You Can’t Hide: Overcoming Evasive Actions By Insurers in Construction Defect Claims Nov. 2014 13

You Can’t Ask That Question July 2013 9

1

MEMORANDUM

To: Board of Governors From: Layke Martin, Chair, Young Lawyers Section Date: April 6, 2016 Re: YLS Report Socials The YLS hosted a very successful Young Lawyers and Judges Mixer on February 26, 2016 at Morton’s in Las Vegas. The event was very well attended by lawyers and judges. The YLS co-hosted a social with the Washoe County Bar Association and the State Bar’s TIPS program in Reno on March 17, 2016. The YLS is co-hosting a social with the Boyd Law Alumni Chapter at Oak & Ivy in Container Park in Downtown Las Vegas on April 8, 2016. The social takes place after an Alumni Chapter CLE focused on pro bono opportunities for young lawyers. Trial Academy We were delighted that for the first time scholarships were made available for students to attend the Trial Academy. Below is a summary from Lisa Dreitzer: Thanks to the generosity of the state bar's Business Law, Litigation, and Young Lawyers sections, in addition to a donation from attorney Laura Fitzsimmons, seven scholarships totaling $1,500 each were made available to young lawyers seeking the training available at this year's Trial Academy, presented by the bar's Young Lawyers Section. Another scholarship valued at $425, the cost of the Trial Academy registration fee, was donated by attorney Russell Marsh. The Trial Academy will run concurrently with the state bar's Annual Meeting in Hawaii, June 29 - July 2, 2016. The state bar's Annual Meeting Planning Committee received 27 applications for the Trial Academy Scholarships; selection of the eight recipients was based on the following criteria: - Involvement in a State Bar of Nevada section; - Practice at a small law firm; - Practice in the public sector, including legal aid organizations, non-profits and government; and - Practice in rural Nevada. We are working hard on putting together a great Trial Academy program for 2016. Maggie Lambrose is once again chairing this project and doing a wonderful job.

2

Serving Seniors On April 23, 2016 from 10:00 am - 4:00 pm at the East Las Vegas Community Center, volunteers will assist low income seniors with their estate planning needs. Training in simple estate planning was provided in advance of this event during a CLE presented by Nevada Legal Services on March 14. YLS members Linda Lam and Olesya Sidorkina are organizing this “Serving Seniors” event in conjunction with Nevada Legal Services. A similar “Serving Seniors” event is being scheduled in Northern Nevada. NLS is holding a training CLE on simple estate planning at the State Bar Center in Reno on April 8, and CLE participants will be encouraged to volunteer at the Serving Seniors event. Law Day Poster & Essay Contest The Law Day Poster and Essay Contest Awards Ceremony will take place on Wednesday, May 11, 2016 from 4:00 pm until 6:00 pm in the Jury Assembly Room at the Federal Courthouse. Judges Foley and George will attend and present the awards to the students. This year, the YLS teamed up with the Clark County Bar Association on the contest. Submissions from local elementary, middle, and high school students are due on April 22, 2016. Law Student Committee As a follow up to the November 2015 change to the Section’s bylaws to allow law students to join the Section, the Executive Council approved the creation of a Law Student Committee and the appointment of Boyd Law student Tyler Mowbray as the Committee’s first Chair.

MEMORANDUM To: Board of Governors From: Stephanie Hirsch, Assistant Director, CLE Date: March 30, 2016 Re: Inaugural Trial Skills Institute

The inaugural Trial Skills Institute was held on select Fridays from December 2015

to March 2016. Sessions were simulcast between the Las Vegas and Reno bar offices

and offered 3 CLE credit hours consisting of lecture and practicum. Attorneys could

purchase individual sessions at $200 each or a bundle of all seven programs for $995

($142 each). A price break was offered to attorneys practicing 5 years or less - $175

individual sessions or $800 for the bundle of seven sessions.

The bar was fortunate to have a wonderful faculty line-up for this series including

attorneys such as Federal Public Defender Rene Valladares, Brenda Weksler, Stan

Hunterton and Dominic Gentile. The speakers were well received by the attendees

and added much value to their sessions through great content and expertise. The

faculty members were able to help the students hone their skills through the live

interaction and feedback portions of the sessions. Anecdotally, student attorneys were

engaged and provided positive verbal feedback about the Trial Skills Institute.

The second annual Trial Skills Institute is planned for fall 2016.

Faculty Registrants Revenue Expense

Jury Selection Betsy Allen 16 - Vegas $2,975 $417.78

December 11, 2015 Jonathan MacArthur 3 - Reno

Opening Statements Brenda Weksler 10 - Vegas $1,625 $394

December 11, 2015 Raquel Lazo 3 - Reno

Ramon Acosta

Evidence, Foundations, Objections Rene Valladares 24 - Vegas $4,954 $784.95

January 8 & 15, 2016 13 - Reno

Direct Examinations Michael Feder 16 - Vegas $2,889 $450.12

January 29, 2016 Eric Hone 8 - Reno

Dr. Daniel Wolfe

Cross Examinations Stan Hunterton 13 - Vegas $2,164 $531.16

February 12, 2016 Michael Miceli 6 - Reno

Theresa Ristenpart

Trial Motions Jason Carr 16 - Vegas $2,368 $425.20

February 19, 2016 4 - Reno

Closing Arguments Dominic Gentile 12 - Vegas $1,795 $430.45

March 11, 2016 4 - Reno

TOTALS 14 148 $18,770 $3,433.66

INSTITUTE NET REVENUE $15,336.34

Executive Committee Highlights

February 23, 2015 Noon

Discipline Update ‐‐ The Committee discussed the Master Case list and asked for follow up on the status of the grievances concerning Glen Lerner. The Committee discussed various matters concerning the Discipline Panels. David L. Phillips v. State Bar of Nevada ‐‐ This case is over nine months old and waiting for a ruling or scheduled oral argument. The Committee considered the recommendation by the bar’s attorney, Peter Angulo in this matter to “sit tight” and not ask the court for a status on the case. The Committee decided to direct Angulo to send a letter to the court asking for a status update as allowed under the local rules. The Committee also asked if there are weaknesses in our case Angulo should inform the Committee. Rule Changes – US District Court for the District of Nevada ‐‐ The Committee decided that there is no need for the bar to file a comment on the proposed rule changes.

Information, ABA House of Delegates Approved Actions and Recent Challenges to the Mandatory Bar ‐‐ The Committee was provided an update on these matters. A brief discussion covered the UBE. Rick Trachok plans to bring information to the Board at the April Board meeting regarding the Board of Bar Examiners plan regarding the UBE.

Awards ‐‐ The Committee discuss the annual awards. Notices will be sent out requesting nominations for the YLS of the Year and Volunteer of the Year awards. The Committee will review all nominations at the next Committee meeting and discuss nominations for the Presidential award and the Medal of Justice Award.

Board of Governors Terms ‐‐ The Committee discussed Board terms. The recommendation to consider amending SCR 81 to allow a Board member to remain on the Board if he/she is elected as vice president in the 8th year on the Board, thus allowing him/her to serve as president in year 10. Annual Meeting ‐‐ The Committee was asked to review the annual meeting sponsorship list and to assist in soliciting sponsors. The Committee also determined that Board members should be reimbursed for 3 nights of lodging at the annual meeting (instead of 2 nights) due to the location of the meeting. Memorials – The Committee asked that the Nevada Lawyer run a page on an annual basis noting all those who passed away in the year.

FY 2013 – 2018 Strategic Plan

A Five-Year Vision Adopted by the State Bar of Nevada’s Board

of Governors

2

Our Mission is to govern the legal profession, to serve our members, and to protect the public interest.

Our Goals are...

• to govern the legal profession in the State of Nevada, subject to the approval of the Supreme Court;

• to aid in the advance of the science of jurisprudence and in the improvement of the administration of justice;

• to promote reform in the law and in judicial procedure; • to uphold and elevate the standard of honor, integrity, and courtesy in the legal

profession; • to encourage higher and better education for membership in the profession; • to promote a spirit of cordiality and true friendship among members of the Bar; and • to manage the business of the State Bar in a prudent manner.

The Strategic Priorities outlined in this 5-Year plan reflect the commitment the State Bar of Nevada’s Board of Governors has made to carry forward this mission and its related goals.

MISSION OF THE STATE BAR OF NEVADA

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Support attorneys working in Nevada seeking to achieve and uphold the uppermost professional, ethical and civil conduct

Promote and, when necessary, enforce the highest ethical conduct of Nevada Lawyers

Support lawyers in transition

Inform and educate Nevada attorneys on professionalism

and ethics

• Provide a timely system for addressing and/or resolving complaints about lawyers

• Develop and support systems that address issues in the unauthorized practice of law

• Continue to develop and maintain programs that assist lawyers in their practice

• Establish lines of communication with law enforcement and other entities regarding issues of attorney misconduct

• Engage and assist newly admitted lawyers

• Assist lawyers leaving the practice of law

• Expand the Lawyers Concerned for Lawyers program

• Identify continuing education needs of Nevada lawyers and respond to their needs

• Assess issues and provide programs and services that inform Nevada lawyers on the Rules of Professional conduct

STRATEGIC PRIORITY

4

Provide a foundation of support to Nevada attorneys to ensure that they maintain the highest standards of competency, technical skills and ethics

Ensure lawyers admitted to practice in Nevada have met educational, ethical

and admission requirements

Provide tools and resources to support accessible continuing education for Nevada

attorneys

Provide effective and timely information to

Nevada lawyers

• Support the Board of Bar Examiners and its subcommittees

• Continue to evaluate character and fitness and other admission requirements and standards

• Continue to strictly interpret and comply with Nevada Supreme Court Rules regarding admissions

• Evaluate and respond to trends and critical issues affecting bar admissions

• Develop a menu of CLE programs that are affordable, innovative and accessible

• Access and provide practice management tools that will serve as resources for attorneys

• Collaborate and partner with other legal education providers to expand the scope of state bar programs

• Publish Nevada Lawyer and deliver content in various formats

• Utilize social media, where appropriate, to provide communications across various platforms

Maintain active guidance and support to sections • Conduct programs on the business of managing sections • Encourage collaboration between sections • Develop and implement strategies and programs to encourage member participation

STRATEGIC PRIORITY

5

Provide a foundation of support to the legal community

Advance the science of jurisprudence, reform of

the law and judicial procedure

Collaborate and enhance relationships with other

entities

Facilitate and support diversity initiatives

• Collaborate with the courts to address issues of underrepresented public

• Continuously evaluate State Bar publishing program

• Support and participate in programs offered by affiliate bars and law related organizations

• Develop programs for Nevada attorneys and other professionals with common interests

• Encourage and support State Bar and law school programs that encourage diversity

Educate and inform the public about lawyer’s professional standards

• Promote to the public how to find a lawyer and promote the lawyer referral service

• Provide a clearinghouse of consumer information

Promote pride in the profession through education of the public

• Inform and educate the public about lawyer's professionalism standards through various media outlets

• Reach the public through law related education programs for all ages

• Identify areas that impact the public and provide information

STRATEGIC PRIORITY

6

Provide for effective operations for resource management, policy and planning

Develop human resources strengths among

volunteers and professional staff

Draw from mandates, professional expectations and community needs to

develop plans that support long-range thinking and

ensure continuity

Implement state-of-the-art solutions using

technology

• Encourage and support continuing education for staff

• Continue to develop and promote professional and educational resources for volunteers

• Identify and pursue methods to manage bar operations and programs efficiently

• Support client protection programs through continued funding, policy development and information dissemination

• Access and utilize social media when appropriate

• Continuously assess bar operations and the use of technology

Lessen the burden of member compliance by identifying more efficient processes

• Evaluate mandates, process and procedures for member compliance to mandatory reporting

Support access to justice

Promote and support pro bono initiatives Support court efforts to reduce costs and streamline processes for lawyers and the

public

• Support the Access to Justice Commission

• Continue to encourage lawyer's pro bono service to enhance the culture of service

STRATEGIC PRIORITY

STRATEGIC PRIORITY

AGENDA BOARD OF GOVERNORS MEETING Reno, NV April ...

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