MINUTES OF THE MEETING
OF THE BOARD OF
GOVERNORS
August 30, 2007
A regular meeting
of the Board of Governors of the State Bar of Nevada was convened on August 30,
2007 at the State Bar of Nevada at 9:05 am.
The following members were in
attendance:
Nancy Allf,
President
Bruce
Beesley, President-Elect
Connie
Akridge
Larry
Digesti
Cam
Ferenbach
Francis Flaherty
Dara
Goldsmith
Elana Hatch
Gregg Kamer
Bridget
Robb Peck
Bryan Scott
John White
Robert
Witek
By Phone:
Bill Turner
State Bar Staff Present:
Rob Bare
Chris Boadt
David Clark
Patrice
Eichman
Kimberly
Farmer
Marc Mersol
Gale Skala
Guests
Suzan Baucum
Justice Michael Douglas
Ed Kainen
Jasmine
Mehta, Young Lawyers Section
1. CALL
TO ORDER
The meeting was called to
order by President Nancy Allf at 9:05 am and a quorum was declared.
2. CONSENT
ITEMS
The Board of Governors
agreed that item numbers 3, 5, 7, 8 should be removed from the Consent Agenda.
The following Consent Agenda items were accepted or approved unanimously, as
follows:
Approval
of Minutes of June 27, 2007
Appointment to Standing Committee on
Judicial Ethics and Election Practices
Patrick G. Byrne, Valerie G. Cooney, Steven L. Day,
Janiece S. Marshall, Christine S. Munro, Kathleen M. Paustian, and Dan R.
Reaser were approved to be reappointed to the Standing Committee on Judicial
Ethics and Election Practices for a one year term beginning January 1, 2008.
Report of Law Related Education
3. REPORT OF DIRECTOR OF ADMISSIONS
Patrice Eichman gave the Board highlights of the
Admissions report. Ms Eichman explained the proposed changes for rule SCR
49. The rule changes primarily cover the
limited practice and arbitration rules and are intended to eliminate the “paper
shuffle” that takes place between the SBN and the Clerk of the Supreme Court.
It was moved and approved to recommend the changes to the Clerk of the Supreme
Court.
4. REPORT OF FEE DISPUTE COMMITTEE/CLIENT
SECURITY FUND
It was moved and approved to appoint Nathaniel J.
Reed for a three-year term effective August 2007 to the Fee Dispute Committee
Las Vegas Panel C.
The following attorneys were approved to be
reappointed to the Fee Dispute Committee for another three-year term effective
August 2007:
Lee A. Drizin Las Vegas Panel A
Roger Harada Reno Panel
Zachariah Larson Las Vegas Pane C
Christopher Van Dyck Carson
City Panel
Clark Vellis Reno
Panel
It was moved and approved to reappoint the following
Regional Chairs to the Fee Dispute Committee for another one-year term
effective August 2007:
John C. Hope, Jr. Reno
Panel
Paul F. Eisinger Las
Vegas Panel B
Rena G. Hughes Las
Vegas Panel A
It was moved and approved to reappoint Jon S. Greene
to the Clients’ Security Fund for a three-year term effective August 2007.
Dara Goldsmith, the liaison to the Clients’ Security
Fund Committee (CSF), shared information with the Board from the last Committee
meeting. The CSF has asked for the Board to interpret and clarify the CSF Rules
of Procedure. The CSF committee has received claims from clients who used
paralegals or attorneys who are not licensed in Nevada. The CSF asked for
clarification on the question should the CSF accept claims on attorneys who are
not licensed in Nevada. Ms. Goldsmith noted that the CSF was established to
protect clients who have been injured by licensed attorneys in Nevada. It was
moved, seconded and approved that the CSF Rules of Procedure indicate that the CSF
would accept claims only from clients who have received services from a
licensed Nevada attorney in good standing with the SBN or by an attorney who
was admitted by pro hac vice at the
time services were rendered.
Cam Ferenbach asked if the SBN could make federal and
immigration attorneys register with the SBN. This would have to be approved by
the legislature. Nancy Allf appointed David Clark, Cam Ferenbach and Dara
Goldsmith to study what other states have done regarding this issue. They will
report their findings to the Board at the December meeting.
Dara Goldsmith also reported the request by the CSF
for added monies to make it through the number of claims they have in 2007. It
is anticipated that the CSF will have over a million dollars in claims and will
not have enough money for all their claims this year. The Board discussion
centered on the policy that the CSF noting that the CSF is not an insurer, and
that while the fund works to compensate those clients, we cannot compensate
every claim. Thus it was moved, seconded and approved to keep the CSF as
budgeted in 2007; thus no additional funds from the SBN will be provided to the
CSF at this time.
5. REPORT OF LAWYER REFERRAL AND
INFORMATION COMMITTEE
Kimberly Farmer informed the Board that LRIS has been
managing its process better, thus following up on funds that are owed to LRIS. This
process has brought in additional income for LRIS. Lynn Etkins shared the
progress of implementing experience panels to LRIS. LRIS has implemented the
LRIS experience panels as a move towards applying for ABA certification. The
Board would like further discussion concerning the benefit to LRIS, and
limitations on use of the LRIS restricted funds if the LRIS becomes ABA
certified.
6. REPORT OF ACCESS TO JUSTICE
COMMISSION
Bridget Robb Peck discussed the Access to Justice Report
and clarified some of the wording in the report.
7. REPORT OF NEVADA LAW FOUNDATION
IOLTA
Suzan Baucum and Justice Douglas discussed the
history on the IOLTA program and the ADKT supported by the Nevada Law
Foundation and the Access to Justice Commission. The ADKT seeks to amend SCR
217 from and “opt out” provision to a “comprehensive IOLTA program” which would
provide for attorney participation by all attorneys licensed in Nevada. Bridget Robb Peck shared her concern that the issue
should be brought to the membership for comment and input. The SBN of will
notify the members via the e-newsletter and the Nevada Lawyer and hold public
hearings to receive member input. The matter was tabled until the October
meeting.
8. REPORT OF THE YOUNG LAWYER’S SECTION
Jasmine Mehta, Chair of the Young Lawyers Section, shared
highlights of her written report. It was moved, seconded and approved to appoint
the following officers of the YLS:
Jasmine Mehta, Chair
Stephanie Allen, Chair elect
Laura Granier, Secretary
It was moved, seconded and approved that Jeremy R.
Reichenberg will fill the Rural Nevada Executive Council Member due to the
resignation of Michael Reitzell. Let it be noted that Cam Ferenbach abstained
from voting.
Ms. Mehta shared some history on the ABA FEMA
service. Maren Parry and Micheline
Fairbank attended the FEMA training. Maren Parry has volunteered to do a “how
to” book on the ABA FEMA service.
Bruce Beesley will work with the YLS to help with planning
and participation in the Midyear meeting for the State Bar of Nevada.
There were some concerns voiced about the Wills for Heroes program. The Board feels
it would be worthwhile to offer this service to members of the National Guard,
military personal, however they were concerned that other public service
personnel may not be in the low income category and perhaps this program could
be targeted to those in need. Additionally the Board was concerned over professional
liability matters with respect to the wills.
The Goldilocks presentations were discussed noting
that it is important bring the presentations to diverse schools throughout
Clark County and Washoe County. The YLS Section and the Diversity Committee
will work to bring this program these schools.
9. REPORT OF THE FAMILY LAW SECTION
Ed Kainen spoke about Family Law Specialization
process. The Family Law Section recommends amending the standards for Board
Certified Specialization in Family Law. It was moved, seconded and approved to
make the suggested changes to the standards for Board Certification in family
law.
10. REPORT OF OPERATIONS AND EDUCATION
Christopher Boadt gave an overview of the status of
both the CLE/Publications department and the Nevada Lawyer. The Board questioned
Mr. Boadt regarding distribution of the Nevada
Lawyer and suggested it be sent to government agencies as well as the local
newspapers. Mr. Boadt will provide a distribution list at the October
meeting.
Mr. Boadt explained in detail the proposed addendum
to the contract from 1986 for the publication of the Nevada Civil Practice
Manual. The Publications Committee is requesting approval of the Nevada Civil
Practice Manual Online Addendum. It was moved, seconded and so approved.
Mr. Boadt gave an overview of the finances of this
year’s Annual Convention. The SBN did not
meet its contracted room block. According to the attrition clause the contract,
the SBN owes Squaw Creek money. It was
moved and approved to negotiate the best deal concerning this issue. Mr. Boadt
will report back to the Board at the October meeting.
11. REPORT
OF DIRECTOR OF FINANCE AND INFORMATION SYSTEMS
Marc Mersol provided an
overview of the SBN Quarterly Financial Report. Mr. Mersol also covered the
history of the alliance between the SBN and Rate Search Inc. Mr. Mersol received a letter in a recent
statement from Rate Search stating that Rate Search was unable to confirm three
of the SBN certificate of deposits. It
was moved, seconded and approved to appoint a committee to research this issue
and secure the SBN assets held with Rate Search. The committee members are
Bruce Beesley, Bridget Robb Peck, and Connie Akridge. It was moved, seconded and approved to empower
the Executive Committee of the Board of Governors to make decisions concerning
this issue between Board meetings.
It was moved, seconded and
approved to have a subcommittee to investigate the criminal process of this
issue. The committee members will be Larry
Digesti, Bob Witek and Bill Turner.
Connie Akridge was in touch
immediately with Carmody and MacDonald, a law firm in St. Louis, MO where the
headquarters of Rate Search is located. It was moved, seconded and approved to engage Carmody
and MacDonald in this matter with approval of a $15,000 budget for the retainer
and initial fees.
12. REPORT OF THE FINANCE COMMITTEE
Cam Ferenbach reviewed the revised 2007 budget with
the Board members. Marc Mersol provided highlights about adjustments and bottom
line figures of the budget. It was noted
that net revenue is ahead of budget and this is after paying off the mortgage
on the Reno building. It was moved, seconded and approved to approve the
revised budget.
13. COMMITTEE REPORTS
Report of Diversity
Committee
Bryan Scott offered an overview of the Diversity Committee
and the progress the Committee has made. There was discussion on the proposal
that the Nevada Supreme Court allow persons who want to work for the Clark
County Public Defender’s office be able to defer the taking of the Bar exam similar
to what the rural counties and other entities do under Nevada Court Rule 49.1.
The Board suggested that Mr. Scott invite someone from Clark County and Washoe
County Public Defender’s office to a Board meeting in order that questions
could be asked and therefore clarification of the proposal. Nancy Allf asked Bob Witek and Larry Digesti
to meet with Bryan Scott regarding this issue.
14. DISCUSSION
OF LAWYER REPRESENTATIVE, U.S. DISTRICT COURT
It was moved and approved
to appoint Nancy Koppe to fill the vacancy for lawyer representative to the
United States District Court, District of Nevada.
15. REPORT
OF THE PRESIDENT
Nancy Allf shared the
highlights of the planning meeting on August 29, 2007. The meeting validated how
important it is to involve the Past Presidents of the SBN. It was suggested that the Annual Convention
committee and the Senior Lawyer Committee invite a Past President to attend
their meetings.
Ms. Allf reiterated the
fact that we need to involve the rural members in CLE as well as other future
functions of the Bar. It was suggested to share some of these concerns at the
Board meeting with the Supreme Court in January. It was also suggested that the Board develop
an agenda of issues that may come before the next legislative session.
The Board agreed that one
of the goals for the Bar was to find a new building. We have outgrown our
present building on Charleston Blvd.
Kimberly Farmer and Bryan Scott will work together to begin the preliminary
process of accessing a new site for the State Bar.
Ms. Allf requested that the
Board members be sure to fill out their evaluation forms that are in their
Board book.
16. REPORT
OF DEPUTY BAR COUNSEL
David Clark gave overview
of the status of the Advertising committee. It was moved, seconded and approved
to appoint the following applicants to the Advertising Committee for a two-year
term beginning September 1, 2007.
Southern Committee- Attorneys:
Joice Bass, Bruce Flammey,
Daniel Ivie, Cory Jones, Lary Lamoreux, Charles Lombino, Edward Miley,Richard
Myers, Howard Needham, Dirk Ravenholt, Eduardo San Miguel and Clark Seegmiller.
Southern Committee – Non-Attorney
Mysty Cain
Northern Committee – Attorneys
John Calvert, Curtis
Coulter, Jenny Hubach, Peter Chase Neumann, and John Oakes
Northern Committee – Non-Attorneys
Douglas Smith
There are no chairs of the
committees. Mr. Clark felt that the
chairs will evolve when the committees meet.
It was moved, seconded and approved that the Executive Committee of the
Board will ratify the chairs.
17. REPORT
OF BAR COUNSEL
Rob Bare shared the latest
discipline status report. Mr. Bare
reported that Office of Bar Counsel is current with their cases.
It was moved, seconded and
approved to appoint laymember Edward A. Anderson to the Southern Disciplinary
Board for a three-year term beginning September 1, 2007.
It was moved, seconded and
approved to reappoint Bruce Shapiro and Edward Miley to a three-year term
beginning September 1, 2007.
It was moved, seconded and
approved to appoint the following attorneys to the Southern Disciplinary Board
for a three-year term beginning September 1, 2007.
Gina Corena
Michael Bohn
It was moved, seconded and
approved to appoint the following attorneys to the Northern Disciplinary Board
for a three-year term beginning September 1, 2007.
Michael Large
Lance Maiss
It was moved, seconded and
approved to accept the resignation of Attorney Patrick Sean McGovern.
18. REPORT
OF EXECUTIVE DIRECTOR
Kimberly Farmer gave an
overview of the most recent staff changes noting that there is an updated staff
flow chart in the Board book.
Ms. Farmer shared the
status on the Compensation and Benefits Study.
The State Bar has hired Fox Lawson & Associates to do the
study. The draft market survey plan and
survey instrument will be presented to the committee for review and approval in
early September. It is estimated that
the process will begin in October with final results completed in January 2008.
Ms. Farmer reported on the
status of the membership management software – Bar Alliance. Bar Alliance has agreed to provide us the
software and convert our data on a test basis at no charge. We will then be
able to review any concerns.
ADJOURNMENT
There being no further business before the Board the
meeting was adjourned at 3:00 pm