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Preparing and Recording a Homestead Declaration

For many people, their home is their largest asset.  Despite the importance of protecting your assets, homeowners overlook a statutory mechanism that can provide protection from creditors. In Nevada, a homeowner can prepare and record a Homestead Declaration in the county in which the residence is located. Upon the recording of a properly prepared homestead […]

The Importance of Preservation of ESI and Metadata

Historically, evidence to be presented at trial consisted of physical documents and other tangible things, i.e., a weapon in a murder trial. Proper preservation of physical evidence is critical. The failure to adequately preserve evidence is referred to as “spoliation.” If evidence is not properly preserved, an adverse party may request that the presiding court […]

When you don’t want to hold money that doesn’t belong to you

Sometimes a person or company can be in possession of property or money that should go to other people but the other people won’t or can’t accept the property or money… or might even disagree who should get the property or money. For example, if both the buyer and seller of a car ask you […]

The “Case Within a Case” in Legal Malpractice Actions

In Nevada, the required elements of a legal malpractice claim are: (1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks they undertake; (3) a breach of that duty; (4) […]
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Trial by Jury

This article is inspired by, and largely attributed to, the late Nevada District Court Judge Patrick Flanagan. Judge Flanagan was a talented member of the local bar and an eminently respected jurist. He is admired and remembered for his keen legal mind, wit, and kind nature. It was his custom to present the history of […]
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Separation of Powers between Nevada Courts and the Nevada Legislature

Nevada’s Constitution prohibits one branch of government from encroaching on the powers of another branch. (Nev. Const. art. 3, § 1).  For example, the Nevada legislature cannot encroach upon the powers of Nevada courts when it comes to the courts’ judicial functioning.  When a court prescribes rules to establish how it will function, the legislature […]