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Full-Text Articles in Law
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Nevada Supreme Court Summaries
The Court determined that attorneys do not qualify as agents for the purposes of retaliatory action under NRS 116.31183 where the attorney is providing legal service for a homeowners’ association. The Court further held that an attorney litigating pro se or representing his or her law firm may not collect attorney fees but may collect attorney costs.
The Client Who Did Too Much, Nancy B. Rapoport
The Client Who Did Too Much, Nancy B. Rapoport
Scholarly Works
Using Hitchcock's MacGuffin as a theme, I discuss the dynamics between client and lawyer when the client so obsesses over the issue driving him that he persuades (or attempts to persuade) the lawyer to do things that are inadvisable from the lawyer's point of view.
Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport
Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport
Scholarly Works
This chapter, in Corinne Cooper & Catherine E. Vance's book Attorney Liability in Bankruptcy, walks the reader through some of the traditional ethics issues triggered by representing consumers and small businesses. It also addresses some of the ethics issues that the recent Bankruptcy Amendments (BAPCPA) have created.
The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport
The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport
Scholarly Works
This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.
Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport
Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport
Scholarly Works
This article argues that the phrase thinking like a lawyer assumes that other professions don't have their own ways of approaching problems and that law schools only need to teach how lawyers think, rather than how lawyers do what they do. It suggests that law schools should do much more than just teach law students how to think.
Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport
Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport
Scholarly Works
This article discusses two related points: first, that the way in which movies portray lawyers shapes how clients view effective/ineffective lawyer behavior, and second, that the portrayal also helps lawyers to forget appropriate professional behavior.
Limited Representation: Helping Clients While Protecting Yourself, Mary E. Berkheiser
Limited Representation: Helping Clients While Protecting Yourself, Mary E. Berkheiser
Scholarly Works
The lawyer-client relationship is defined by what the client retains the lawyer to do, and that retention may be as general or specific as the lawyer and client desire. The Nevada Supreme Court has recognized that even with regard to “a particular transaction or dispute, an attorney may be specifically employed in a limited capacity.” This freedom to contract for broader or narrower representation benefits both lawyers and clients. No lawyer can be a true generalist anymore, and most clients cannot afford the full range of representation that the legal profession offers on a single matter.