Vol. 21 -- Efiling Problems A legal note from Marshal Willick about the wrong turns being taken in the automation of the courts, as to e-filing and video records. The medical maxim “The first thing is, do no harm” applies in many contexts. It should, for example,...

Vol. 20 -- Use and Abuse of Court Minutes A legal note from Marshal Willick about the use and abuse of Court Minutes For the third time in a few weeks, this office has seen opposing counsel dispute the terms of a proposed court order based on the Court Minutes –...

Vol. 19 -- Abbott and International Kidnap/Hague A legal note from Marshal Willick about a United States Supreme Court decision altering the meaning of “custody rights” in international child abduction cases In Abbott v. Abbott, ___ U.S. ___ (No. 08-645, May 17,...

Vol. 18 -- Fernandez & Child Support A legal note from Marshal Willick about how, as a matter of public policy, child support just cannot be made non-modifiable In Fernandez v. Fernandez, 126 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 3, Feb. 4, 2010), the Nevada...

Vol. 17 -- Updates on Prior Notes A legal note from Marshal Willick updating prior items When these notes go out, Isometimes get a lot offeedback, including inquiries as to how developing matters played out. As it’s been most of a year since they started, it seemed...

Vol. 16 -- When QDROs Should Be Drafted A legal note from Marshal Willick about how if either spouse has a retirement, the QDRO should be finished simultaneously with the divorce – and how you are not done then, either I. ALWAYS DEAL WITH THE RETIREMENT BENEFITS...

Vol. 15 -- Feral Paralegals Part 2 A legal note from Marshal Willick about how attorneys are violating the rules of professional ethics by mis-using paralegals who change firms There are attorneys in this State who seek out and even hire paralegal staff for the...

Vol. 14 -- Schwartz & Alimony A legal note from Marshal Willick about how common sense in some alimony determinations is now mandatory In Schwartz v. Schwartz, 126 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 8, Mar. 4, 2010), the Nevada Supreme Court determined that...

Vol. 13 -- The State Bar Fee Dispute System A legal note from Marshal Willick about how the State Bar of Nevada’s Fee Dispute Resolution System is Broken – and Needs to be Fixed For many years the State Bar of Nevada has permitted disgruntled clients to file fee...

Vol. 12 -- Time to Distinguish Enterprise A legal note from Marshal Willick about how it may be time for Nevada to distinguish enterprise from personal goodwill in business valuations I. THE ROLE OF GOODWILL IN DIVORCES INVOLVING BUSINESSES In divorce cases involving...

Vol. 11 -- Fees Incurred on Appeal A legal note from Marshal Willick about how fees incurred on appeal can be awarded in and by the district court on remand – sometimes Somebody asked me a question in the recent past as to whether attorneys fees incurred on appeal...

Vol. 10 -- Feral Paralegals A legal note from Marshal Willick about how feral paralegals are roaming the legal landscape, making practice harder for actual lawyers I. THE PROBLEM We’ve noted some disturbing trends relating to paralegals in Nevada, which are worthy of...

Vol. 9 -- Modest Proposal A legal note from Marshal Willick about a modest proposal* for improving the handling of family law cases in the Nevada Supreme Court The Justices of the current Nevada Supreme Court are bright, compassionate individuals who seem deeply...

Vol. 8 -- Landreth A legal note from Marshal Willick about how determining jurisdiction in cohabitant cases just got a lot harder – unnecessarily In Landreth v. Malik, 125 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 61, Dec. 24, 2009), the Nevada Supreme Court determined...

Vol. 7 -- Ogawa A legal note from Marshal Willick about how 8 = 6, if the Nevada Supreme Court says it does (and a reminder invite to our open house on January 6) In Ogawa v. Ogawa, 125 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 51, Nov. 12, 2009), the district court had...

Vol. 6 -- Garner A legal note from Marshal Willick about Garner, rogue attorneys, fraud on the court, and whether represented parties must now sign consents to orders (and an invite to an open house) I recently appeared in Family Court on what was supposed to be...

Vol. 5 -- Peremptory Challenge A legal note from Marshal Willick about how the Nevada Supreme Court has just half fixed a problem, and missed an opportunity to do a lot better On November 10, 2009, the Nevada Supreme Court amended SCR 48.1 to add a second peremptory...

Vol. 4 -- New Developments in Jurisdiction A legal note from Marshal Willick about a new twist in jurisdiction when either spouse is a military member Normally, a person’s State of residence is where that person is actually living, but State laws diverge surprisingly...