Vol. 27 — More on E-filing
A legal note from Marshal Willick about further developments regarding e-filing and video hearing records ........................................................... On July 27, 2010, the Clark County Chief Judge announced a prospective reduction in e-filing fees,...
Vol. 26 — Carmona and the Wisdom of Settlement
A legal note from Marshal Willick about the final word on Carmona – and an object lesson on the value of settlement. ........................................................... I. BACKGROUND For those readers who do not regularly peruse the advance sheets from the...
Vol. 25 — Relocation Where There is Joint Custody
A legal note from Marshal Willick about relocation cases involving parents who share joint physical custody. ........................................................... An attorney wrote in, asking for assistance in a case where the client had joint physical custody,...
Vol. 24 — Judicial Selection
A legal note from Marshal Willick about the necessity of altering our method of judicial selection. ........................................................... Adopting the Missouri plan for appointing judges and holding retention elections is the only rational thing...
Vol. 23 — What’s up with Hooterville?
A legal note from Marshal Willick about the dysfunctional mess of joint petitions filed in the Fifth Judicial Circuit and what should be done about it. ........................................................... Feral paralegals operating divorce mills out of Las...
Vol. 22 — Parental Sexual Conduct
A legal note from Marshal Willick about the changed role of parental sexual activity as it relates to child custody determinations. ........................................................... An attorney wrote in, asking if courts will apply case law that has never...
Vol. 21 — E-Filing 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...
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...
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, 560 U.S. 1 (No. 08-645, May...
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. 28 (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, I sometimes get a lot of feedback, including inquiries as to how developing matters played out. As it’s been most of a year...
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. ........................................................... I. ALWAYS DEAL WITH THE RETIREMENT BENEFITS BEFORE FINISHING THE...
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...
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. 87, 225 P.3d 1273 (Adv. Opn. No. 8, Mar. 4, 2010), the Nevada...
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...
Vol. 12 — Time to Distinguish Enterprise and Personal Goodwill?
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...
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...
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...