Education re SOLO Lawyers & State Bar Associations

A Welcome Note:

 

If you are reading this, you are likely a busy Nevada attorney; therefore, I will be as brief as possible.

 

THE PROBLEM

There has been an empirically verifiable recent groundswell in Nevada (actually across the US too) where many believe there is a problem with the way SOLOs are treated by their respective bar associations - especially in disciplinary situations. Additionally, many believe there is an due process unconstitutionality in a bar association both representing and prosecuting a member.

 

PART OF THE SOLUTION

This educational website is a small part of the solution. Anyone interested in this situation needs access to objective, well-referenced, academic and legal research so that they may form their own opinion as an educated participant in the process. This website seeks to provide that information along with, clearly identified, opinion. Thus, our mission is to educate. Today, this is simply my website. Depending on the reaction it receives, it might become a 501(c)(3) think tank (policy institute) or PAC. Part of my background is in long-term political activism. My current mission statement is: "To provide research, studies, cases, and clearly identified opinion that helps educate SOLO lawyers to achieve their goals with state bar associations in order to better serve the underrepresented and protected classes that are their typical client base.”

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IS THIS SITE PROTECTED BY THE LAW?

Yes. It is not against any ethical rule or law of which I am aware to produce research that is verifiable, public, and can be duplicated. I have a right under the first Amendment to offer my opinion about governmental organizations - I will abide by all rules and laws - for example, I would not use confidential information nor information prejudicial to the administration of justice.

 

WHAT DEMOGRAPHIC BASE IS THE MOST IMPORTANT TO US?

Although all people are important to us, the needs of the clients served by SOLOs drive all other considerations.

 

WHAT ARE OUR MOST IMPORTANT TRAITS?

Credibility. Honesty. Clearly sourced research. We will conduct research with adherence to the same standards as say, a PhD dissertation or Journal article, or explain any deviations.

 

ARE WE “AGAINST” ANY STATE BAR ASSOCIATION?

Absolutely not. In fact, it is quite the opposite. Nothing would be greater than to educate and change the culture in some bar associations to better understand our research and arguments.

 

WHAT ARE THE FIRST 4 PROJECTS?

1) Complete and release the research project wherein we are categorizing all State Bar of Nevada disciplinary findings (where lawyer is identified) by firm size and comparing that to the total demographics of lawyers in Nevada.

2) Complete our survey of lawsuits against US state bar associations where a violation of the Due Process Clause of the US Constitution was argued.

3) Follow the upcoming federal lawsuit.

4) Complete our table of arguments of how SOLOs and other firms implement internal ethics controls.

 

WHAT WILL BE THE BIGGEST CRITICISMS AGAINST US?

People will argue we are too slow – this will take years of persistent and consistent work.

We will suffer many losses along the way. Although the Federal Lawsuit is from me, whereas the work on this website will be academic in nature, it is difficult to win a Federal Lawsuit and I may lose that. I will be subject to ridicule from large firms and small firms alike. I will lose friends. It is unknown how the bar will treat me once they are the subject of a lawsuit – I can hope for fairness. As a litigant, I argue; as a website presenter, I present academic research or clearly label it as opinion.

 

HOW WILL WE ACCOMPLISH OUR GOALS?

Like all civil rights movements and cultural change endeavors, our goals will be accomplished by being the people we claim we want others to be i.e., we must be honest, empathetic, and fair. We will never make it personal, degrade another person, or do anything we are not proud to publish. We will abide by NRPC 8.4(d) (the catch-all rule). We do not seek lawsuits, but we will not be afraid to file where necessary and to respond when litigation occurs e.g., we truthfully expose something and receive a defamation complaint.

 

WHO AM I?

Although I will release my name, and CV, when my Federal Lawsuit is filed, I am not important. The only people who are important are those represented by SOLOs which tend to be underrepresented and protected classes under the US Constitution’s Equal Protection Clause. However, preliminarily, please know that I first started political advocacy in 1985 with a 6-year project and have continued until this time. I have relevant academic work published and hold a graduate degree in this area. This project will outlast me and I am designing it on a 10-year schedule. It will move very, very slowly and only achieve its goals after cultural change occurs - counterintuitively, largely by the non-SOLOs most of which, in my opinion, are not aware of the problem and will willingly help us.

 

IS THIS A WHIM FOR YOU?

I have been involved in political advocacy for 37 years. Sometimes publicly and sometimes privately. The most important lessons I have learned are that one must be persistent, able to take huge losses, and still keep coming forward. I have done that for 37 years and will continue. In addition, I personally survived losing an 18-year-old son, a heart attack, and cancer; so if anyone thinks they can disrupt my happiness while I enjoy each and every day I have left, or that I will stop, they are sorely incorrect.

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WHAT TO EXPECT NEXT?

Each time one of the 4 projects noted above is completed, or has a substantive change, it will be announced here. If you are going to follow along with us on this journey, we suggest you check back monthly as we will try to update on the first of every month.

 

WHAT KIND OF INVOLVEMENT DO YOU EXPECT/WANT?

We have a real-world perspective. No lawyer that feeds their family and is a member of a bar association wants to publicly do anything that puts them on the radar. The more one argues that SOLOs are treated differently, the less a SOLO wants to be involved. We will set up every group method (emails, blogs, groups, etc.) so people can become involved anonymously. But more than “joining” with us – we just want you to be educated. We want you to understand the machinations of a bureaucracy and the effects on those litigants who need help.

 

When any bar attacks the protector of children or the helpless, they attack the actual children and the helpless.

 

Thank you for your time.

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PS I am releasing this site, even though it is incomplete, because I said I would by this date and credibility is more important than site appearance.