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President's Message: Things to Think About

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AUGUST 2009
NEVADA LAWYER
PRESIDENT’S MESSAGE
THIngS TO THInk AbOUT
BY KATHLEEN JANE ENGL AND, PRESIDENT, STATE BAR Of NEvADA
“You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.”
– Alvin Toffler –
Here are some of the small things to think about in the upcoming year and in the near future: • Member Communications: The E-Newsletter is increasingly popular. We experienced significant cost savings with e-mail communication (especially for annual filings and dues payments). We are exploring ways to encourage and capture member communications back to us, and we need your input and comments on what might work best. I am thrilled to report that the Young Lawyers Section started a Facebook page! Could a presidential blog be next? • CLE Committee: Scott Thomas has become chair; five to six new members will be appointed shortly. Look for new offerings, new delivery methods (including Internet and audio/teleconference) and cooperative endeavors with other organizations (including our own substantive sections, many of whom presented successful CLE programs at the 2009 Annual Meeting.) At present, we are searching for a new CLE Director. • Facilities: We are bursting at the seams at the Las Vegas bar office and are examining how best to address the problem while being mindful of these times of economic downturn when we know we need to be responsible stewards of your dues dollars. Bar staff has instituted numerous cost-saving measures and multiple use of facilities (such as those at the Northern Nevada Bar Center) is under consideration in this long-term planning. • Access to Justice Issues: Legal service providers (Legal Aid Center of Southern Nevada, Voluntary Attorneys
State bar of nevada
for Rural Nevadans, Nevada Legal Services, Senior Law Projects (Washoe and Las Vegas) and Washoe Legal Services) are experiencing huge increases in service requests. They are stepping up to the task, especially in their quick response to foreclosure and credit issues, by offering consumer education and assistance. Private practice lawyers need to do their part by volunteering and by changing their trust accounts to banks that offer higher interest rates for IOLTA accounts. • Nevada Law Foundation (NLF) and IOLTA Monies: There have been ongoing discussions between the NLF board and the bar’s Board of Governors on many issues of substantial concern. The good news on this front is that due to the effort of a few persistent judges and practitioners with clout, there has been a substantial increase in IOLTA revenue for the first five months of 2009 with some banks offering better interest rates – but we need to do more. Go to www.nvbar.org and look at the list of 15 banks offering good interest rates – some as high as 2 percent! Change your trust account today. Clearly, this is the most painless way to raise more money for access to justice for those who cannot afford it. • Practice Takeover Services: More and more frequently, the bar is being asked to step in and take over practices where a lawyer has died, become incapacitated or cannot handle their practice – often a solo practitioner with no back-up or succession/transition plan. We need to explore implementing a regular procedure for practice takeovers on an emergency basis as well as pay attention to preventative measures such as CLE to assist our members in planning for the inevitable.
MISSIOn
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Our mission is to govern the legal profession, to serve our members, and to protect the public interest.
NEVADA LAWYER
AUGUST 2009
• LCL (Lawyers Concerned for Lawyers) Issues: Confidential help for our colleagues with substance abuse, alcohol abuse and other personal issues has been one of our most successful programs, ably offered through the longtime services of Coe Swobe, Ben Graham and their group of dedicated practitioner volunteers. We need to plan expansion and succession on a long-term basis. • SJR 2 and SJR 9: These two ballot measures will profoundly impact our system of justice. Lawyers need to be heard on these subjects – SJR 2 covers merit selection/retention election system for judges, and SJR 9 deals with an intermediate appellate court. We will try to be the source of educational information on both. • Mediation Foreclosure Program: Many of you stepped up to assist in the rule-making and training. Hundreds of you have volunteered to serve as mediators in this statutorily required program. Bravo! • CLE Board: The Nevada Supreme Court is examining the rules and procedures of this (separate) board that oversees certification of CLE programs and enforcement of requirements on practitioners. The Nevada CLE Board’s report is to be filed by October 5, 2009, with a comment period for 30 days thereafter. Be sure to weigh in and comment. As I mentioned before, on August 18 and 19, 2009, the board will be conducting its strategy planning session at its Fallon meeting. We look forward to working with our five recently elected board members: Bruce Hahn and Jenny Hubach of Reno, Amber Candelaria and Vince Ochoa of Las Vegas, and Mason Simons of Elko. We need your input, thoughts, and participation, as well.
LETTER TO THE EdITOR
Dear Nevada Lawyer magazine, The computer forensics article in your June 2009 issue was very well presented and contained plenty of good information. As a computer forensics (CF) business owner we often search for articles as good as that one E-Discovery & but rarely find them. Even so, you may have Evidence already received e-mails from many other CF folks in regards to the proper way to shut down a machine. Please forgive me if you have, but, here is another one. While pulling the plug from the back of a machine is sometimes allowed, there are some decisions that must be made before taking that step. If the machine is operating on Linux or if the machine is a server it is best not to just pull the plug. If you do, you may never get it started up again in the proper mode. Also, one may come upon a machine that has evidence of some sort, perhaps even evidence that has been decrypted, on the screen and if you shut down that machine by pulling the plug you may lose it forever. Also, now that CF experts have
JUnE 2009 • vOLU ME 17 • ISSU E 6
NE VA D L AW Y E A R
AL PUb LIC AT I O n OF THE S TAT E
THE OF FICI
bAR OF nEvAd
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New E-Disco very Rules Introductio n to Computer Forensics Preserving Electronic Evidence
COnTInUEd On PAgE
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